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Spanish Constitution 2023
Spanish Constitution 2023
Article 1.2
- We will establish a State of Autonomies where different administrative branches of the
political system are nationally or regionally administered. This system will promote
efficiency and allow different laws to adequately match the needs of different regions
while also providing unity and cohesion for other branches of administration such as
health care and education.
- The competences are as follows: Health (national), Education (national), Defense
(national), Immigration (national), Justice (regional and national), Economy
(national), Taxation (regional and national)
Article 1.3
- We will establish a secular state with complete separation between church and state.
Despite this separation, individuals will have the freedom to express their religious
beliefs in public, for example, by wearing a veil. However, public institutions such as
schools will not have the ability to promote a specific religious ideology but should allow
every individual their freedom to express their religious beliefs freely.
Article 2.2
- To be elected as the Head of State, our constitution has requirements that state that this
person has to fall within a set of categories and qualifications that we have come up with.
The person running for this position has to be a citizen of the nation between the ages 35
and 74 years of age. This person has had to live in or has been a citizen of the country for
at least 10 years. To qualify to be the head of state, this person also must have worked in
a field of government as well as attaining a college degree before in his or her lifetime.
The last thing to qualify as head of state is the person being elected must never have had
any violent or corrupt crimes on his or her record like a felony for example. Lastly, the
head of state can serve for no more than 2 terms, each term being 4 years.
Article 3.2
- Our Constitution established a universal suffrage, where everyone can vote with the
minimum requirement that they should be 18 years old and have Spanish citizenship.
- Besides, it is also established that everyone can vote regardless of whether they are a
criminal or not, because felons shouldn’t be disenfranchised because of inequity in who is
in charge. And there are also the cases where those people might have wrongful
convictions.
Article 3.3
- Our Constitution established that to become a member of the parliament should satisfy
certain requirements. Some of them are:
- Minimum age: Between 30 and 35 years old.
- Have the Spanish citizenship.
- Not having competing interests.
- Meet the eligibility requirements of the post (education, experience, etc…)
- Be registered in the electoral registration system.
- It is compulsory to anyone who is in the government to have a secondary job, and have
worked at least 5 years in another job before serving in the post. This is to prevent some
officials from staying too long in their seats due to not having another job. They should
not be in the office for life, so after their term they should go back to their previous job.
- The Parliament should be also elected by a variety of bodies (see 1.2).
Article 4.1
- Everyone has the right to life and to physical and moral integrity, and may under no
circumstances be subjected to torture or to inhuman or degrading punishment or
treatment. The death penalty is hereby abolished, except as provided by military criminal
law in times of war.
- The provision of aid in dying, better known as euthanasia, will be legal as a procedure by
which you will be provided, directly or indirectly, with the necessary medicines to cause
your death.
- The minimum requirements are: be of legal age, capable and aware at the time of the
request, have Spanish nationality or legal residence in Spain or a certificate that proves a
time spent in Spanish territory of more than twelve months, have in writing the
information that exists about your medical process, the different alternatives and
possibilities of action, including that of accessing palliative care and the benefits to which
you are entitled according to the dependency care regulations, suffering from a serious
and incurable disease or a serious, chronic and disabling condition, causing intolerable
suffering, provide informed consent prior to receiving aid in dying, in the case of people
in a situation of de facto incapacity, the provision of assistance in dying can only be
facilitated if it has been previously signed in a prior instruction document or legally
recognized equivalent document. In the case of having appointed a representative in that
document, it will be the valid interlocutor for the responsible doctor.
- Health professionals directly related to aid in dying have the right to declare themselves
conscientious objectors. In this case, your doctor will inform you and put you in contact
with another non-objecting doctor.
- You have the right to withdraw and not continue with your request for aid in dying at any
time during the procedure. You must inform your responsible doctor and the procedure
will be suspended.
- It must be a long and thorough process.
Article 4.2
- Each parent will have 16 weeks (compulsory for the first 6 weeks after birth). Extendable
by 2 weeks (one week for each parent) for each child from the second birth, adoption or
multiple births, or up to 18 weeks when the child has a disability. Extendable if the
new-born baby is hospitalized (maximum 13 weeks).
- There will be a consideration of two more optional weeks for the woman because of the
physical effort and recovery.
Article 4.3
- Freedom of expression
- All citizens have the right to freely express and disseminate thoughts, ideas
- and opinions through words, in writing or by any other means of communication;
- Citizens are allowed to express their political beliefs as long as danger is not
promoted or incited
- They may be allowed to burn a flag, however, as soon as violence is on the
horizon it must be stopped.
- The exercise of these rights may not be restricted by any form of prior censorship.
- These freedoms are limited by respect for the rights recognised in this Title, by
the legal provisions implementing it, and especially by the right to honour, to
privacy, to personal reputation and to the protection of youth and childhood.
Article 4.4
- The entire wealth of the country in its different forms, irrespective of its ownership, is
subordinate to the general interest.
- Free enterprise is recognised within the framework of a market economy. The public
authorities shall guarantee and protect its exercise and the safeguarding of productivity in
accordance with the demands of the economy in general and, as the case may be, of its
planning.
- Free market will be recognised, notwithstanding the need of assistance for people who
cannot afford to be in the free market.
- Public initiative in economic activity is recognised. Essential resources or services may
be restricted by law to the public sector, especially in the case of monopolies. Likewise,
intervention in companies may be decided upon when the public interest so demands.
- This intervention will be restricted to preventing inflation to extreme degree, ascertaining
the competitive markets, to be named.
Article 4.5
- Citizens will not have the right to bear arms, only law enforcement officers who use it to
promote safety should have access to a gun. As a result, we will establish a restrictive gun
ownership.
AMENDMENTS TO THE SPANISH LEGAL SYSTEM:
- We will not legalize the death penalty in any case as we believe this is inhumane. Instead,
we will allow for life in prison without parole for the most severe criminal offenses.
Some examples of where one will be subject to life in prison without parole include serial
murders, terrorist attacks, child abuse resulting in death, human trafficking, and serial
rape. Aside from these charges, those in prison will have the opportunity to shorten their
sentence through exhibiting good behavior and moral progress.