S p a n i s h C o n s t i t u t i o n PREAMBLE The Spanish Nation, desiring to establish justice, liberty, and security, and to promote the well-being of all its members, in the exercise of its sovereignty, proclaims its will to: Guarantee democratic coexistence within the Constitution and the laws, in accordance with a fair economic and social order . Consolidate a State of Law which ensures the rule of law as the expression of the popular will. Protect all Spaniards and peoples of Spain in the exercise of human rights, of their culture and traditions, languages and institutions. Promote the progress of culture and of the economy to ensure a dignified quality of life for all. Establish an advanced democratic society, and Cooperate in the strengthening of peaceful relations and effective cooperation among all the peoples of the earth. Therefore, the Cortes pass and the Spanish people ratifies the following C O N S T I T U T I O N Í N D I C E PRELIMINARY TITLE PART I. Fundamental Rights and Duties CHAPTER I. Spaniards and Aliens CHAPTER II. Rights and freedoms  DIVISION 1. Fundamental Rights and Public Freedoms  DIVISION 2. Rights and Duties of Citizens CHAPTER III. Principles governing Economic and Social Policy CHAPTER IV. Guarantee of Funda mental Rights and Freedoms CHAPTER V. Suspension of Rights and Freedoms PART II. The Crown PART III. The Cortes Generales CHAPTER I. Houses of Parliament CHAPTER II. Drafting of Bills CHAPTER III. International Treaties PART IV. Government and Administration PART V. Relations between the Government and the Cortes Generales PART VI. Judicial Power PART VII. Economy and Finance PART VIII. Territorial Organization of the State CHAPTER I. General Principles CHAPTER II. Local Government CHAPTER III. Self-governing Communities PART IX. The Constitutional Court PART X. Constitutional Amendment ADDITIONAL PROVISIONS TRANSITIONAL PROVISION REPEALS FINAL PROVISION PRELIMINARY TITLE Section 1 1. Spain is hereby established as a social and democratic State, subject to the rule of law, which advocates freedom, justice, equality and political pluralism as highest values of its legal system. 2. National sovereignty belongs to the Spanish people, from whom all state powers emanate. 3. The political form of the Spanish State is the Parliamentary Monarchy. Section 2 The Constitution is based on the indissoluble unity of the Spanish Nation, the common and indivisible homeland of all Spaniards; it recognizes and guarantees the right to self-government of the nationalities and regions of which it is composed and the solidarity among them all . Section 3 1. Castilian is the official Spanish language of the State. All Spaniards have the duty to know it and the right to use it . 2. The other Spanish languages shall also be official in the respective Self -governing Communities in accordance with their Statutes . 3. The richness of the different linguistic modalities of Spain is a cultural heritage which shall be specially respected and protected. Section 4 1. The flag of Spain consists of three horizontal stripes: red, yellow and red, the yellow strip being twice as wide as each red stripe. 2. The Statutes may recognize flags and ensigns of the Self-governing Communities. These shall be used together with the flag of Spain on their public buildings and in their official ceremonies . Section 5 The capital of the State is the city of Madrid . Section 6 Political parties are the expression of political pluralism, they contribute to the formation and expression of the will of the people and are an essential instrument for political participation. Their creation and the exercise of their activities are free in so far as they respect the Constitution and the law. Their internal structure and their functioning must be democratic . Section 7 Trade unions and employers associations contribute to the defence and promotion of the economic and social interests which they represent. Their creation and the exercise of their activities shall be free in so far as they respect the Constitution and the law. Their internal structure and their functioning must be democratic . Section 8 1. The mission of the Armed Forces, comprising the Army, the Navy and the Air Force, is to guarantee the sovereignty and independence of Spain and to defend its territorial integrity and the constitutional order. 2. The basic structure of military organization shall be regulated by an Organic Act in accordance with the principles of the present Constitution. Section 9 1. Citizens and public authorities are bound by the Constitution and all other legal previsions. Página 1 de 2. It is the responsibility of the public authorities to promote conditions ensuring that freedom and equality of individuals and of the groups to which they belong are real and effective, to remove the obstacles preventing or hindering their full enjoyment, and to facilitate the participation of all citizens in political, economic, cultural and social life . 