Spain

Spain

Right	Section	Contents
Freedom of Association	History	The First assertion of freedom of association in Spain was in the 1978 Constitution. It is covered in section 22, of Division I. “The right of association is granted” However the limitations of this right are listed in the following 4 clauses, including the prohibition of secret and paramilitary associations. European University Institute. Spanish Constitution. 1978. https://www.eui.eu/projects/internationalartheritagelaw/documents/nationallegislation/spain/spanishconstitution1978.pdf
Freedom of Expression	History	Article 17 of the Spanish Constitution of 1869 was the first specific assertion of freedom of expression in the country’s history. However, Spaniards were granted a form of this right, the freedom to print and publish their ideas, in the Constitution of 1837. “Spain Constitution of 1869 - Translated by Luis Francisco Valle Velasco.” World Constitutions Illustrated, Heinonline. Accessed July 13, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzes0128&i=1 “Spain’s Constitution of 1837.” Constitute. Accessed July 13, 2023. https://www.constituteproject.org/constitution/Spain_1837.pdf?lang=en
Freedom of Religion	History	Spain’s earliest iteration of its constitution was the Bayonne Constitution in 1808. Article 21 of the First Title of the Constitution of 1869 states, “The Nation is obligated to maintain the faith and the ministers of the Catholic religion. The public or private exercise of any other faith is guaranteed to all foreigners resident in Spain, without greater limitations than the universal rules of morality and of the law.” If any Spanish citizen also chooses to exercise a religion that is not Catholic, they also enjoy the same freedoms as foreigners that practice alternative religions. Here, there is freedom of religion but there is not necessarily a separation of church and state. Sources: “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 21, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.cow/zzes0128 &id=6&men_tab=srchresults.
Freedom of the Press	History	The Spanish Constitution of 1812 protected freedom of the press under Article 131: The powers and duties of the Courts are…to protect the political liberty of the press” (Biblioteca Virtual Miguel de Cervantes, “The Political Constitution of the Spanish Monarchy: Promulgated in Cádiz, the nineteenth day of March"). Today, Section 20 of Spain’s 1978 Constitution protects press freedom: “the right to freely express and spread thoughts, ideas and opinions through words, in writing or by any other means of reproduction" (Constitute Project, “ Spain’s Constitution of 1978 with Amendments through 2011” ).
Privacy Rights	History	Spain drafted a democratic constitution in 1869. This constitution gives specific privacy rights to Spaniards. In Article 5, it states “No [person] may enter the domicile of a Spaniard, or foreign resident of Spain, without their consent, except in urgent cases of fire, flooding or other analogous danger, or of illegitimate aggression proceeding from within, or to assist a person who is requesting help” (Constitution of 1869). It goes on to list more circumstances where authorities may enter the domicile and the process of obtaining a warrant to search. Article 7 states “In no case may the correspondence confided to the mail be intercepted [detenerse] or opened by the governmental authority, nor may telegraphs be intercepted” (Constitution of 1869). Similarly, it goes on to outline how judges must obtain warrants to read a person’s mail or telegraphs. Spains current Constitution lays out the right to privacy in Article 18 of its constitution, which includes 4 clauses. “1. The right to honour, to personal and family privacy and to the own image is guaranteed. 2. The home is inviolable. No entry or search may be made without the consent of the householder or a legal warrant, except in cases of flagrante delicto. 3. Secrecy of communications is guaranteed, particularly regarding postal, telegraphic and telephonic communications, except in the event of a court order. 4. The law shall restrict the use of data processing in order to guarantee the honour and personal and family privacy of citizens and the full exercise of their rights.” (The Spanish Constitution, 1978). Spain is also a member of the EU, meaning the GDPR is applicable to them. The Spanish Constitution already contains a clause about data protection, and the right to privacy in communications. References: General Data Protection Regulation (GDPR). “General Data Protection Regulation (GDPR) – Legal Text,” 2016. https://gdpr-info.eu/. The Spanish Constitution. “Chapter II: Rights and Liberties.” HeinOnline, 2011. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?collection=cow&handle=hein.cow/zzes0098&id=9&men_tab=srchresults.
Voting Rights and Suffrage	History	Under article 23 of Spain’s Constitution adult citizens (over the age of 18) have the right to participate in public affairs and elect their representatives through universal and free elections. (Constitute Project, “ Spain’s Constitution of 1978 with Amendments through 2011” ).