Fundamental Rights and Freedoms in the Spanish Constitution
Article 10
1. The dignity of the individual, the inviolable rights which are inherent in it, the free development of personality, respect for the law and the rights of others are the foundation of political order and social peace.
2. The rules relating to fundamental rights and freedoms recognized in the Constitution shall be construed in accordance with the Universal Declaration of Human Rights and international treaties and agreements thereon ratified by Spain.
Article 11
1. Spanish nationality is acquired, retained, and lost in accordance with the provisions of the Act.
2. No Spaniard of birth may be deprived of his nationality.
3. The State may negotiate dual nationality treaties with Latin American countries or those who have had or have a particular connection with Spain. In those same countries, even if they recognize their citizens a reciprocal right, Spaniards may be naturalized without losing their original nationality.
Article 12
Spaniards come of age at eighteen years.
Article 13
1. Foreigners enjoy in Spain the public freedoms guaranteed by the present Chapter in the terms established by the Treaties and the Law.
2. Reform of 27 August 1992. Only Spaniards will hold the rights recognized in Article 23, except that, according to criteria of reciprocity, may be established by treaty or by law the right to vote and stand in municipal elections.
3. Extradition shall be granted only pursuant to a Treaty or Act, on the principle of reciprocity. Excluded from extradition are political crimes, not considering as such acts of terrorism.
4. The law shall establish the terms under which citizens of other countries and stateless people may enjoy the right to asylum in Spain.
Article 14
Spaniards are equal before the law and may not prevail discrimination on any grounds such as birth, race, sex, religion, opinion, condition, or any other personal or social circumstance.
Article 15
Everyone has the right to life and to physical and moral integrity, and may under no circumstances be subjected to torture or to cruel, inhuman or degrading treatment. The death penalty is abolished, except as may be provided for by military criminal law in wartime.
Article 16
1. Freedom of ideology, religion, and worship of individuals and communities is guaranteed, with no further restriction on their expression than may be necessary for the maintenance of public order as protected by law.
2. No one may be compelled to testify about his ideology, religion, or beliefs.
3. There shall be no state religion. Public authorities shall take into account the religious beliefs of Spanish society and maintain relations of cooperation with the Catholic Church and other confessions.
Article 17
1. Everyone has the right to liberty and security. No one may be deprived of his liberty, but in observance of what is established in this Article and in the cases and in the manner provided for by the Act.
2. Preventive detention may not exceed the time strictly necessary for carrying out investigations aimed at clarifying the facts, and in any event, within a maximum of seventy-two hours, the detainee must be set free or brought before judicial authority.
3. Any person arrested must be informed immediately, and in a way understandable to him, of his rights and the reasons for his detention, and may not be compelled to testify. The assistance of a lawyer to the detainee is guaranteed in police and judicial proceedings, in the terms established by law.
4. The law shall regulate a writ of habeas corpus for the immediate bringing of any illegally arrested person before a judge. The maximum duration of provisional imprisonment shall also be determined by law.
Article 18
1. The right to honor, to personal and family privacy, and to one’s own image is guaranteed.
2. The home is inviolable. No entry or search may take place without the consent of the owner or a court order, except in cases of flagrante delicto.
3. The confidentiality of communications is guaranteed, and in particular, of postal, telegraphic, and telephonic communications, except in virtue of a court order.
4. The Law shall limit the use of data processing in order to guarantee the honor and personal and family privacy of citizens and the full exercise of their rights.
Article 19
Spaniards have the right to freely choose their residence and to travel throughout the country. They also have the right to freely enter and leave Spain in the terms established by law. This right may not be restricted for political or ideological reasons.
Article 20
1. The following rights are recognized and protected:
a. To freely express and disseminate thoughts, ideas, and opinions by word, in writing, or by any other means of reproduction.
b. The production and creation of literary, artistic, scientific, and technical works.
c. Academic freedom.
d. To freely communicate or receive truthful information by any means of dissemination. The law shall regulate the right to invoke the clause of conscience and professional secrecy in the exercise of these freedoms.
2. The exercise of these rights may not be restricted by any form of prior censorship.
3. The law shall regulate the organization and parliamentary control of the social communication media dependent on the State or any public entity and shall guarantee access to such media to significant social and political groups, respecting the pluralism of society and the various languages of Spain.
4. These freedoms are limited by respect for the rights recognized in this Title, by the legal provisions implementing it, and especially by the right to honor, to privacy, to one’s own image, and to the protection of youth and childhood.
5. The seizure of publications, recordings, and other information media may only be carried out by means of a court order.