Freedom of Religion/History/Country sources/Spain: Difference between revisions

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{{Right section
{{Right section
|right=Privacy Rights
|right=Freedom of Religion
|section=History
|section=History
|question=Country sources
|question=Country sources
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|breakout=Spain
|breakout=Spain
|pageLevel=Breakout
|pageLevel=Breakout
|contents=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.
|contents=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.  


References:
Sources:


General Data Protection Regulation (GDPR). “General Data Protection Regulation (GDPR) – Legal Text,” 2016. https://gdpr-info.eu/.
“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
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.
&id=6&men_tab=srchresults.
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Latest revision as of 15:17, 3 August 2024

Freedom of Religion

What is the oldest written source in this country that mentions this right?

Spain

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.



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