Index
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A
Foreigner’s Juridical Status
The Spanish Constitution of 1978 dedicates article 13 to foreigners’
rights. According to this article: 1. In Spain foreigners enjoy
public rights guaranteed by the present title in the terms established
by treaties and by law. 2. Only Spaniards will be entitled to
the rights acknowledged by article 23 (participating in the
administration of the state), except what may be established,
complying with reciprocity criteria, by treaties or laws referring
to franchise or eligibility in municipal elections. |
The Spanish
Constitutional Court has underlined three sorts of rights granted
to foreigners: rights regarding the person, which any person enjoys
regardless of nationality or citizenship (right to live, to physical
and moral integrity, to privacy, to ideological freedom, to personal
freedom and safety and to effective judiciary tutelage); rights
which do not pertain foreigners (the right to vote, except in the
case of municipal elections); rights that may or may not pertain
foreigners according to what provided for by treaties or laws.
These regulations were substituted by a new immigration law in
January 2000, which was partially modified in December the same
year. The law which is presently in force recognises foreigners
the following rights:
- the right of free circulation and residence to whoever is lawfully
present on Spanish territory;
- the right to vote in municipal elections reserved to resident
people;
- the right to gather and associate, provided they have an authorization
to stay and reside;
- the right to family reuniting, and the preservation of residency
in case the bond of marriage is broken;
- effective judiciary tutelage and the right to appeal against administrative
acts;
- in case of foreigners who do not posses sufficient economical
resources, free juridical assistance and an interpreter’s
assistance during administrative or judiciary trials regarding their
entrance, rejection or expulsion and any proceedings for requests
of asylum;
- the right to social safety;
- the right to one’s health;
- the right to social assistance;
- the right to a home.
Minors who are less than eighteen years old have the right-duty
to education according to the same conditions as the Spaniards’.
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