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Fragment
of the Jurisdiction of the Spaniards |
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Jurisdiction
of the Spaniards.
FRANCISCO FRANCO BAHAMONDE, Commander from Spain, Boss
of the State and Generalissimo of the Armies of the Nation:
Since the Spanish Cortes, as superior organ of participation
of the town in the tasks of the State, according to the
Law of their creation, they have elaborated the Jurisdiction
of the Spaniards, text fundamental definer of the rights
and duties of the same ones and amparador of their guarantees;
and keeping in mind, the same as it happens in the Jurisdiction
of the Work that their lines teachers credit the permanent
value of the ideario that inspires them and great number
of their declarations and precepts constitute a faithful
advance of the social-Catholic doctrine, recently on a
day for the Council Vatican II and finally, given the
modification introduced in their article 6 for the Organic
Law of the State, approved previous referendum of the
Nation, to the effects of adapting their text to the Declaration
to Reconcile about the religious, promulgated freedom
December of the year 1 1965 that it demands the explicit
recognition of this right, in consonance, also, with the
second of the Fundamental Principles of the Movement,
according to which the Doctrine of the Church will inspire
our legislation:
I come in preparing the following thing:
Unique article. It is approved, with the character of
Law fundamental reguladora of their rights and duties,
the Jurisdiction of the Spaniards that next is inserted:
I TITLE PRELIMINARY
Article 1.º The Spanish State proclaims like principle
rector of its acts the respect to the dignity, the integrity
and the human person's freedom, recognizing the man, as
soon as payee of eternal values and member of a national
community, regular of duties and rights whose exercise
guarantees in order to the very common one.
I TITLE FIRST
DUTIES AND RIGHTS OF THE SPANIARDS
First chapter
Art. 2.º The Spaniards owe faithful service to the
Homeland, loyalty to the Boss of the State and obedience
to the laws.
Art. 3.º The Law aids the right of all the Spaniards
equally, without preference of classes neither people's
meaning.
Art. 4.º The Spaniards are entitled to the respect
of their personal and family honor. Who insults it, anyone
that was their condition, will incur in responsibility.
Art. 5.º All the Spaniards are entitled to receive
education and instruction and the duty from acquiring
them, well in the breast of their family or in private
or public centers, to their free election. The State will
veil so that no talent fails for lack of economic means.
Art. 6.º The profession and practice of the Catholic
Religion that it is that of the Spanish State, will enjoy
the official protection.
The State will assume the protection of the religious
freedom that will be guaranteed by an effective one it
guides artificial that, at the same time, safeguard the
morals and the public order.
Art. 7.º Constitute title of honor for the Spaniards
serving to the Homeland with the weapons.
All the Spaniards are forced to lend this service when
they are called with arrangement to the Law.
Art. 8.º by means of laws, and always with general
character, they will be been able to impose the personal
benefits that demand the interest of the Nation and the
public necessities.
Art. 9.º The Spaniards will contribute to the maintenance
of the public loads according to their economic capacity.
Nobody will be forced to pay tributes that have not been
established with arrangement to law voted in Cortes.
Art. 10. All the Spaniards are entitled to participate
in the public functions of representative character, through
the family, the municipality and the union, without damage
of other representations that the laws settle down.
Art. 11. All the Spaniards will be able to carry out positions
and public functions according to their merit and capacity.
Art. 12. All Spanish will be able to express its ideas
freely while they don't attempt to the fundamental principles
of the State.
Art. 13. Inside the national territory, the State guarantees
the freedom and the secret of the correspondence.
Art. 14. The Spaniards are entitled to fix their residence
freely inside the national territory.
Art. 15. Nobody will be able to enter in the home of a
Spanish neither to make registrations in him without their
consent, unless with command of the competent Authority
and in the cases and in the form that you/they establish
the Laws.
Art. 16. The Spaniards will be able to meet and to associate
freely for licit ends and in accordance with that settled
down by the laws.
The State will be able to create and to maintain the organizations
that it estimates necessary for the execution of its ends.
The norms fundacionales that will have law form, will
coordinate the exercise of this right with the grateful
one in the previous paragraph.
