Spanish Constitution: Legal Regime of Languages Explained
The Legal Regime of Languages in the Spanish Constitution
Therefore, in the context of the explanations that fit into the Constitution, it seems appropriate to accept that we are facing a sui generis legal good, usually dual (as long as their material is capable of being detained), whose center of gravity is not in the regime of the detainer pertaining to the “thing,” but in particular for being a “property” consisting of a spiritual value devoted to collective fruition, without prejudice to other applications and utilities that are compatible with relish. And that, by entrusting the government’s mission to ensure the preservation and enrichment of cultural heritage regardless of their legal status and ownership.
Article 3: The Legal Regime of Languages
- Castilian Spanish is the official language of the state. All Spanish people have the duty to know it and the right to use it.
- The other Spanish languages are also official in the Autonomous Communities in accordance with their statutes.
- The richness of the different linguistic modalities of Spain is a cultural heritage that will be the object of special respect and protection.
1. Article 3 of the Spanish Constitution. The text of Article 3 of the Constitution was revised twice. The problem under discussion was the very name of the official state language. Addressed to the request of the Spanish Language Academy, it was “Castilian.” The purpose of this language is reflected in the second paragraph of that article and is accepting more “Spanish”, one of which is Castilian as the official state language, Spanish and other languages that are defined as officers in the respective Autonomous Communities, according to its statutes.
The current wording is immediately preceded by the 1931 Constitution, which defined Castilian as the official language of the republic, stating the duty of every Spaniard to know it and the right to use it. The recognition of the official languages is more generous in the current Constitution, since those languages are also declared official in the Spanish Communities in accordance with their Statute.
The 1978 Constitution accepts the plurality of the Spanish language and recognizes the status of official languages. Also, it considers it to be a cultural heritage that should be the object of special respect and protection. This formula was attacked by a nationalist deputy, claiming that the declaration of Castilian as the official state language implied the imposition of one language over others to be enforced in other administrative services, education, and media. Against this thesis, other MEPs stress that the fact that a language has expanded more than others is a reality inherent in the national government and is of unquestionable usefulness. The Spanish language is the lingua franca among all Spaniards, and this character cannot be attributed only to the most commonly used language.
2. Bilingualism in the Spanish Constitution. Article 3 of the Constitution consists of three sections:
- States the official language of the common Spanish (Castilian is the official state language. All Spanish people have a duty to know it and the right to use it).
- The officers of the other languages of Spain (The other Spanish languages are also official in the respective Autonomous Communities in accordance with their Statutes).
- The richness of the different linguistic modalities of Spain is a cultural heritage that will be the object of special respect and protection.
This system has been the main protection scheme in paragraphs 1 and 2, while the third contains a system of child protection for the rest of the linguistic reality of Spain.