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	Freedom of religion is established within the Constitution and established a secular state. The Catholic Church, however, has established itself as a central player within Spanish politics, with its prominent role in the People's Party. It also has special privileges within Spanish society (U.S. Department of State, "SPAIN 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT").
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	The 1978 Spanish Constitution was the first to present privacy rights in Spain. Section 19(1) protects “the right to honour, to personal and family privacy and to the own image,” while 19(2) protects the home, and 19(4) explicitly grants data privacy (Constitute Project, “Spain 1978 rev. 2011” ). https://constituteproject.org/constitution/Spain_ 2011? lang=en
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” ).