Rejetee Par Referendum: the people of Chile, made up of...
Toussainnfreedom Says...
Rejetee Par Referendum:
the people of Chile, made up of various nations, freely grant ourselves this Constitution, agreed in a participatory, parity and democratic process.
CHAPTER I. PRINCIPLES AND GENERAL PROVISIONS
Article 1
Chile is a social and democratic State based on the rule of law. It is plurinational, intercultural, regional and ecological.
It is constituted as a solidary republic.
Its democracy is inclusive and equal.
It recognizes as intrinsic and inalienable values the dignity, freedom, substantive equality of human beings and their indissoluble relationship with nature.
The protection and guarantee of individual and collective human rights are the foundation of the State and guide all its activity.
It is the duty of the State to generate the necessary conditions and provide the goods and services to ensure the equal enjoyment of rights and the integration of people into political, economic, social and cultural life for their full development.
Article 2
Sovereignty resides in the people of Chile, made up of various nations.
It is exercised democratically, in a direct and representative manner, recognizing as a limit human rights as an attribute that derives from human dignity.
No individual or sector of the people can claim responsibility for its exercise.
Article 3
Chile, in its geographical, natural, historical and cultural diversity, forms a single and indivisible territory.
Article 4
People are born and remain free, interdependent and equal in dignity and rights.
Article 5
Chile recognizes the coexistence of diverse peoples and nations within the framework of the unity of the State.
Pre-existing indigenous peoples and nations are the Mapuche, Aymara, Rapanui, Lickanantay, Quechua, Colla, Diaguita, Chango, Kawésqar, Yagán, Selk'nam and others who can be recognized in the manner established by statute.
It is the duty of the State to respect, promote, protect and guarantee the exercise of self-determination, the collective and individual rights of which they are incumbents and their effective participation in the exercise and distribution of power, incorporating their political representation in organs of popular election at the communal, regional and national levels, as well as in the structure of the State, its organs and institutions.
Article 6
The State promotes a society where women, men, diversities and sexual and gender dissidents participate in conditions of substantive equality, recognizing that their effective representation is a principle and minimum condition for the full and substantive exercise of democracy and citizenship.
All the collegiate bodies of the State, the constitutionally autonomous, the superiors and directors of the Administration, as well as the boards of directors of State owned or semi-State owned companies, must have an equal composition that ensures that at least fifty percent of its members are women.
The State shall promote equal integration in its other institutions and in all public and private spaces and shall adopt measures for the representation of persons of diverse gender through the mechanisms established by the law.
The branches and organs of the State shall adopt the necessary measures to adapt and promote legislation, institutions, regulatory frameworks and the provision of services, in order to achieve gender equality and parity.
They must mainstream the gender approach in their institutional design, fiscal and budgetary policy and in the exercise of their functions.
Article 7
Chile is made up of autonomous territorial entities and special territories, within a framework of equity and solidarity, preserving the unity and integrity of the State.
The State shall promote cooperation, harmonious integration and adequate and fair development among the various territorial entities.
Article 8
People and peoples are interdependent with nature and form with it an inseparable whole.
The State recognizes and promotes the good living as a relationship of harmonious balance between people, nature and the organization of society.
Article 9
The State is secular.
Freedom of religion and spiritual belief is respected and guaranteed in Chile.
No religion or belief is official, notwithstanding to its recognition and free exercise, which has no limitation other than the provisions of this Constitution and the law.
Article 10
The State recognizes and protects families in their various forms, expressions and ways of life, without restricting them to exclusively filitive or consanguineous ties, and guarantees them a dignified life.
Article 11
The State recognizes and promotes intercultural, horizontal and transversal dialogue between the various worldviews of the peoples and nations that live together in the country, with mutual dignity and respect.
The exercise of public functions must guarantee institutional mechanisms and the promotion of public policies that favor the recognition and understanding of ethnic and cultural diversity, overcoming existing asymmetries in access, distribution and exercise of power, as well as in all areas of life in society.
Article 12
The State is multilingual.
Its official language is Spanish.
