spanish constitutionWith its 45-year history, it experienced a specific but significant change this Thursday: the elimination of the word “decreased” This term, derogatory and unused for decades, has been the subject of a reform that has not been free from controversy, although broad consensus has eventually been reached. This is the third reform. Magna Carta since its ratification in 1978and although the demand is not new, it is the first to be realized from the social field.
Reform based on a historic demand from more than 20 years ago Hispanic Committee of Disabled Representatives (CERMI) complies with the Convention. United Nations Rights of Persons with Disabilities (2006). Although it was a one-time change, it took six years to move forward and faced opposition from Vox. “hasty way” It denounces perpetration and accuses it of glorifying gender inequality. Nevertheless, They were finally able to applaud it this Thursday from the steps of the Lower House, where the final debate took place before approval.
However, many offers came before this. constitutional reformBut technical difficulties to replace text fear different parties achieved by the “opposite” Changing the territorial structure of the state wave Polarization in the Congress of Deputies They made them uninhabitable. So far only those who have succeeded, in 1992 and 2011was interested Requirements imposed by the European Union and even with these they had no difficulty.
Professor of Constitutional Law at the University of Alicante, Manuel Alcarazpoints out that this is a specific change “Very special”. “This reform has a social function but is more symbolic than anything else, it doesn’t actually change anything, but This means greater consideration of the claim and recognition of the dignity of many people in Spain And it’s of great importance.”
Despite this, Alcaraz underlines that the following needs to be done: Addressing “wider” reforms to Magna Carta. “The most necessary issues today include the inclusion of the Valencian civil code or the removal of obstacles that affect citizens firsthand. make fundamental changes to articles that mention autonomies and that they are outdated. “There is reluctance to change the Constitution, everyone wants to be prudent in the process, but it is also a fact that this text has needed a comprehensive reform for decades.”
In the same sense, professor of Constitutional Law at the University of Alicante, Mar Esquembre, He explains that although this change is “modest,” it represents “recognition not only of people with disabilities, but also of all the family members and employees who accompany them on a daily basis.” “This is a victory for the entire community.”. Similarly, Esquembre points out that political representatives must now care for the Constitution to respond to social reality. “We’re going to have to use these mechanisms more to update, maybe that’s encouraging them.”
For José AsensiProfessor of Constitutional Law at the University of Alicante, this is “a necessary reform because a constitution can no longer consider the distinction of these features in its text, but We need more, reforms cannot remain like this. We need to continue to progress in this sense so that the Constitution develops together with the society it represents. Now they seem to have found a common path, they need to continue on that path, but Our representatives take into account that the Constitution is rigid and its amendment always requires a broad consensus, and in the current political panorama this seems difficult.“.
Polarization and fear
Reasons behind the difficulties in the reform process Constitution They are very diverse. In Spain, the historical tradition of conflict between parties and the fear that others will benefit from reform are some of the most common. “We live one strange moment of political radicalization This affects the need to resort to elements of reform that do not cause much debate and where consensus is possible. Now the problem is that there are people who are no longer interested in democracy. “We are going through a very polarized time, and the fear it creates is paralyzing everything even more.” It shows José Asensi.
For example, it is noteworthy that PP He opposed reform in the last legislature. the term “disabled” When in the constitution Government of Pedro Sánchez submitted this on his own and will now vote in favor the amendment was jointly submitted by both formations.
“There seems to be a fear of the fruits of constitutional reform being revealed, but it is a completely unfounded fear.”explains Mar Esquembre. “We have a Constitution that is extremely rigid and has a very complex mechanism that requires a very large majority to amend. This is very complicated now, especially with the current polarization. “It is not strange that such a clear consensus has been reached, but I wish this understanding could be extended to other issues that need updating.”
And that’s it “fear” This is why experts comment the most when talking about the lack of reform in Magna Carta. “There is an inexplicable fear of reforming the Constitution.”. You have to be careful, neither change it every month nor every year. But there are also reforms that are being talked about and discussed, and which will change our lives in many aspects. For example, the Constitution does not know that climate change exists because it has not been possible to introduce a substance that would prevent the effects of pollution. “Some politicians appear to have turned the Constitution into an untouchable national symbol, as if it were a flag.”
A “hard” reform system
Another important obstacle is rigidity of the reform system. The Constitution requires supermajorities in Congress and the Senate for even ordinary reforms. For changes to be made in the Draft Title, fundamental rights or the CrownA two-thirds majority is required in each parliament and must be approved in a referendum; This process is taken into account “impossible” by experts.
“Reforming the Constitution is very costly because this is a very strict text and since by its nature it contains a number of necessary principles, defined in its articles, which must be strictly observed. This is a formula that requires a lot of consensus, and all of it is necessary because A very large majority is required.Asensi explains: “It’s a reform that’s been going on for some time, Lack of equality between men and women in the text that mentions monarchy, “We must guarantee such things as are necessary.”
But that’s not the only thing that needs to be reformed, according to experts. “We need to review everything thoroughly.” the problem of territorial organization of autonomies and city councils contains the eighth title because there are outdated articles, e.g. Ways to access autonomysomething that is no longer necessary. Also, it would be good to keep it going. Reforms proposed in 2005 What has not lost its relevance and with which we need to start working.
Moreover, we find the situation in Spain “strange” when compared to other European countries where making changes to the Maga Carta is not taboo. “At some point we’ll have to sit back like they did Portugal, France or Germany that they made dozens of reforms and nothing happened to them. “For example, the Portuguese constitution is only two years older than the Spanish constitution and has been reorganized seven times so far.”
A victory that you need more of
On a historic day for disabled people in Spain, Constitution undergoes a change guided by ÇERMIAdvocating for this update for over 20 years. Elimination of the term “decreased” Article 49 reflects a commitment to a more inclusive and respectful society. Agreement between Pedro Sánchez and Alberto Núñez Feijóo in December 2023.
After the victory, groups working together disabled people They argue that good will does not end here and they want this change to be a solution. “Acceleration” in implementing policies It helps them improve their quality of life and future.
“We are very happy because this Thursday was a historic day for disabled people in this country. Thanks to this, the article is full of all these facts. UN Convention“Focusing on human rights, the social right of disability, prioritizing independent living, personal autonomy and genuine participation policies,” explains Luis Vañó, CERMI representative in Alicante. “Although reform has taken time, we are already here, it is an important step for the future and we hope it will be accompanied by the improvements in public policies we need most.”
“This represents a recognition, the term is important and It is necessary to adapt it to current timesAntonio Ruescas from COCEMFE Alicante states that there is a situation that deserves visibility, both for people with disabilities and for their entire environment. ““We cannot stay here any longer, this change needs to go hand in hand with active policies on disability, demanding compliance with standards on accessibility, employment and equality, and it would be good if these go hand in hand with this reform.”