The meaning and scope of article 16 of the Spanish Constitution: fourty years of religious freedom and non-establishment of religion

Abstract

Abstract:
In this paper the author conducts an overview of the relations between Church and State in Spain and how they have evolved since the promulgation of the 1978 Constitution; to this regard, special consideration is given to the fact that the relations between the Catholic Church and the State were already predetermined by the existence of certain agreements that were elaborated even before the Constitution came into force, a fact that has had significant consequences in the development of this particular field of law. Further consideration is also given to the current legal status of religious freedom in Spain and to the legal position of religious organizations in this country, including some remarks focused on the content of the current agreements signed by the State with some of the so called minority religious denominations.