3. The Constitution guarantees the principle of legality, the hierarchy of legal provisions, the publicity of legal statutes, the non -retroactivity of punitive provisions that are not favourable to or restrictive of individual rights, the certainty that the rule of law shall prevail, the accountability of public authorities, and the prohibition of arbitrary action of public authorities . PART I Fundamental Rights and Duties Section 10 1. The dignity of the person, the inviolable rights which are inherent, the free development of the personality, the respect for the law and for the rights of others are the foundation of political order and social peace. 2. Provisions relating to the fundamental rights and liberties recognized by the Constitution shall be construed in conformity with the Universal Declaration of Human Rights and international treaties and agreements thereon ratified by Spain . CHAPTER I Spaniards and Aliens Section 11 1. Spanish nationality shall be acquired, retained and lost in accordance with the provisions of the law. 2. No person of Spanish birth may be deprived of his or her nationality 3. The State may negotiate dual nationality treaties with Latin -American countries or with those which have had or which have special links with Spain. In these countries Spaniards may become naturalized without losing their nationality of origin, even if those countries do not grant a reciprocal right to their own citizens Section 12 Spaniards come legally of age at eighteen years . Section 13 Página 2 de 1. Aliens in Spain shall enjoy the public freedoms guaranteed by the present Part, under the terms to be laid down by treaties and the law. 2. Only Spaniards shall have the rights recognized in section 23, exc ept in cases which may be established by treaty or by law concerning the right to vote and the right to be elected in municipal elections, and subject to the principle of reciprocity. (This text includes the first constitutional reform adopted on 27/08/199 2; it just added the words "and the right to be elected" to the paragraph). 3. Extradition shall be granted only in compliance with a treaty or with the law, on reciprocal basis. No extradition can be granted for political crimes; but acts of terrorism shall not be regarded as such. 4. The law shall lay down the terms under which citizens from other countries and stateless persons may enjoy the right to asylum in Spain . CHAPTER II Rights and freedoms Section 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 personal or social condition or circumstance. DIVISION 1.ª Fundamental Rights and Public Freedoms Section 15 Everyone has the right to life and to physical and moral integrity, and under no circumstances may be subjected to torture or to inhuman or degrading punishment or treatment. Death penalty is hereby abolished, except as provided for by military criminal law in times of war. Section 16 1. Freedom of ideology, religion and worship of individuals and communities is guaranteed, with no other restriction on their expression than may be necessary to maintain public order as protected by law. 2. No one may be compelled to make statements regarding his or her ideology, religion or beliefs . 3. No religion shall have a state character. The public authorities shall take into account the religious beliefs of Spanish society and shall consequently maintain appropriate cooperation relations with the Catholic Church and o ther confessions Section 17 Página 3 de 1. Every person has the right to freedom and security. No one may be deprived of his or her freedom except in accordance with the provisions of this section and in the cases and in the manner provided for by the law. 2. Preventive arrest may last no longer than the time strictly necessary in order to carry out the investigations aimed at establishing the events; 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. Every person arrested must be informed immediately, and in a way understandable to him or her, of his or her rights and of the grounds for his or her arrest, and may not be compelled to make a statement. The arrested person shall be guaranteed the assistance of a lawyer during police and judicial proceedings, under the terms to be laid down by the law. 4. An habeas corpus procedure shall be provided for by law in order to ensure the immediate handing over to the judicial authorities of any person illegally arrested. Likewise, the maximum period of provisional imprisonment shall be determined by law. Section 18 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 . Section 19 Spaniards have the right to freely choose their place of residence, an d to freely move about within the national territory . . Likewise, they have the right to freely enter and leave Spain subject to the conditions to be laid down by the law. This right may not be restricted for political or ideological reasons Section 20 1. The following rights are recognized and protected: a) The right to freely express and spread thoughts, ideas and opinions through words, in writing or by any other means of reproduction. b) The right to literary, artistic, scientific and technical production and creation. c) The right to academic freedom. d) The right to freely communicate or receive truthful information by any means of dissemination whatsoever. The law shall regulate the right to the clause of conscience and professional secrecy in the exercise o f these freedoms . 