El derecho a la memoria como derecho cultural del hombre en democracia

The new right to memory (ley n. 52/2007) has to be interpreted on the basis of cultural sciences and general theory of law. Memory enjoys constitutional protection through various fundamental rights and duties and international protection through several instruments, especially within Europe. They can protect an individual right to remember or forget freely in conscience, a right to recall facts to the conscience of others and an individual or collective right to be remembered or not. France, Italy, Germany and East European countries developed specific policies for collective memory, combining amnesty with active elaboration. The Spanish regulations on a declaration of repara-ción y reconocimiento personal, removal of symbols, access to archives have to be construed in a way consistent with a rule of law that includes rights to memory.