Constitution of Kingdom of Spain (1978) (excerpts related to Citizenship) (English)
Constitution of Spain
Entered into force 27 December 1978
(Excerpts)
TITLE I
Concerning Fundamental Rights and Duties
Article 10
1. Human dignity, man's inviolable and inherent rights, the free development of his personality, respect for the law and for the rights of others are fundamental to political order and social peace.
2. The principles relating to the fundamental rights and liberties recognized by the Constitution shall be interpreted in conformity with the Universal Declaration of Human Rights and the international treaties and agreements thereon ratified by Spain.
Article 13
1. Aliens shall enjoy the public freedoms guaranteed by the present Title, under the terms to be laid down by treaties and the law.
2. Only Spaniards shall be entitled to the rights recognized in Article 23, except in cases which may be established by treaty or by law concerning the right of active suffrage in municipal elections, in accordance with the principle of reciprocity.
3. Extradition shall be granted only in compliance with a treaty or with the law, on the basis of the principle of reciprocity. Extradition shall be excluded for political offences; but acts of terrorism shall not be regarded as such.
4. The law shall establish the terms under which citizens from other countries and stateless persons may enjoy the right of asylum in Spain.
CHAPTER TWO
Concerning Rights and Liberties
Article 14
Spaniards are equal before the law and may not in any way be discriminated against on account of birth, race, sex, religion, opinion or any other condition or personal or social circumstance.
SECTION 1
Concerning Fundamental Rights and Public Liberties
Article 15
All have the right to life and to physical and moral integrity, and may under no circumstances be subjected to torture or to inhuman or degrading punishment or treatment. The death penalty shall be abolished, except as provided for by military criminal law in time of war.
Article 16
1. Freedom of ideology, religion and worship of individuals and communities is guaranteed, with no other restriction on their expression as may be necessary to maintain public order as protected by law.
2. Nobody may be. compelled to make statements regarding his religion, beliefs or ideologies.
Article 17
1. Every person has a right to freedom and security. Nobody may be deprived of his freedom except in accordance with the provisions of this article and in the cases and in the manner provided by the law.
2. Preventive detention may last no longer than the time strictly required in order to carry out the necessary investigations aimed at establishing the facts; in any case the person arrested must be set free or handed over to the judicial authorities within a maximum period of seventy-two hours.
3. Any person arrested must be informed immediately, and in a manner understandable to him, of his rights and of the grounds for his arrest, and may not be compelled to make a statement. The arrested person shall be guaranteed the assistance of a lawyer during the police inquiries or judicial investigation, under the terms to be laid down by the law.
4. Ahabeas corpusprocedure shall be regulated by law in order to ensure the immediate handing over to the judicial authorities of any person arrested illegally. Likewise, the maximum period of provisional imprisonment shall be stipulated by law.
Article 18
1. The right to honour, to personal and family Privacy and to personal reputation is guaranteed.
3. Secrecy of communications is guaranteed, particularly of postal, telegraphic and telephonic communications, except in the event of a court order to the contrary.
Article 20
1. The following rights are recognized and protected:
d) the right to freely communicate or receive accurate information by any means of dissemination whatsoever. The law shall regulate the right to invoke personal 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.
Article 24
1. Every person has the right to obtain the effective protection of the Judges and the Courts in the exercise of his legitimate rights and interests, and in no case may he go undefended.
Article 25
1. No-one may be convicted or sentenced for any act or omission which at the time it was committed did not constitute a felony; misdemeanour or administrative offence according to the law in force at that time.
2. Punishments entailing imprisonment and security measures shall be aimed at rehabilitation and social re-integration and may not consist of forced labour. The person sentenced to a term of imprisonment shall, while serving it, enjoy the fundamental rights contained in this Chapter except those expressly limited by the terms of the sentence, the purpose of the punishment, and the penal law. In any case, he shall be entitled to paid employment and to the appropriate Social Security benefits, as well as to access to cultural opportunities and the over-all development of his personality.
3. The Civil Administration may not impose penalties which directly or indirectly imply deprivation of freedom.
Article 27
1. Everyone is entitled to education. Freedom of instruction is recognized.
2. Education shall have as its objective the full development of the human character compatible with respect for the democratic principles of co-existence and for the basic rights and freedoms.
4. Elementary education is compulsory and free.
5. The public authorities guarantee the right of everyone to education, through general planning of education, with the effective participation of all parties concerned and the setting up of teaching establishments.
8. The public authorities shall inspect and standardize the educational system in order to guarantee compliance with the law.
9. The public authorities shall give aid to teaching establishments which meet the requirements to be laid down by the law.
Article 29
1. All Spaniards shall have the right to individual and collective petition, in writing, in the manner and subject to the consequences to be prescribed by law.
Article 35
1. All Spaniards have the duty to work and the right to employment, to free choice of profession or trade, to advancement through their work, and to sufficient remuneration for the satisfaction of their needs and those of their families; moreover, under no circumstances may they be discriminated against on account of their sex.
