Spanish Constitution: Key Articles on Rights and Freedoms
Article 1: The Spanish State
1. Social and Democratic State of Law
Spain is constituted as a social and democratic state of law, upholding liberty, justice, equality, and political pluralism as its highest values.
2. National Sovereignty
National sovereignty resides in the Spanish people, from whom all state powers emanate.
3. Parliamentary Monarchy
The political form of the Spanish State is a parliamentary monarchy.
Article 2: Unity and Autonomy
The Constitution is based on the indissoluble unity of the Spanish nation, the common and indivisible homeland of all Spaniards. It recognizes and guarantees the right to self-government of the nationalities and regions that comprise Spain, along with solidarity among them.
Article 3: Languages
1. Castilian Spanish
Castilian Spanish is the official language of the State. All Spaniards have the duty to know it and the right to use it.
2. Other Spanish Languages
Other Spanish languages are also official in their respective Autonomous Communities, as per their Statutes of Autonomy.
3. Linguistic Diversity
The rich diversity of linguistic modalities in Spain is a cultural heritage that will be subject to special respect and protection.
Article 6: Political Parties
Political parties are the expression of political pluralism. They contribute to the formation and expression of the people’s will and are an essential instrument for political participation. Their creation and the exercise of their activities are free, as long as they respect the Constitution and the law. Their internal structure and operation must be democratic.
Article 9: Supremacy of the Constitution
1. Subjection to the Constitution
Citizens and public authorities are subject to the Constitution and the rest of the legal system.
2. Promotion of Freedom and Equality
Public authorities are obliged to promote conditions that ensure the real and effective freedom and equality of individuals and the groups to which they belong. They must remove obstacles that prevent or hinder their full enjoyment and facilitate the participation of all citizens in political, economic, cultural, and social life.
3. Guarantees
The Constitution guarantees the principle of legality, the hierarchy of legal norms, the publicity of legal norms, the non-retroactivity of punitive provisions that are unfavorable or restrictive of individual rights, legal certainty, accountability, and the prohibition of arbitrariness of public powers.
Article 14: Equality Before the Law
Spaniards are equal before the law, without any discrimination based on birth, race, sex, religion, opinion, or any other personal or social condition or circumstance.
Article 16: Freedom of Ideology, Religion, and Worship
1. Guarantee of Freedom
Freedom of ideology, religion, and worship is guaranteed for individuals and communities, with no limitations on their expression other than those necessary for the maintenance of public order as protected by law.
2. Freedom from Compelled Disclosure
No one may be compelled to declare their ideology, religion, or beliefs.
3. No State Religion
There is no state religion. Public authorities shall take into account the religious beliefs of Spanish society and maintain appropriate cooperative relations with the Catholic Church and other religious denominations.
Article 20: Freedom of Expression and Information
1. Recognized Rights
The following rights are recognized and protected:
- The right to freely express and disseminate thoughts, ideas, and opinions through words, in writing, or any other means of reproduction.
- The right to literary, artistic, scientific, and technical creation.
- Academic freedom.
- The right to freely communicate or receive truthful information by any means of dissemination.
The law shall regulate the right to conscientious objection and professional secrecy in the exercise of these freedoms.
2. Prohibition of Censorship
The exercise of these rights may not be restricted by any form of prior censorship.
Article 21: Right of Assembly
1. Peaceful Assembly
The right to assemble peacefully and without arms is recognized. The exercise of this right does not require prior authorization.
2. Public Meetings and Demonstrations
In the case of meetings in public places and demonstrations, prior notification shall be given to the authorities. They may only be prohibited when there are well-founded reasons to expect a disturbance of public order, with danger to persons or property.
Article 22: Right of Association
1. Recognition of the Right
The right of association is recognized.
2. Illegal Associations
Associations that pursue criminal ends or use illegal means are illegal.
3. Registration
Associations established under this article must register for the sole purpose of publicity.
4. Dissolution or Suspension
Associations may only be dissolved or their activities suspended by a reasoned court order.
5. Secret and Paramilitary Associations
Secret associations and those of a paramilitary nature are prohibited.