The principle of equality is one of the fundamental ones of the Spanish legal system and is recognized as a higher value of it by the Spanish Constitution. Freedom and equality are real and effective and to facilitate the participation of all citizens in political, economic, cultural and social life. Human dignity, the inviolable and inherent rights of human beings, the free development of the personality, respect for the law and for the rights of others are considered fundamental to public order and social peace.

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The principle of equality is one of the fundamental ones of the Spanish legal system and is recognized as a higher value of it by the Spanish Constitution. Freedom and equality are real and effective and to facilitate the participation of all citizens in political, economic, cultural and social life. Human dignity, the inviolable and inherent rights of human beings, the free development of the personality, respect for the law and for the rights of others are considered fundamental to public order and social peace. Article 10.2 establishes that all principles relating to the fundamental rights and freedoms recognised by the Constitution will be interpreted in conformity with the Universal Declaration of Human Rights and the international treaties and agreements ratified by Spain, whereas Article 53.1 provides that the exercise of these rights and freedoms is regulated by law but, in no circumstances, may the law interfere with their essential content.

Whereas the principle of equality is clearly established for Spaniards, Article 13.1 states that "Aliens shall enjoy in Spain the public freedoms guaranteed by this Title, under the terms established by treaties and the law." There have been numerous controversies and interpretations about the meaning of the expression "the terms established by treaties and the law" and the Spanish Constitutional Court has handed down some important decisions with regard to the rights of aliens. As a consequence of a literal interpretation of the Constitution ("All Spaniards have the right ...,) in Judgement 107/84, 23 November, the Court established that there are three categories of rights: Constitutional rights which are recognised for all, rights accorded to aliens which are derived from Spanish laws and treaties and rights from which aliens are excluded. Among these is also freedom of movement and residence (Art. 19).

In the sphere of fundamental rights Spain has ratified a number of international treaties and agreements and there are some international standards which, once ratified, form part of internal legislation (for instance the European legislation). Spanish Civil Code, Article 27 establishes that in Spain aliens enjoy the same civil rights as Spaniards, with the exception of provisions contained in specific laws and treaties. The Spanish Penal Code has several articles about discrimination and offences relating to the exercise of fundamental rights, public freedoms and crimes of genocide. Article 22.4 stipulates that there is aggravating circumstance of criminal responsibility if, "the offence is committed for reasons which are racist, anti-Semitic, or [based on] another sort of discrimination concerning the ideology, religion or beliefs, ethnic origin, race or nationality of the victim, as well as his or her sex or sexual orientation or any illness or disability from which he or she suffers". Article 510.1: "Those who incite discrimination, hatred or violence against groups or organisations for racist, anti-Semitic or other motives relating to religion or beliefs ..." shall be punishable. Article 510.2: "Those who disseminate material which is offensive to groups or organisations in relation to their ideology, religion or beliefs, the race, ethnic origin or nationality of their members ..." shall be punishable. Article 511.1: "Any official of the public services who refuses a person a benefit to which he or she has a right, because of his or her ideology, religion or beliefs, race, ethnic origin or nationality ..." shall be punishable. Article 512: "Those who, in the exercise of their professional activities as employers, refuse a benefit to which he or she has a right, because of his or her ideology, religion or beliefs, race, ethnic origin or nationality ..." shall be punishable. Article 515: Organisations which "incite discrimination, hatred or violence against persons, groups or organisations because of their ideology, religion or beliefs, the race, ethnic origin or nationality of their members or some of their members" shall be deemed unlawful. In the Organic Law 8/2000, 22 December (on the rights and freedoms of aliens in Spain and their social integration) Chapter 1 Art. 3.1 establishes the principle of equal treatment between Spaniards and aliens in the enjoyment of the rights and freedoms recognised in the Title I of the Constitution, in itself and in other laws which regulate the enjoyment of these rights. Aliens, who exercise the rights recognised by this law, do so under conditions of equality with Spaniards.

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.

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