2. The exercise of these rights may not be restricted by any form of prior censorship . 3. The law shall regulate the organization and parliamentary control of the masscommunication means under the control of the State or any public agency and shall guarantee access to such means by the significant social and political groups, respecting the pluralism of society and of the various languages of Spain . 4. These freedoms are limited by respect for the rights recognized in this Part, by the legal provis ions implementing it, and especially by the right to honour, to privacy, to the own image and to the protection of youth and childhood. 5. The seizure of publications, recordings and other means of information may only be carried out by means of a court order. Section 21 Página 4 de 1. The right to peaceful unarmed assembly is granted. The exercise of this right shall not require prior authorization. 2. In the case of meetings in public places and of demonstrations, prior notification shall be given to the authorities, who can only forbid them when there are well founded grounds to expect a breach of public order, involving danger to persons or property. Section 22 1. The right of association is granted. 2. Associations which pursue ends or use means legally defined as criminal offences are illegal. 3. Associations set up on the basis of this section must be entered in a register for the sole purpose of public knowledge. 4. Associations may only be dissolved or have their activities suspended by virtue of a court order stating the reas ons for it . 5. Secret and paramilitary associations are prohibited. Section 23 1. Citizens have the right to participate in public affairs, directly or through representatives freely elected in periodic elections by universal suffrage. 2. They also have the rig ht to accede under conditions of equality to public functions and positions, in accordance with the requirements laid down by the law. Section 24 1. All persons have the right to obtain effective protection from the judges and the courts in the exercise of their rights and legitimate interests, and in no case may there be a lack of defense. 2. Likewise, all have the right to the ordinary judge predetermined by law; to defense and assistance by a lawyer; to be informed of the charges brought against them; to a public trial without undue delays and with full guarantees; to the use of evidence appropriate to their defense; not to make self -incriminating statements; not to plead themselves guilty; and to be presumed innocent. The law shall specify the cases in whic h, for reasons of family relationship or professional secrecy, it shall not be compulsory to make statements regarding allegedly criminal offences . Section 25 1. No one may be convicted or sentenced for actions or omissions which when committed did not constitute a criminal offence, misdemeanour or administrative offence under the law then in force. 2. Les penes privatives de llibertat i les mesures de seguretat restaran orientades vers la reeducació i la reinserció social i no podran consistir en treballs fo rçats. El condemnat que estigués complint pena de presó gaudirà dels drets fonamentals d'aquest Capítol, llevat d'aquells que es trobin limitats expressament pel contingut del veredicte condemnatori, pel sentit de la pena i per la llei penitenciària. En qualsevol cas, tindrà dret a un treball remunerat, als beneficis corresponents de la Seguretat Social, i a l'accés a la cultura i al desenvolupament integral de la personalitat. 3. The Civil Administration may not impose penalties which directly of indirectly imply deprivation of freedom. Section 26 Courts of Honour are prohibited within the framework of the Civil Administration and of professional organizations. Section 27 Página 5 de 1. Everyone has the right to education. Freedom of teaching is recognized. 2. Education shall aim at the full development of human personality with due respect for the democratic principles of coexistence and for basic rights and freedoms . 3. The public authorities guarantee the right of parents to ensure that their children receive religious and moral instruction in accordance with their own convictions. 4. Elementary education is compulsory and free. 5. The public authorities guarantee the right of all to education, through general education programming, with the effective participation of all sectors concerned and the setting-up of educational centres . 6. The right of individuals and legal entities to set up educational centres is recognized, provided they respect constitutional principles . 