When the territory becomes unjust: Depopulation and rights in Spain

Abstract

Objectives: This paper provides an initial analysis of the concept of depopulation in Spain from a legal perspective, evaluating how this territorial reality affects the effective exercise of rights recognized in the Spanish Constitution of 1978. Methodology: The present study adopts a legal-dogmatic and hermeneutic methodology, focused on the analysis of scientific doctrine and constitutional jurisprudence, complemented with a descriptive quantitative empirical study based on official data from the National Institute of Statistics, in order to objectively contextualize the phenomenon under analysis. Results: Depopulation violates rights such as the free development of personality (art. 10 CE), equality (art. 14 CE), access to information (art. 20 CE), education (art. 27 CE), protection of the family (art. 39 CE), and the environment (art. 45 CE), among others. This territorial exclusion generates structural inequalities, weakens full citizenship, and jeopardizes the social and democratic rule of law. Conclusions: A specific and effective legal framework is necessary to address depopulation. Coordinated action between the State and Autonomous Communities is advocated to ensure territorial equality, strengthen essential public services, and develop structural policies that respect the constitutional mandates of cohesion, equity, and sustainability.