2. The law shall establish a Workers' Statute.
CHAPTER THREE
Concerning the Governing Principles of Economic and Social Policy
Article 43
1. The right to protection of health is recognized.
2. It is incumbent upon the public authorities to organize and safeguard public health by means of preventive measures and the necessary benefits and services. The law shall establish the rights and duties of all concerned in this respect.
3. The public authorities shall foster health education, physical education and sports. Likewise, they shall encourage the proper use of leisure.
CHAPTER FOUR
Concerning the Guaranteeing of Fundamental Rights and Liberties
Article 53
1. The rights and liberties recognized in Chapter Two of the present Title are binding on all public authorities. The exercise of such rights and liberties, which shall be protected in accordance with the provisions of Article 161, 1a), may be regulated only by law which shall, in any case, respect their essential content.
2. Any citizen may assert his claim to the protection of the liberties and rights recognized in Article 14 and in Section 1 of Chapter Two, by means of -a preferential and summary procedure in the Ordinary Courts and, when appropriate, by submitting an individual appeal for protection ("recurso de amparo") to the Constitutional Court. This latter procedure shall be applicable to conscientious objection as recognized in Article 30.
3. The substantive legislation, judicial practice and actions of the public authorities shall be based on the acknowledgment, respect and protection of the principles recognized in Chapter Three. The latter may only be invoked in the Ordinary Courts in the context of the legal provisions by which they are developed.
Article 54
An organic law shall regulate the institution of Defender of the People, who shall be a high commissioner of the Cortes Generales, appointed by them to defend the rights contained in this Title; for this purpose he may supervise Administration activities and report thereon to the Cortes Generales.
CHAPTER FIVE
Concerning the Suspension of Rights and Liberties
Article 55
1. The rights recognized in Articles 17 and 18, clauses 2 and 3, Articles 19 and 20, clause 1, subclauses a) and d) and clause 5, Articles 21 and 28, clause 2, and Article 37, clause 2, may be suspended when the proclamation of a state of emergency or siege (martial law) is decided upon under the terms provided in the Constitution. Clause 3 of Article 17 is excepted from the foregoing provisions in the event of the proclamation of a state of emergency.
2. An organic law may determine the manner and the circumstances in which, on an individual basis and with the necessary participation of the Courts and proper Parliamentary control, the rights recognized in Articles 17, clause 2, and 18, clauses 2 and 3, may be suspended as regards specific persons in connection with investigations of the activities of armed bands or terrorist groups.
Unjustified or abusive use of the powers recognized in the foregoing organic law shall give rise to criminal liability inasmuch as it is a violation of the rights and liberties recognized by the law.
CHAPTER THREE
Concerning International Treaties
Article 93
By means of an organic law, authorization may be granted for concluding treaties by which powers derived from the Constitution shall be vested in an international organization or institution. It is incumbent on the Cortes Generales or the Government, as the case may be, to guarantee compliance with these treaties and with the resolutions emanating from the international and supranational organizations in which the powers have been vested.
Article 94
1. Before contracting obligations by means of treaties or agreements, the State shall require the prior authorization of the Cortes Generales in the following cases:
a) treaties of a political nature;
d) treaties or agreements which imply financial liabilities for the Public Treasury;
e) treaties or agreements which involve amendment or repeal of some law or require legislative measures for their execution.
2. Congress and the Senate shall be informed forthwith regarding the conclusion of other treaties or agreements.
Article 95
1. The conclusion of any international treaty containing stipulations contrary to the Constitution shall require prior Constitutional amendment.
2. The Government, or either of the Houses may request the Constitutional Court to declare whether or not there is a contradiction.
Article 96
1. Validly concluded treaties, once officially published in Spain, shall form part of the internal legal order. Their provisions may only be repealed, amended or suspended in the manner provided in the treaties themselves or in accordance with the general rules of international law.
2. The same procedure shall be used for denouncing international treaties and agreements as that, provided in Article 94, for entering into them.
CHAPTER THREE
Concerning the Autonomous Communities
Article 149
1. The State holds exclusive jurisdiction over the following matters:
i) regulation of the basic conditions guaranteeing the equality of all Spaniards in the exercise of their rights and in the fulfilment of their constitutional duties;
v) Administration of justice;
vi) commercial, criminal and penitentiary legislation; procedural legislation, without prejudice to the necessary Special applications in these fields derived from the peculiar features of the substantive law of the Autonomous Communities;
2. Without prejudice to the jurisdiction which may be assumed by the Autonomous Communities, the State shall consider the promotion of culture a duty and an essential function and shall facilitate i cultural communication between the Autonomous Communities, in collaboration with them.
3. Matters not expressly assigned to the State by virtue of the present Constitution may fall under the jurisdiction of the Autonomous Communities by virtue of their respective Statutes. Matters for which jurisdiction has not been assumed by the Statutes of Autonomy shall fall within the jurisdiction of the State, whose laws shall prevail, in case of conflict, over those of the Autonomous Communities regarding all matters over which exclusive jurisdiction has not been conferred upon the latter. State law shall, in all cases, be supplementary to that of the Autonomous Communities.