Diversitat cultural, convivència i drets: una anàlisi en el marc de la Constitució Espanyola

In the context of the rapid transformation of Spain from a country of emigration to one of immigration, both the social and political debate and academic analysis have taken place fundamentally within the area of foreign status. There has been little debate, on the other hand, about the model of society and framework for living together that are being sought. This text proposes to offer some thoughts on the legal and constitutional parameters for the construction of an egalitarian system of inclusion that would be compatible with differences. To do this, it has twomajor sections. A first section is devoted to how the foreign status system affects the debate being proposed here, as a necessary first step, or series of preconditions, for living together. In this area, the paper analyzes the general characteristics of the regulation of foreign status and questions the grounds the Constitutional Court cited to admit the restrictions on the rights of immigrants now in effect. The second section tries to offer some guidelines for constitutional reflection to cope with the disputes that can arise in societies that are culturally diverse. More specifically, it champions the insertion of the recognition of minority rights in the constitution, proposes cultural comprehension of the mandate of material equalization contained inArticle 9.2 of the Constitution, and lastly, insists on the need to ensure spaces for dialogue and true participation of the various actors in potential cultural conflicts ​
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