Ten Key Aspects of the New Democratic Memory Law

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The search for missing persons from the civil war and the Franco dictatorship, and the study of possible human rights violations between 1978 and the end of 1983 are some of the keys to the new law.

Euskaraz irakurri: Memory Demokratikoaren legeko funtsezko hamar ezaugarri

The Spanish state’s commitment to the search for the missing persons from the civil war and the Franco dictatorship, and the study of possible violations of human rights between 1978 and the end of 1983, are some of the keys to the new law of Democratic Remembrance. Here are the top ten aspects of the law, which will come into effect in September:

1. The Spanish state is looking for missing persons

The law specifically states that the search for the 114,000 people who disappeared during the civil war and dictatorship will be carried out by the General State Administration, without prejudice to the powers of other government services.

To do this, the state will create a map to locate missing persons and create a state DNA bank of Civil War and dictatorship victims to compare genetic profiles in identifying remains.

2. The Franco regime is declared illegal

The law declares illegal both the Franco regime and the Franco courts, as well as the annulment of all their convictions. This annulment gives the right to obtain “a statement of acknowledgment and personal satisfaction” from the victims of the Franco regime, another novelty included in the law.

3. Prevalence of international law against the amnesty law

The new standard does not repeal the 1977 amnesty law, which made it a tool for “reconciliation and the building of an advanced democratic society”, but underlines the need to “protect the right to the truth of the victims of serious violations of human rights or international humanitarian law, as well as appropriate forms of recognition and reparation”.

4. Study of Human Rights Violations from 1978 to 1983

One of the provisions of the law is the amendment: agreed between the Spanish government, EH Bildu and Más País to set up a commission to study the human rights violations between 1978 and the end of 1983 against people who fought “for the consolidation of democracy” and to identify “possible means of recognition and reparation”.

5. A Prosecutor in Court Will Investigate Human Rights Violations

The law provides for the creation of a Chamber Prosecutor to investigate violations of international law and human rights during the coup, the civil war and the Franco dictatorship.

6. Definition of Victim

The law considers victims to be those people who have suffered physical, moral or psychological harm, material damage or violation of fundamental rights from the coup d’état of July 18, 1936 until the entry into force of the 1978 Constitution.

7. The Valley of the Fallen Will Be Called Cuelgamuros Valley

The law envisages the creation of a state inventory of places of democratic memory, including the current Valle de los Caídos, which will be renamed Valle de Cuelgamuros and will disclose the conditions of its construction and its significance “in order to preserve the constitutional and democratic values “.

8. Guaranteed access to public information in the archives

The law guarantees the right of free, free and universal access to public and private records on all events that occurred between the 1936 coup and the transition to the entry into force of the 1978 Constitution.

9. Educational Content Update

In order to spread the knowledge of Spanish democratic history and memory and “the struggle for democratic values ​​and freedoms”, the law establishes the update of the curriculum content for ESO, FP and Baccalaureate to address the “repression that took place during the war and the dictatorship”.

10. Repression of nobility during the war and the dictatorship

Finally, the law abolishes a total of 33 titles of nobility and grandeur awarded to Spain between 1948 and 1978, including the Duke of Primo de Rivera, Duke of Calvo Sotelo and Duke of Mola.

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Source: EITB

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