Social security provisions in the Constitution of Spain

Country: Spain
Year: 2011

Relevant articles:

Chapter 3: Principles governing Economic and Social Policy

  • Section 39

(1) The public authorities ensure social, economic and legal protection of the family.

(2) The public authorities likewise ensure full protection of children, who are equal before the law, regardless of their parentage, and of mothers, whatever their marital status. The law shall provide for the possibility of the investigation of paternity.

(3) Parents must provide their children, whether born within or outside wedlock, with assistance of every kind while they are still under age and in other circumstances in which the law so establishes.

(4) Children shall enjoy the protection provided for in the international agreements safeguarding their rights.

  •  Section 41

The public authorities shall maintain a public Social Security system for all citizens guaranteeing adequate social assistance and benefits in situations of hardship, especially in case of unemployment. Supplementary assistance and benefits shall be optional.

  • Section 43

(1) The right to health protection is recognized.

  • Section 49

The public authorities shall carry out a policy of preventive care, treatment, rehabilitation and integration of the physically, sensorially and mentally handicapped by giving them the specialized care they require, and affording them special protection for the enjoyment of the rights granted by this Part to all citizens.

  • Section 50

The public authorities shall guarantee, through adequate and periodically updated pensions, a sufficient income for citizens in old age. Likewise, and without prejudice to the obligations of the families, they shall promote their welfare through a system of social services that provides for their specific problems of health, housing, culture and leisure.

Link to compendium “The right to Social Security in European Constitutions: Compendium of provisions of European Constitutions related to the right to social security”

Link to Spanish constitution (English and Spanish)

Link to national study

Social Protection and Human Rights