Indigenous languages are official in their territories and in areas of high population density of each indigenous people and nation.
The State promotes their knowledge, revitalization, appreciation and respect.
Chilean sign language is recognized as a natural and official language of deaf people, as well as their linguistic rights in all areas of social life.
Article 13
The national emblems of Chile are the flag, the coat of arms and the national anthem.
The State recognizes the symbols and emblems of indigenous peoples and nations.
Article 14
Chile's international relations, as an expression of its sovereignty, are based on respect for international law and the principles of self-determination of peoples, non- intervention in matters that are within the internal jurisdiction of States, multilateralism, solidarity, cooperation, political autonomy and legal equality among States.
Likewise, it is committed to the promotion and respect of democracy, the recognition and protection of human rights, inclusion, gender equality, social justice, respect for nature, peace, coexistence and the peaceful solution of conflicts and the recognition, respect and promotion of the rights of indigenous and tribal peoples and nations in accordance with international human rights law.
Chile declares Latin America and the Caribbean as a priority area in its international relations.
It is committed to maintaining the region as a zone of peace and free of violence; it promotes regional, political, social, cultural, economic and productive integration among States, and facilitates cross-border contact and cooperation among indigenous peoples.
Article 15
The rights and obligations set out in the international human rights treaties ratified and in force in Chile, the general principles of international human rights law and customary international law of the same matter form an integral part of this Constitution and enjoy constitutional status.
The State must prevent, investigate, punish and make full reparation for human rights violations.
Article 16
The State is founded on the principle of constitutional supremacy and respect for human rights.
The provisions of this Constitution bind every person, group, authority or institution.
The organs of the State and their holders and members act after regular investiture and submit their actions to the Constitution and the norms dictated in accordance with it, within the limits and powers established by them.
No judiciary, person or group of persons, civilian or military, may be attributed any authority, power or rights other than those expressly granted upon them by virtue of the Constitution and the laws, even on the pretext of extraordinary circumstances.
Any act in contravention of this article is null and void and will give rise to the responsibilities and sanctions that the law indicates.
The action for annulment shall be exercised within the periods and conditions established by this Constitution and the law.
CHAPTER II. FUNDAMENTAL RIGHTS AND GUARANTEES
Article 17
Fundamental rights are inherent in the human person, universal, inalienable, indivisible and interdependent.
The full exercise of these rights is essential for the dignified life of individuals and peoples, democracy, peace and the balance of nature.
Article 18
Individuals are holders of fundamental rights.
Rights may be exercised and enforced individually or collectively.
Indigenous peoples and nations are holders of collective fundamental rights.
Nature is the holder of the rights recognized in this Constitution that are applicable to it.
Article 19
The State must respect, promote, protect and guarantee the full exercise and satisfaction of fundamental rights, without discrimination, as well as adopt the necessary measures to eliminate all obstacles that hinder their realization.
For their protection, individuals enjoy effective, timely, relevant and universal guarantees.
Every person, institution, association or group shall respect fundamental rights, in accordance with the Constitution and the law.
Article 20
The State must take all necessary measures to progressively achieve the full satisfaction of fundamental rights.
None of them may have a regressive character that unjustifiably diminishes, impairs or prevents their exercise.
The financing of State benefits linked to the exercise of fundamental rights will tend to progressivity.
Article 21
Everyone has the right to life and personal integrity.
This includes physical, psychosocial, sexual and affective integrity.
No person may be sentenced to death or executed, subjected to torture, or cruel, inhuman or degrading Article 17 treatment or punishment.
Article 22
No person shall be subjected to enforced disappearance.
Every victim has the right to be sought and the State shall have all the necessary means to do so.
Article 23
No person residing in Chile who meets the requirements of this Constitution and the laws may be banished, exiled, relegated or subjected to forced displacement.
Article 24
Victims and the community have the right to clear out and knowledge of the truth regarding serious human rights violations, especially when they constitute crimes against humanity, war crimes, genocide or territorial dispossession.
Enforced disappearance, torture and other cruel, inhuman or degrading treatment or punishment, war crimes, crimes against humanity, genocide and the crime of aggression are imprescriptible and non-amnesty.
