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04 Section 1. Chapter Two. Rights and freedoms



Chapter One. The Spaniards and foreigners
Chapter Two. Rights and freedoms
Part 1. Fundamental rights and public freedoms
Part 2. On the rights and responsibilities of citizens
Chapter Three. The fundamental principles of social and economic policy
Chapter Four. On guarantees of fundamental freedoms and human
Chapter Five. On the suspension of the rights and freedoms
SECTION THREE. About the Cortes Generales
Chapter One. About the Chambers
Chapter Two. On the development of laws
Chapter Three. On International Treaties



Chapter One. General Provisions
Chapter Two. Local Government
Chapter Three. On Autonomous Communities
SECTION TEN. On constitutional reform





Chapter Two

Rights and freedoms

Article 14

All Spaniards are equal before the law and shall be no discrimination by birth, race, sex, religion, opinion or any other personal or social reasons.

Part 1
Fundamental rights and public freedoms

Article 15

Everyone has the right to life, to physical and moral integrity, and no one can in any case be subjected to torture or to inhuman or degrading treatment. Abolish the death penalty, except in cases provided for by military criminal law for the duration of the war.

Article 16

1. Guaranteed freedom of ideology, religion and worship for individuals and their organizations, without any restrictions, other than those which are necessary to maintain public order.

2. No one may be compelled to express their opinions, religion or belief.

3. No religion can not be a state. Authorities shall take into account the religious beliefs of Spanish society and maintain appropriate relations of cooperation with the Catholic Church and other denominations.

Article 17

1. Everyone has the right to liberty and security. No one shall be deprived of his liberty save in accordance with the provisions of this article and in the cases and in the manner prescribed by law.

2. The custody can not last longer than is strictly necessary period of investigation to determine the circumstances of the case, and in any case not more than seventy-two hours, after which the detainee must either be released or handed over to the judicial authorities.

3. Any person detained shall be informed immediately and in a comprehensible form to him, of his rights and the reasons for his detention, and can not be compelled to testify. Detainees are guaranteed the presence and assistance of counsel in the design of police and judicial acts in the manner prescribed by law.

4. The law establishes the procedure for application of "habeas corpus" for immediate transmission to the judicial authorities of a person unlawfully detained. The law also sets the maximum period of detention.

Article 18

1. The right to honor, personal and family life and in their own name.

2. The home is inviolable. Not allowed in the home invasion or a search without permission of the owner or without the prior approval of the court, except in cases of flagrante delicto.

3. The right to privacy of correspondence, including postal, telegraph and telephone services. A limitation of this right shall be allowed only on the basis of a court decision.

4. Law borders the use of computer tools in order to fully protect the honor, family and private life of citizens and the full exercise of their rights.

Article 19

The Spaniards have the right to freely choose their place of residence and travel throughout the country. They also have the right to freely enter and leave Spain on the terms established by law. This right can not be restricted for ideological or political reasons.

Article 20

1. Recognize and protect these rights

a) freedom of expression and dissemination of views, ideas and opinions orally, in writing or by other means;
b) the technical, scientific, artistic, literary production and creativity;
c) freedom of teaching;
g) and the free flow of reliable information through any means of distribution.

To exercise this right the law regulates the right to privacy and non-disclosure of professional secrecy.

2. The exercise of these rights can not be restricted by any kind of prior censorship.

3. The law establishes the procedure for the organization and implementation of parliamentary control over the media, depending on the state or public institutions, and ensures access to the aforementioned means basic social and political groups, respecting social and linguistic pluralism in Spain.

4. The exercise of these freedoms is limited to respect for the rights set forth in this Section, the requirements of the laws of his developmental and, above all, the right to honor, privacy, your own name, and the protection of youth and childhood.

5. Confiscation of publications, recordings and other media made only on the basis of a court decision.

Article 21

1. Recognizes the right of citizens to assemble peacefully and without arms. To exercise this right without prior permission.

2. About meetings in public places and demonstrations must be pre-notified authorities that may prohibit them only if there are reasonable grounds to believe that they would entail a violation of public order-related hazards to persons and property.

Article 22

1. The right of association.

2. Associations that pursue objectives or used sredstva classified as criminal law, are illegal.

3. Organizations created under this Article shall be recorded in the Register only for the purpose of advertising.

4. Dissolution or suspension of organizations is possible only because of sound judgment.

5. Prohibits secret and paramilitary associations.

Article 23

1. Citizens have the right to participate in managing state affairs both directly and through their representatives freely elected in periodic elections based on universal suffrage.

2. The citizens have equal access to public service and public office, in compliance with the laws.

Article 24

1. Everyone has the right to an effective remedy by the judge and the court in the exercise of their lawful rights and interests, and in any case not be denied such protection.

2. Everyone also has the right to
to be heard by that judge in whose jurisdiction it falls under the law,
the protection and promotion of attorney
for information about the charge against him,
at the public hearing, carried out in a timely manner in compliance with all guarantees,
use all the evidence provided for the protection,
not to testify against himself,
not plead guilty, and
the right to the presumption of innocence.
The law defines those cases where, because of kinship or professional secrets, man is obliged to testify about the actions that can be pre-rascmotreny as illegal.

