DEMOCRATIC MEMORIA LEY

"The LEY OF DEMOCRATIC IMORIA is the subject of the recognition of those who suffered persecution or violence, for political, ideological, thought or opinion reasons, of religious conscience or belief, of sexual orientation and identity, during the period between the coup d & apos; état of 18 July 1936, the Spanish War and the Franco Dictatorship until the promulgation of the Spanish Constitution of 1978, as well as to promote their moral reparation and the recovery of their personal, family and collective memory, to take complementary measures aimed at eliminating elements of division between citizenship and promoting ties of union around constitutional values and rights." (BOE, 2022)

The Democratic Memory Act aims to recognize and repair the victims of Franco and to promote historical memory in the country. There may be cases in which foreign people affected by the Franco dictatorship can take advantage of some of its aspects to obtain Spanish nationality.

You can obtain Spanish nationality through this law in the following cases:

Those born outside Spain to a father or mother, grandfather or grandmother, who had originally been Spanish, and who, as a result of having suffered exile for political, ideological or sexual reasons, had lost or renounced Spanish nationality.

Children born abroad of Spanish women who lost their nationality by marrying foreigners before the entry into force of the 1978 Constitution.

The older sons and daughters of those Spaniards who were granted their nationality of origin by virtue of the right of choice in accordance with the provisions of this Law or the Seventh Decree of Law 52 / 2007 of 26 December 2007.

In addition, the Law on Democratic Memory recognizes foreign victims of the Civil War and the Franco dictatorship, including those who were persecuted and repressed for political or ideological reasons. On the other hand, the Register of Victims of the Civil War and the Franco dictatorship has been created, which allows people to access information about their history and to recognize their ancestors who were victims of the repression. This register is available to all, regardless of their nationality.

The Democratic Memory Act also provides for measures of reparation and recognition for the victims of exile, including the thousands of Spaniards who were forced to leave the country during the Civil War and the Franco dictatorship. These measures include the creation of a programme of assistance for the descendants of the exiles and the creation of a map of the places of memory abroad that remember the history of Spanish exile.

If any of the above cases require legal advice, do not hesitate to contact us.