It is the obligations of the State to prevent, investigate, punish and prevent impunity.
Such crimes must be investigated ex officio, with due diligence, seriousness, speed, independence and impartiality.
The investigation of these facts shall not be subject to any impediment.
Victims of human rights violations have the right to full reparation.
The State guarantees the right to memory and its relationship with the guarantees of non-repetition and the rights to truth, justice and integral reparation.
It is the duty of the State to preserve memory and guarantee access to archives and documents, in their different supports and contents.
Memorial and memorial sites are subject to special protection and their preservation and sustainability are ensured.
Article 25
Everyone has the right to equality, which includes substantive equality, equality before the law and non-discrimination.
It is the duty of the State to ensure equal treatment and opportunities.
In Chile there is no privileged person or group.
Any form of slavery is prohibited.
The State guarantees all individuals substantive equality, as a guarantee of the recognition, enjoyment and exercise of fundamental rights, with full respect for diversity, social inclusion and integration.
The State ensures gender equality for women, girls, diversities and sexual and gender dissidents, both in the public and private spheres.
Any form of discrimination is prohibited, in particular when it is based on one or more grounds such as nationality or statelessness, age, sex, sexual characteristics, sexual or affective orientation, gender identity and expression, bodily diversity, religion or belief, race, membership of an indigenous or tribal people and nation, political or other opinions, social class, rurality, migratory or refugee status, disability, mental or physical health condition, marital status, filiation or social status, and any other that has the purpose or result of nullifying or impairing human dignity, the enjoyment and exercise of rights.
The State shall take all necessary measures, including reasonable accommodation, to correct and overcome the disadvantage or subjugation of a person or group.
The law shall determine the measures for the prevention, prohibition, punishment and reparation of all forms of discrimination, in the public and private spheres, as well as the mechanisms to guarantee substantive equality.
The State should give special consideration to cases in which more than one category, condition or motive converges in respect of one person.
Article 26
Children and adolescents are holders of the rights established in this Constitution and in the international human rights treaties ratified and in force in Chile.
The State has the priority duty to promote, respect and guarantee the rights of children and adolescents, safeguarding their best interests, their progressive autonomy, their integral development and their right to be heard and to participate and influence all matters that affect them, to the extent that corresponds to their level of development in family, community and social life.
Children and adolescents have the right to live in family and environmental conditions that allow the full and harmonious development of their personhood.
The State must ensure that they are not separated from their families except as a temporary measure and last resort in the protection of their best interests, in which case a family foster care will be prioritized over residential and must adopt the measures that are necessary to ensure their well-being and safeguard the exercise of their rights.
They also have the right to protection from all forms of violence, ill-treatment, abuse, exploitation, harassment, and neglect.
Eradication of violence against children is of the highest priority for the State and to this end it will design strategies and actions to address situations that imply an impairment of their personal integrity, whether the violence comes from families, the State or third parties.
The law shall establish a system of comprehensive protection of guarantees of the rights of children and adolescents, through which it shall establish specific responsibilities of the powers and organs of the State, their duty of intersectoral and coordinated work to ensure the prevention of violence against them and the promotion and effective protection of their rights.
The State shall ensure through this 12 system that, in the event of a threat or violation of rights, there are mechanisms for their restitution, punishment and reparation.
Article 27
All women, girls, adolescent girls and people of sexual and gender diversity and dissent have the right to a life free of gender-based violence in all its manifestations, both in the public and private spheres whether it comes from individuals, institutions or officers of the State.
The State shall adopt the necessary measures to eradicate all types of gender-based violence and the socio-cultural patterns that enable it, acting with due diligence to prevent, investigate and punish it, as well as provide comprehensive care, protection and reparation to the victims, especially considering vulnerability situations of in which they may be found.
Article 28
Persons with disabilities are holders of the rights established in this Constitution and in the international human rights treaties ratified and in force in Chile.
Every person with a disability has the right to the enjoyment and exercise of his or her legal capacity, with support and safeguards, as appropriate; to universal accessibility; to social inclusion; to labor insertion; and to political, economic, social and cultural participation.