Article 25

1. No one may be convicted or punished for an act or omission which, at the time of the applicable law was not recognized as a crime, offense or misdemeanor.

2. Imprisonment and other security measures aimed at reformation and social readaptation of the convicted person; forced labor is not allowed. During the period of imprisonment, sentenced him to enjoy the basic rights enumerated in this Chapter, except as may be limited judicial sentence, the content of punishment and penal law. In any case, sentenced to imprisonment shall be entitled to paid work and to enjoy the benefits provided by social insurance, as well as access to culture and to the full development of the individual.

3. Administrative responsibility may not include sanctions that directly or indirectly lead to imprisonment.

Article 26

Prohibits courts of honor in the field of civil administration and in professional organizations.

Article 27

1. Everyone has the right to education. Recognizes the freedom of education.

2. Education is aimed at all-round development of human personality based on respect for democratic principles of public life and the fundamental rights and freedoms.

3. The public authorities guarantee the right of parents to choose for their children moral and religious education in accordance with their own convictions.

4. Basic education is compulsory and free.

5. The public authorities guarantee the right of everyone to education through overall planning of educational systems, the effective participation of all concerned sectors and the establishment of educational institutions.

6. For individuals and legal entities recognized freedom to educational institutions on the basis of respect for constitutional principles.

7. Teachers, parents, and, on occasion, students monitor and participate in the management of all educational institutions financed from the state budget in the manner prescribed by law.

8. State authorities control the educational system and establish national educational standards in order to ensure compliance with laws.

9. Public authorities support schools whose activities meet the requirements of the law for such support.

10. Recognizes the autonomy of the universities in the manner prescribed by law.

Article 28

1. Everyone has the right to freedom of association in trade unions. The law may restrict this right or make an exception to its implementation in respect of the Armed Forces, military or other agencies, subject to military discipline. The law also defines the features in the implementation of this right in respect of public servants. Freedom of trade union activity includes the right to form trade unions and join them, as well as the right of trade unions to unite and create a confederation of international trade unions and join them. No one may be compelled to join a trade union.

2. Recognizes the right of workers to strike in defense of their interests. The law governing the exercise of this right, installs the necessary guarantees to ensure the basic services of the society.

Article 29

1. All Spaniards have the right to submit individual and collective appeals in writing to the state government, in the form and purpose of the law.

2. Individuals who are registered in the Armed Forces, the military departments or institutions, subject to military discipline may exercise this right only on an individual basis and in accordance with the provisions of the legislation regulating their activities.

Part 2
On the rights and responsibilities of citizens

Article 30

1. Protection of Spain is the right and duty of the Spaniards.

2. The law defines the responsibilities of the Spanish military and regulates, subject to appropriate safeguards, the right to exemption from compulsory military service on conscientious or religious belief, as well as for other reasons, and can set its replacement by alternative civilian service.

3. Can be established alternative civilian service, aimed at fulfilling the goals that meet the interests of all.

4. The Law regulates the rights of citizens to cases of serious danger, catastrophe or public calamity.

Article 31

1. Everyone participates in the financing of public spending in line with its economic opportunities through a fair tax system based on the principles of equality and progressive taxation, which in any case shall not require the forfeiture.

2. Public expenditures are made through a fair allocation of public resources, and their planning and use must meet the criteria of efficiency and economy.

3. Imposing a tax of the private or public nature of the Crown is only possible on the basis of law.

Article 32

1. Men and women have the right to enter into marriage with full legal equality.

2. The Law regulates the form of marriage, the age and condition of entry into marriage and the rights and duties of the spouses, the reasons for the divorce and its consequences.

Article 33

1. The right to private property and inheritance.

2. The social function of these rights, restricts their content, in accordance with the laws.

3. No one shall be deprived of his property and rights to it, except for justifiable reasons related to social desirability or social interest, subject to appropriate compensation and in the manner prescribed by law.

Article 34

1. The right of establishment of charitable funds to meet the public interest, in accordance with the law.

2. The activities of charities also apply the provisions of paragraphs 2 and 4 of Article 22.

Article 35

1. All Spaniards have the duty to work and the right to work, to free choice of profession or occupation, in the promotion, as well as for wages sufficient to meet their needs and those of their families, not allowing in any case of discrimination based on sex.

2. The law regulates the rights and duties of workers.

Article 36

The law regulates the characteristics of the legal status of professional corporations and professional activities of members of these corporations. The internal structure and activities of these corporations should be based on a democratic basis.

Article 37

1. The law guarantees the right to collective labor disputes between workers' representatives and employers, as well as the legal effect of the agreements.

2. Recognizes the right of workers and employers in the labor dispute. The law governing the exercise of this right, regardless of the necessary restrictions, provides guarantees necessary for the operation of essential services to the community.

Article 38

Recognizes the freedom of entrepreneurship in a market economy. The public authorities guarantee and protect its exercise and protection of performance in accordance with the general economic requirements, including planning.