«Ask not what your country can do for you. Ask what you can do for your country». Forgotten pandemic? The role that the (forgotten) fundamental duties may play in the future. The clause of Article 30.4 EC

Authors

  • Tomás Bastarreche Bengoa Universidad Autónoma de Madrid

DOI:

https://doi.org/10.18042/cepc/rep.202.06

Abstract

This paper argues the need to develop constitutional obligations for emergency situations such as pandemics and natural disasters. It highlights the importance of establishing duties of citizens to face crises in a joint and cohesive manner, instead of only limiting fundamental rights through the application of the state of exception. Some problems of the application of this particular law during the pandemic are reviewed. Subsequently, the nature of constitutional obligations is addressed, focusing on Article 30.4 of the Spanish Constitution. It is discussed whether and how obligations can conflict with rights, and whether the existence of a constitutional duty precludes opposing a right. The nature of article 30.4 and its possible scope in emergency situations is analysed. Furthermore, this nature is assimilated to the duty to defend Spain in Article 31.1 EC with the lack of possible conscientious objection in this case.

Published

2023-12-19

Issue

Section

ARTICLES