The law shall establish a national system through which policies and programs aimed at meeting their needs for work, education, housing, health and care shall be developed, coordinated and implemented.
The law shall ensure that the development, implementation and monitoring of such policies and programs involve the active and binding participation of persons with disabilities and their representative organizations.
The law shall determine the means necessary to identify and remove physical, social, cultural, attitudinal, communication and other barriers to facilitate the exercise of their rights by persons with disabilities.
The State guarantees the linguistic rights and cultural identities of persons with disabilities, including the right to express themselves and communicate through their languages and access to alternative mechanisms, means and forms of communication.
It also guarantees the linguistic autonomy of deaf people in all areas of life.
Article 29
The State recognizes neurodiversity and guarantees neurodivergent persons their right to an autonomous life, to freely develop their personality and identity, to exercise their legal capacity and the rights recognized in this Constitution and international human rights treaties and instruments ratified and in force in Chile.
Article 30
Any person subjected to any form of deprivation of liberty may not suffer limitations of rights other than those strictly necessary for the execution of the sentence.
The State must ensure dignified treatment with full respect for their human rights and those of their visits.
Women and pregnant persons have the right, before, during and after childbirth, to 13 access the health services they require, breastfeeding and the direct and permanent link with their daughter or son, taking into account the best interests of children and adolescents.
No person deprived of liberty may be subjected to torture or other cruel, inhuman or degrading treatment or forced labor.
Likewise, she may not be subjected to isolation or incommunicado detention as a disciplinary sanction.
Article 31
Persons deprived of their liberty have the right to petition the prison's authority and the court of execution of the sentence for the protection of their rights and to receive a timely response.
Likewise, they have the right to maintain personal, direct and periodic communication and contact with their support networks and always with the people in charge of their legal advice.
Article 32
Every person deprived of liberty has the right to social insertion and integration.
It is the duty of the State to guarantee a penitentiary system geared towards this end.
The State shall create bodies which, with civil and technical personnel, shall guarantee the insertion and integration of persons deprived of liberty in penitentiary and post-penitentiary detention.
The security and administration of these enclosures will be regulated by statute.
Article 33
Elder persons are holders of the rights established in this Constitution and in the international human rights treaties ratified and in force in Chile.
They also have the right to age with dignity; to obtain sufficient social security benefits for a dignified life; to accessibility to the physical, social, economic, cultural and digital environment; political and social participation; a life free from abuse on grounds of age; autonomy and independence and the full exercise of their legal capacity with the appropriate support and safeguards.
Article 34
Indigenous peoples and nations and their members, by virtue of their self- determination, have the right to the full exercise of their collective and individual rights.
In particular, they have the right to autonomy; self-government; to their own culture; identity and worldview; heritage; to the language; the recognition and protection of their lands, territories and resources, in their material and immaterial dimension and the special bond they maintain with them; cooperation and integration; the recognition of their institutions, jurisdictions and authorities, their own or traditional; and to fully participate, if they so wish, in the political, economic, social and cultural life of the State.
Article 35
Everyone has the right to education.
Education is a primary and inescapable duty of the State.
Education is a process of lifelong learning and lifelong learning, indispensable for the exercise of other rights and for scientific and technological activity, economic and cultural of the country.
Its aims are the construction of the common good, social justice, respect for human rights and nature, ecological awareness, democratic coexistence among peoples, the prevention of violence and discrimination, as well as the acquisition of knowledge, critical thinking, creative capacity and the integral development of people, considering their cognitive, physical, social and emotional dimensions.
Education is governed by the principles of cooperation, non-discrimination, inclusion, justice, participation, solidarity, interculturality, gender approach, pluralism and the other principles enshrined in this Constitution.
It has a non-sexist character and is developed in a contextualized way, considering the territorial, cultural and linguistic relevance.
Education is oriented towards quality, understood as the fulfillment of its aims and principles.
The law shall establish the way in which these aims, and principles shall be materialized, under conditions of equity, in educational institutions and in educational processes.
