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