Art. 17. The Spaniards are entitled to the artificial
security. All the organs of the State will act according
to a hierarchical order of preset norms that arbitrarily
won't be able to be interpreted neither altered.
Art. 18. No Spanish will be able to be stopped but in
the cases and in the form that you/they prescribe the
Laws.
In the term of seventy two hours, all detainee will be
put in freedom or surrendered to the judicial Authority.
Art. 19. Nobody will be able to be condemned but by virtue
of Law previous to the crime, by means of sentence of
Tribunal competent and previous audience and defense of
the interested one.
Art. 20. No Spanish will be able to be deprived of its
nationality but for betrayal crime, defined in the penal
Laws, or to enter to the service of the weapons or to
exercise position public in foreign country against the
expressed prohibition of the Boss of the State.
Art. 21. The Spaniards will be able to direct petitions
individually to the Boss of the State, to the Cortes and
the Authorities.
The Corporations, public officials and members of the
Forces and armed Institutes will only be able to exercise
this agreement right with the dispositions for that you/they
are governed.
Chapter II
Art. 22. The State recognizes and it aids to the family
like natural institution and I base of the society, with
rights and previous duties and superiors to all positive
human law.
The marriage will be one and indissoluble.
The State will protect especially to the numerous families.
Art. 23. The parents are forced to feed, to educate and
to instruct their children. The State will suspend the
exercise of the native imperium or it will deprive from
her to those that don't exercise it worthily, and it will
transfer the guard and education of the minor to who it
corresponds for Law.
Chapter III
Art. 24. All the Spaniards are entitled to the work and
the duty of being in charge of in some socially useful
activity.
Art. 25. The work, for their essentially human condition,
it cannot be relegated to the material concept of merchandise,
neither to be transaction object some incompatible one
with the personal dignity of the one that the ready thing.
It constitutes for yes attribute of honor and enough title
to demand guide and attendance of the State.
Art. 26. The State recognizes in the Company a community
of contributions of the technique, the manpower and the
capital in its diverse forms, and it proclaims, for consequence,
the right of these elements to participate in the benefits.
The State will take care that the relationships among
them stay inside the strictest justness and in a hierarchy
that subordinates the economic values to those of human
category, to the interest of the Nation and the demands
of the very common one.
Art. 27. All the workers will be aided by the State in
their right to a fair and enough retribution, at least,
to provide them and their families the well-being that
allows them a moral life and he/she deigns.
Art. 28. The Spanish State guarantees the workers the
help security in the distress and it recognizes them the
right to the attendance in the cases of age, death, illness,
maternity, accidents of the work, disability, unemployment
mandatory and other risks that you/they can be Public
Health object.
Art. 29. The State will maintain institutions of attendance
and it will aid and it will propel those created by the
Church, the Corporations and the matters.
Art 30. The private property as half natural for the execution
of the individual, family and social ends, it is recognized
and aided by the State.
All the forms of property are subordinate to the necessities
of the Nation and the very common one.
The wealth won't be able to remain inactive, to be destroyed
unduly neither applied to illicit ends.
Art. 31. The State will facilitate all the Spaniards the
access to the intimately bound forms of property to the
human person: family home, estate, useful of work and
goods of daily use.
Art. 32. In any case the pain of confiscation of goods
will be imposed.
Nobody will be able to be condemned but by reason of public
utility or social, previous interest the corresponding
compensation and of conformity with that prepared in the
Laws.
I TITLE II
DE THE EXERCISE AND GUARANTEE OF THE RIGHTS
Art. 33. The exercise of the rights that you/they are
recognized in this Jurisdiction won't be able to attempt
to the spiritual, national and social unit of Spain.
Art. 34. The Cortes will vote the necessary Laws for the
exercise of the rights recognized in this Jurisdiction.
Art. 35. The validity of the articles twelve, thirteen,
fourteen, fifteen, sixteen and eighteen will be able to
be temporarily suspended for the total Government or partially
by means of Ordinance law that taxativamente determines
the reach and duration of the measure.
Art. 36. All violation that you cometiere against anyone
of the rights proclaimed in this Jurisdiction will be
sanctioned by the Laws, which will determine the actions
that it stops its defense and guarantee will be able to
be used before the jurisdictions in each competent case.
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