Education is universally accessible at all levels and compulsory from basic level to secondary education inclusive.
Article 36
The National Education System is composed of pre-school, basic, middle and higher education establishments and institutions, created or recognized by the State.
It is articulated under the principle of collaboration and has as its center the learning experience of the students.
The State carries out tasks of coordination, regulation, improvement and supervision of the System.
The law shall determine the requirements for the official recognition of these establishments and institutions.
The establishments and institutions that make it up are subject to the common regime established by statute, are of a democratic nature, may not discriminate in their access, are governed by the purposes and principles of this right and are prohibited from all forms of profit.
The National Education System promotes the diversity of artistic, ecological, cultural and philosophical knowledge that coexists in the country.
The Constitution recognizes the autonomy of indigenous peoples and nations to develop their own establishments and institutions in accordance with their customs and culture, respecting the aims and principles of education, and within the frameworks of the National System of Education.
Education established by statute.
The State will provide additional opportunities and support to persons with disabilities and at risk of exclusion.
Public education is the strategic axis of the National Education System; its expansion and strengthening is a primary duty of the State, for which it will articulate, manage and finance a Public Education System of a secular and free nature, composed of state establishments and institutions of all levels and educational modalities.
The State must finance this System in a permanent, direct, pertinent and sufficient way through basal contributions, in order to fully and equitably comply with the aims and principles of education.
Article 37
The Higher Education System shall consist of universities, professional institutes, technical training centers, academies created or recognized by the State and training schools for the police and the Armed Forces.
These institutions will consider communal, regional and national needs.
They are forbidden all forms of profit.
Higher education institutions have a mission to teach, produce and socialize knowledge.
The Constitution protects academic freedom, research and the free discussion of the ideas of academics of universities created or recognized by the State.
The higher education institutions of the State are part of the Public Education System, and their financing will be subject to the provisions of this Constitution and must guarantee the full fulfillment of their functions of teaching, research and collaboration with society.
In each region there shall be at least one state university and one state higher level vocational technical training institution.
These will relate in a coordinated and preferential manner with territorial entities and public services with a regional presence, according to local needs.
The State shall ensure access to higher education for all persons who meet the requirements established by statute.
The entry, permanence and promotion of those who study in higher education will be governed by the principles of equity and inclusion, with particular attention to historically excluded groups and of special protection, prohibiting any type of discrimination.
Higher education studies leading to initial academic degrees and degrees shall be free of charge in public and private institutions determined by law.
Article 38
It is the duty of the State to promote the right to continuing education through multiple training opportunities, inside and outside the National System of Education, promoting various spaces of development and integral learning for all people.
Article 39
The State guarantees an environmental education that strengthens the preservation, conservation and care required with respect to the environment and nature, and that allows to form ecological awareness.
Article 40
Everyone has the right to receive comprehensive sexuality education, which promotes the full and free enjoyment of sexuality; sex-affective responsibility; autonomy, self- care and consent; recognition of diverse gender and sexuality identities and expressions; eradicating gender stereotypes; and preventing gender-based and sexual violence.
Article 41
Freedom of education is guaranteed and it is the duty of the State to respect it.
This includes the freedom of mothers, fathers, minor guardians, tutors and legal caretakers to choose the type of education of the persons in their charge, respecting the best interests and the progressive autonomy of children and adolescents.
Teachers and educators are holders of academic freedom in the exercise of their functions, within the framework of the aims and principles of education.
Article 42
Those who make up the educational communities have the right to participate in the definitions of the educational project and in the decisions of each establishment, as well as in the design, implementation and evaluation of local and national educational policy.
The law shall specify the conditions, bodies and procedures that ensure their binding participation.
Article 43
The Constitution recognizes the fundamental role of teachers, values and encourages the contribution of educators, educators, education assistants and traditional educators.
As a whole, they are key agents for guaranteeing the right to education.
The State guarantees the development of the pedagogical and educational work of those who work in establishments and institutions that receive public funds.
This guarantee includes initial and continuing training, its exercise reflective and collaborative and pedagogical research, in coherence with the principles and purposes of education.
