Religious and Ideological Freedom in Spain
Religious and Ideological Freedom in the Spanish Constitution
Although freedoms are differentiated, the Constitution provides for them jointly in Article 16. While religious freedom has a long history in classical constitutionalism, ideological freedom represents an innovation in the Spanish Constitution. Both freedoms may be regarded as a generic manifestation of freedom of thought; expression also has a long historical tradition.
Defining Freedom of Thought, Ideology, and Religion
Freedom of thought can be defined as the right of everyone to freely maintain their own ideas and convictions and express them externally through their actions.
Ideological freedom can be defined as the right to hold ideas and convictions of any kind about society and the community. It includes political convictions. Religious freedom is the same right, but concerning the origin of man, the existence of a supreme being and creator of all that exists, or the meaning of the universe.
Both freedoms have two facets: the purely personal (internal to the individual) and the external projection of the same.
Limits and Exceptions to Freedom of Thought
Freedom of thought is expressed in paragraph 2 of Clause 16 of the Spanish Constitution, which states that individuals are not obligated to testify about their own ideology or beliefs to public authorities. This right is unconditional from the perspective that no one can require any person to declare his or her beliefs.
However, there are exceptions, such as conscientious objection. For example, where the defense of some general interest justifies it, public authorities may require the declaration of ideology or religion.
Interconnection with Other Freedoms
Ideological freedom is inevitably intertwined in its outward projection with freedom of expression, freedom of association, assembly, and demonstration. Its specific content occurs outside a coordinated approach involving the verbal expression of one’s beliefs.
The Role of the Government and Religious Freedom
The role of the government in relation to freedom of religion and worship stems from the proclamation of the secular character of the state, as included at the beginning of Article 16.3 of the Spanish Constitution: “No religion shall have a state character.” The Establishment Clause of the state is fundamental in a society that values freedom and political pluralism as superior values of its legal system.
The Constitution also proclaims that governments should take into account the religious beliefs of Spanish society and must maintain subsequent cooperation relations with the Catholic Church and other confessions. This constitutional obligation is supposed to serve the supreme general interest in the satisfaction of religious needs, despite the existence of citizens who do not share those beliefs.
The facilities and assistance that the State can provide to the various denominations are to be modulated on a proportional basis to their respective support within the population. It is natural that the most widespread religion receives more support (as, for example, in the case of Spain, the Catholic Church), without this being considered discriminatory.
The law defines the contents of religious freedom, guaranteed by the Constitution, as the right to freely profess chosen religious beliefs, or not to profess any; to practice and receive religious worship of one’s own confession; etc.