Régimen jurídico de la asistencia religiosa en los centros de internamiento de extranjeros en el derecho español

Resumo

T he right to receive religious assistance forms part of the essential content of freedom of conscience in accordance with the provisions of Organic Law 7/1980, of July 5, on religious freedom. The full enjoyment of this right requires the fulfillment of a promotional activity of positive sign by the public powers, consisting of the adoption of all measures that are necessary for the delivery of assistance services to all believers who are interned in public establishments and dependencies. The fulfillment of this mandate by the State is a requirement derived from state cooperation with religious communities that is an integral part of the system of state secularism established by the Spanish Constitution, which is characterized as a model of active or positive secularism in function of individual rights. These premises constitute the starting point of this work where the authors have addressed the in-depth study of the new legal keys of the right to receive spiritual assistance in the Foreigners' Detention Centers (CIES).