Constitutional Framework for Culture and Pluralism

Cultural Dimensions in the Constitutional Text

Key Areas of Cultural Regulation

• Media and Cultural Transmission

  The media, regulated under Article 149.1.27 and 20.3, serve as crucial vehicles for information and channels for the transmission of culture. While terms like "social media" and "means of expression" are often used, the constitutional text broadly encompasses press, radio, television, and all general cultural transmission media (e.g., discs, movies, books, theater). Defining precise criteria for qualifying as a "social media" outlet within this framework remains a complex task.

• Cultural Institutions: Museums, Libraries, and Conservatories

  Article 149.1.28 and Section 148.1.15 recognize museums, libraries, and music conservatories as vital cultural depository institutions. Beyond their role as tools for cultural heritage conservation, they also act as centers for the creation and transmission of culture.

• Research as Cultural Production

  Research, as outlined in Articles 44.2 and 149.1.1, refers to methodological procedures or activities focused on the production of basic cultural content, science, and technology.

Extension of Culture to Other Spheres

• Environment and Cultural Enjoyment

  Article 45.1 states, "Everyone has the right to enjoy the environment." Furthermore, Article 45.2 mandates that "The public authorities shall ensure the rational use of all natural resources..." This highlights the environmental dimension of cultural well-being.

• Leisure and Cultural Experience

  Leisure is intrinsically associated with cultural experience. Article 43.3 emphasizes this by stating, "The public authorities shall foster health education, physical education and sport..."

• Tourism as a Cultural Channel

  Tourism is recognized as a competence of the Autonomous Communities, with Article 148.1.18 referring to the "promotion and planning of tourism within its territorial" scope. This competence is justified as a significant channel for cultural experience.

Core Cultural Values in the Constitution

The constitutional text highlights several values with definite connotations and implications for culture:

• Cultural Involvement and Personality Development

  The full development of human personality is a fundamental purpose of education, which serves as the basic process for transmitting culture (Section 27.2). This is further reinforced by Section 25.2, which states that "prisoners shall in all cases have the right of access to culture and the integral development of personality." Article 45, regulating the environment, also notes that "everyone has the right to enjoy an adequate environment for the development of the individual."

• Culture as a Value for Social Integration

  In several precepts, culture appears as a value for social integration, serving as a metaphor for social health. This addresses the specific needs of certain social groups, as seen in Article 25 (in relation to prisoners), Article 48 (in relation to young people), and Article 50 (in relation to the elderly).

• Culture and Quality of Life

  The Fifth paragraph of the Preamble demonstrates a commitment to balancing economic and cultural perspectives. Article 45.2 further states, "The public authorities shall ensure the rational use of all natural resources to protect and improve the quality of life," linking environmental protection and cultural well-being to overall quality of life.

Cultures and Cultural Pluralism in the Constitution

The term "culture" is not static or literal within the Constitution. It is a word associated with people, nation, nationality, and the State, expressing diverse cultural realities.

Discussions of pluralism and cultural pluralism become essential when considering the cultural reality prioritized and covered by the Constitution's regulatory domain. The Constitution not only acknowledges a cultural reality but also protects and guarantees its existence, a concept referring to the order of events.

We understand cultural pluralism as the system of constitutional rules and principles through which public authorities are committed to the security and development of recognized cultural plurality. This concept refers to normative models, ensuring the protection and promotion of diverse cultural expressions.