It also protects stability in the exercise of their functions by ensuring optimal working conditions and safeguarding their professional autonomy.
Workers in pre-school, basic and secondary education who work in establishments that receive resources from the State shall enjoy the same rights as provided for by law.
Article 44
Everyone has the right to health and integral well-being, including their physical and mental dimensions.
Indigenous peoples and nations have the right to their own traditional medicines, to maintain their health practices and to conserve the natural components that sustain them.
The State must provide the necessary conditions to achieve the highest possible level of health, considering in all its decisions the impact of social and environmental determinants on the health of the population.
The State is exclusively responsible for the function of directing the health system, including the regulation, supervision and supervision of public and private institutions.
The National Health System is universal, public and integrated.
It is governed by the principles of equity, solidarity, interculturality, territorial relevance, de- concentration, effectiveness, quality, opportunity, gender focus, progressivity and non-discrimination.
It also recognizes, protects and integrates the practices and knowledge of indigenous peoples and nations, as well as those who impart them, in accordance with this Constitution and the law.
The National Health System may be composed of public and private providers.
The law will determine the requirements and procedures for private providers to integrate into this System.
It is the duty of the State to ensure the strengthening and development of public health institutions.
The National Health System is financed through the general income of the nation.
In addition, the law may establish mandatory contributions to employers, employers, and workers with the sole purpose of contributing jointly and severally to the financing of this system.
The law shall determine the public body responsible for administering all the funds of this system.
The National Health System incorporates actions of promotion, prevention, diagnosis, treatment, habilitation, rehabilitation and inclusion.
Primary care forms the basis of this system and the participation of communities in health policies and the conditions for their effective exercise is promoted.
The State will generate mental health policies and programs aimed at care and prevention with a community approach and will progressively increase their funding.
Article 45
Everyone has the right to social security, based on the principles of universality, solidarity, integrality, unity, equality, sufficiency, participation, sustainability and opportunity.
The law shall establish a public social security system, which provides protection in case of illness, old age, disability, survival, maternity and paternity, unemployment, accidents at work and occupational diseases, and in other social contingencies of lack or decrease.
of means of subsistence or capacity for work. In particular, it shall ensure the coverage of benefits for those engaged in domestic and care work.
The State defines social security policy.
This will be financed by workers, employers and employers, through compulsory contributions and general income of the nation.
The resources from which social security is financed may not be used for purposes other than the payment of benefits established by the system.
Trade union and employers' organizations have the right to participate in the management of the social security system, in the ways prescribed by statute.
Article 46
Everyone has the right to work and to his or her free choice.
The State guarantees decent labor and its protection.
This includes the right to fair working conditions, to health and safety at work, to rest, to the enjoyment of free time, to digital disconnection, to the guarantee of indemnity and to full respect for fundamental rights in the context of work.
Workers have the right to equitable, fair and sufficient remuneration to ensure their livelihood and that of their families.
In addition, they are entitled to equal pay for work of equal value.
Any employment discrimination, arbitrary dismissal and any distinction that is not based on work skills or personal suitability is prohibited.
The State will generate public policies that make it possible to reconcile work, family and community life and care labor.
The State guarantees respect for the reproductive rights of workers, eliminating risks that affect reproductive health and safeguarding the rights of maternity and paternity.
In rural and agricultural areas, the State guarantees fair and dignified conditions in seasonal work, safeguarding the exercise of labor and social security rights.
The social function of labor is recognized.
An autonomous body must supervise and ensure the effective protection of workers and trade union organizations.
All forms of job insecurity, as well as forced, humiliating or degrading labor, are prohibited.
Article 47
Workers in both the public and private sectors have the right to freedom of association.
This includes the right to organize, collective bargaining and strike.
Trade union organizations are exclusive holders of the right to collective bargaining, as the sole representatives of workers before the employer (s).
The right to organize includes the power to set up trade union organizations which they deem appropriate, at any level, of a national and international character, to join and disaffiliate from them, to give themselves their own regulations, to set out their own aims and to achieve their activity without the intervention of third parties.
