Constitutional Rights and Economic Freedoms in Spain

Constitutional Rights: Continued Areas

Educational and Petition Rights

• Right to Education: The state provides free and compulsory education for all citizens.
• Right of Petition: Every individual has the right to collective management and to submit demands as deemed appropriate, with no constitutional limits except for the armed forces.

Economic and Legal Sphere

• Right to Property and Inheritance (Art. 33): Property rights have limitations; assets may be expropriated in exchange for fair compensation.
• Freedom of Enterprise (Art. 38): Recognition of an economic model where the state, the market, and the third sector interact. Businesses are not solely for private benefit but must operate within a regulated market.

Labor and Professional Rights

• Right to Work (Art. 35): A complex right that functions as both a right and a duty. Article 14 prohibits discrimination in the workplace, further regulated by the Workers' Statute.
• Right to Strike (Art. 28.2): An achievement of the labor movement. While primarily against employers, strikes can also be political. Students in secondary education (ESO) are also granted this right under the LOE. Minimum services are established by decree when strikes affect the public.
• Freedom of Association (Art. 28.1): The right to unionize. Certain officials, such as judges, prosecutors, and members of the armed forces, face limitations on this freedom.

Foundations and Assets

Right to Establish Foundations: Assets intended for a specific purpose can be created inter vivos (during one's lifetime) or mortis causa (via a will or testament).