Culture in the Spanish Constitution: An Analysis
Culture in the Spanish Constitution
Introduction:
The Spanish Constitution addresses culture not as a single, general concept, but in relation to specific contexts, often juxtaposed with the notion of ethnicity. This is evident in several articles:
Preamble, Fifth Paragraph: “Promote the progress of culture and economy to ensure a dignified quality of life.”
Section 9.2: “Facilitate the participation of all citizens in political, economic, cultural, and social life.”
Article 25: (Regarding those sentenced to prison) “…shall be entitled to paid work and benefits for social security, and access to culture and development of his personality.”
Article 48: “The public authorities shall promote conditions for free and effective participation of youth in the political, social, economic, and cultural spheres.”
Article 50: (Regarding senior citizens) “…promote their welfare through a system of social services that address your specific health problems, housing, culture, and leisure.”
Polysemy of Culture in the Constitution
Hypothesis: The term ‘culture’ is used polysemically, with two main notions:
- Qualitative: Referring to ethnic or collective culture, both general and specific.
- Quantitative: Varying in scope within the Constitution, sometimes broad and sometimes narrow.
The quantitative variation of the term ‘culture’ can be seen in Articles 44.1, 148.1.17, and 149.2.
Excursus on the Meaning of ‘Ethnic Culture’: While the general notion of culture is clear, the concept of ‘ethnic culture’ requires further examination.
Various terms refer to collective cultural manifestations, such as “national culture,” “minority culture,” or “indigenous culture.” However, these terms often lack the abstraction needed to encompass the full range of cultural events.
The adjective “ethnic” is preferred to denote common conditions and origins, a concept rooted in anthropology and ethnology.
“Ethnicity” is defined as a community sharing values and often biologically self-perpetuating.
The term “ethnic” has expanded beyond its anthropological origins to describe distinctive ways of being and symbolic communication within human communities. According to Azkin, the term indicates features that distinguish a group from others, defining a people. The dictionary defines ethnicity as a population group sharing a culture, a dynamic sociocultural category.
Two key points:
- “Ethnicity” is now a more neutral and less pejorative term.
- The term “ethnic cultures” is used in UNESCO documents.
b) Scope and Limits of the Concept of Culture in the EC
The State and Common Culture in Spanish Art. 149.2 CE
Article 149.2 of the Spanish Constitution refers to the State’s role in culture: “The State shall consider culture as a duty and an essential function and shall facilitate cultural communication among the Autonomous Communities according to them.” This article is notable for its emphatic and imperative nature, aiming to ensure the coexistence of all peoples of Spain.