Privado, expression of freedom, pilar of the social and democratic state of right

Abstract

The article explores the role of the "private sphere" as a fundamental expression of individual and collective freedom, highlighting its constitutional importance within the social and democratic rule of law. Drawing from a landmark decision by the Spanish Constitutional Court on the right to education, the author argues that fundamental rights—especially those concerning freedom—are intrinsically linked to the private sphere. The analysis reveals that the "private" does not conflict with the "public" but depends on it for its protection, promotion, and legal assurance. The paper emphasizes the importance of pluralism, private initiative, and the principle of subsidiarity, showing that the realization of fundamental rights requires recognition of the social and public value of the private.