Constitutional reform on conscientious objection

an approximation of the Spanish Constitution to the Charter of Fundamental Rights of the European Union

Abstract

The article examines the need for a constitutional reform in Spain to explicitly include the right to conscientious objection within Article 16.1 of the Constitution, alongside ideological, religious, and worship freedoms. It critiques the current regulation of conscientious objection to military service, which is considered an autonomous but not fundamental right, and its disconnection from the broader framework of fundamental rights. Through a comparative analysis with the Charter of Fundamental Rights of the European Union, the text argues that greater constitutional clarity and protection for conscientious objection would reinforce the values of a democratic and secular state. It also proposes eliminating Article 30.2 of the Constitution, which regulates compulsory military service, in line with contemporary social and military transformations.