7. Teachers, parents and, when appropriate, pupils shall part icipate in the control and management of all centres supported by the Administration out of public funds, under the terms established by the lawi. 8. The public authorities shall inspect and standardize the educational system in order to ensure compliance wit h the laws . 9. The public authorities shall help the educational centres which meet the requirements established by the law. 10. The autonomy of Universities is recognized, under the terms established by the law. Section 28 1. All have the right to freely join a trade union. The law may restrict or except the exercise of this right in the Armed Forces or Institutes or other bodies subject to military discipline, and shall lay down the special conditions of its exercise by civil servants. Trade union freedom includes the right to set up trade unions and to join the union of one's choice, as well as the right of trade unions to form confederations and to found international trade union organizations, or to become members thereof. No one may be compelled to join a t rade union. 2. The right of workers to strike in defence of their interests is recognized. The law governing the exercise of this right shall establish the safeguards necessary to ensure the maintenance of essential public services . Section 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 laid down by law. 2. Members of the Armed Forces or Institutes or bodies subject to military discipline may only exercise this right individually and in accordance with statutory provisions relating to them. DIVISION 2.ª Rights and Duties of Citizens Section 30 1. Citizens have the right and the duty to defend Spain . 2. The law shall determine the military obligations of Spaniards an d shall regulate, with all due guarantees, conscientious objection as well as other grounds for exemption from compulsory military service; it may also, when appropriate, impose a community service in place of military service. 3. A civilian service may be established with a view to accomplishing objectives of general interest. 4. The duties of citizens in the event of serious risk, catastrophe or public calamity may be regulated by law. Section 31 Página 6 de 1. Everyone shall contribute to sustain public expenditure according to their economic capacity, through a fair tax system based on the principles of equality and progressive taxation, which in no case shall be of a confiscatory scope. 2. Public expenditure shall make an equitable allocation of public resources, and its programming and execution shall comply with criteria of efficiency and economy . 3. Personal or property contributions for public purposes may only be imposed in accordance with the law. Section 32 1. Man and woman have the right to marry with full legal equality. 2. The law shall make provision for the forms of marriage, the age and capacity for concluding it, the rights and duties of the spouses, the grounds for separation and dissolution, and their effects . Section 33 1. The right to private property and inheritance is recognized. 2. The social function of these rights shall determine the limits of their content in accordance with the law. 3. No one may be deprived of his or her property and rights, except on justified grounds of public utility or social interest and with a proper compensation in accordance with the law. Section 34 1. The right to set up foundations for purposes of general interest is recognized in accordance with the law. 2. The provisions of subsections 2 and 4 of section 22 shall also be applicable to foundations . Section 35 1. All Spaniards have the duty to work and the right to work, to the free choice of profession or trade, to advancement through work, and to a sufficient remuneration for the satisfaction of their needs and those of their familie s. Under no circumstances may they be discriminated on account of their sex. 2. The law shall regulate a Workers' Statute. Section 36 The law shall regulate the pecularities of the legal status of Professional Associations and the exercise of degree profe ssions. The internal structure and the functioning of Associations must be democratic . Section 37 1. The law shall guarantee the right to collective labour bargaining between workers and employers' representatives, as well as the binding force of the agreements . 2. The right of workers and employers to adopt collective labour dispute measures is hereby recognized. The law regulating the exercise of this right shall, without prejudice to the restrictions which it may impose, include the guarantees necessary to ensure the functioning of essential public services . Section 38 Free enterprise is recognized within the framework of a market economy. The public authorities guarantee and protect its exercise and the safeguarding of productivity in accordance with the demands of the general economy and, as the case may be, of economic planning. CHAPTER III Principles governing Economic and Social Policy Section 39 Página 7 de