Spanish Charter Analysis: Franco Era Rights & Restrictions
Text 26: The Charter of the Spanish
1. Classification
This selection comprises articles from the Charter of the Spanish, enacted by Franco at the Pardo Palace on July 7, 1945. This date marked the third anniversary of the Courts’ establishment and the ninth anniversary of the “glorious national uprising.” This primary historical source is a legal and political document, offering insight into the state’s fundamental principles. It’s an official public document intended for all Spaniards.
2. Historical Context
Historically, this charter falls within the Franco regime (1939-1975), specifically during its most totalitarian phase (1939-1959). This period was marked by the regime’s international isolation, severe domestic hardships including shortages and a black market (autarky), and sustained repression against Republican supporters. The Franco regime, established during the 1936-39 Civil War, was a personal dictatorship mirroring fascist regimes in Germany and Italy. Its ideological foundations were deeply anti-liberal. The regime adopted symbols and language from the Falange Española, founded by José Antonio Primo de Rivera in 1933, blended with traditionalist elements. Another key aspect was the national-Catholic vision, portraying Franco as divinely chosen to save Spain. The regime was militaristic, constantly referencing the Civil War and its victory. The army played a crucial role, reflecting the authoritarian nature of the state. It was also a police state with a vast apparatus to suppress dissent. The regime was centralist, abolishing Republican legislation. Like other fascist regimes, it was totalitarian, controlling all aspects of social, economic, and cultural life, and mandating individual participation in state institutions.
3. Analysis and Commentary
These articles outline the rights, duties, and freedoms of the Spanish people. The selected fragment can be divided into two parts: Title I (Articles 1, 2, 6, and 10) addresses the rights and duties of Spaniards, while Title II (Article 28) focuses on the exercise and guarantee of these rights. The text presents rights typically found in constitutions but subordinates them to the regime’s interests. It acknowledges freedom of expression, the inviolability of the home, freedom of association, and private property, but each right is restricted if it contradicts the dictatorship’s interests. Citizens’ natural rights are limited for the “common good.” Franco believed inalienable human rights must serve the nation’s destiny. The passage reflects the dictatorship’s three pillars: national Catholicism, national syndicalism, and national patriotism.
National Catholicism defends Catholic religion and morality as fundamental state principles (Article 6), allowing the Church to impose its standards on Spanish society. National syndicalism incorporates fascist ideological elements into Spain’s political and social reality. Article 10 outlines political participation through corporations: family, municipality, and union, opposing direct involvement by political parties and liberal democracy. National patriotism emphasizes Spanish unity against autonomist or separatist claims, subordinating individual rights to national unity (Article 2). The state also ensures citizens’ dignity, integrity, and freedom (Article 1), and establishes the family as a pillar of social order (Article 22), viewed through a traditional Catholic lens with indissoluble marriage and large families. While declaring rights, the charter simultaneously limits them. These rights could be suspended or partially revoked by government decree without parliamentary involvement.
4. Conclusion
The Franco regime lasted nearly forty years, supported by the financial oligarchy and landowners who regained political power and class hegemony. Urban and rural populations in central regions initially provided mass support. The Falange, the Church, and the army were the regime’s pillars. The Church legitimized the regime, gaining privileges in society, education, and public morals. The armed forces’ loyalty was crucial for political survival. The regime’s longevity, based on absolute control of propaganda and education, was only challenged in its final years.