Article 10.2 of the Spanish Constitution is the key instrument for the incorporation of fundamental rights and freedoms into the Spanish constitutional system in accordance with the Universal Declaration of Human Rights and the international treaties and agreements ratified by Spain. Through the aforementioned apertus clause, the Spanish Constitutional Court carries out its jurisprudential interpretation in line with the international human rights system, guaranteeing legal certainty and the protection of rights and freedoms. In this context, the objective of this paper is to determine and examine the implications of the apertus clause, complemented by the research into the most recent jurisprudence of the Constitutional Court on the matter. Therefore, it is sought to determine how constitutional jurisprudence has interpreted and applied Art. 10.2 of the Constitution. To do so, first , the theoretical scheme will delve into the concept, role and field of application of Art.10.2. Subsequently, in a practical framework it will carry out an analysis of the most recent , and relevant jurisprudence of the Constitutional Court focusing on the jurisprudential debates on the incorporated rights and the definition of the article limits. Finally, it will be studied the incorporation of the jurisprudence in human rights issues, of the European Court of Human Rights and the Court of Justice of the European Union.
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