Trade union organizations enjoy legal personhood by the mere fact of registering their statutes in the manner set forth by law.
The right to collective bargaining is guaranteed.
It is up to the workers to choose the level at which such negotiation will take place, including branch, sectoral and territorial negotiation.
The only limitations on matters subject to negotiation shall be those concerning the inalienable minimums set by statute in favor of workers.
The Constitution guarantees the right to strike of workers and trade union organizations.
Trade union organizations will decide the scope of interests that will be defended through it, which cannot be limited by law.
The law may not prohibit the strike.
It may only limit it exceptionally in order to meet essential services whose paralysis may affect the life, health or safety of the population.
Those who are members of the Police and the Armed Forces may not unionize or exercise the right to strike.
Article 48
Workers, through their trade union organizations, have the right to participate in the decisions of the company.
The law shall regulate the mechanisms by which this right shall be exercised.
Article 49
The State recognizes that domestic and care work are socially necessary and indispensable for the sustainability of life and the development of society.
They constitute an economic activity that contributes to national accounts and must be considered in the formulation and execution of public policies.
The State promotes social and gender co-responsibility and will implement mechanisms for the redistribution of domestic and care work, ensuring that they do not represent a disadvantage for those who exercise it.
Article 50
Everyone has the right to care. This includes the right to care, to be cared for and to care for oneself from birth to death.
The State undertakes to provide the means to ensure that care is dignified and carried out under conditions of equality and co- responsibility.
The State guarantees this right through a Comprehensive System of Care, norms and public policies that promote personal autonomy and that incorporate human rights, gender and intersectional approaches.
The System has a state, equal, solidary and universal character, with cultural relevance.
Its financing will be progressive, sufficient and permanent.
This System will pay special attention to infants, children and adolescents, the elderly, people with disabilities, people in situations of dependency and people with serious or terminal illnesses.
It will also ensure the protection of the rights of those who carry out care work.
Article 51
Everyone has the right to decent and adequate housing, which allows the free development of a personal, family and community life.
The State shall take the necessary measures to ensure its universal and timely enjoyment, including at least the habitability, sufficient space and equipment, domestic and community, for the production and reproduction of life, the availability of services, affordability, accessibility, appropriate location, security of tenure and cultural relevance of housing, in accordance with the law.
The State may participate in the design, construction, rehabilitation, conservation and innovation of housing.
It will consider in particular in the design of housing policies people with low economic incomes or belonging to special protection groups.
The State guarantees the creation of shelter in cases of gender-based violence and other forms of violation of rights, as determined by statute.
The State guarantees the availability of the land necessary for the provision of decent and adequate housing.
It administers an Integrated System of Public Lands with powers of prioritization of use, management and disposition of fiscal land for purposes of social interest, and acquisition of private land, in accordance with the law. It will also establish mechanisms to prevent speculation on land and housing that undermines the public interest, in accordance with the law.
Article 52
The right to the city and the territory is a collective right oriented to the common good and is based on the full exercise of human rights in the territory, on its democratic management and on the social and ecological function of property.
By virtue of this, everyone has the right to inhabit, produce, enjoy and participate in cities and human settlements free of violence and in conditions appropriate for a dignified life.
It is the duty of the State to order, plan and manage territories, cities and human settlements; as well as establishing rules for land use and transformation, in accordance with the general interest, territorial equity, sustainability and universal accessibility.
The State guarantees protection and equitable access to basic services, goods and public spaces; safe and sustainable mobility; connectivity and road safety.
It also promotes socio-spatial integration and participates in the surplus value generated by its urban or regulatory action.
The State guarantees the participation of the community in the processes of territorial planning and housing policies.
It also promotes and supports community habitat management.
Article 53
Right to live in safe and violence-free environments.
It is the duty of the State to protect in an equitable manner the exercise of this right to all persons, through a policy of prevention of violence and crime that will consider especially the material, environmental, social and community strengthening of territories.
The actions of prevention, prosecution and punishment of crimes, as well as the social reintegration of convicted persons, will be developed by the public bodies that indicate this Constitution and the law, in a coordinated manner and with unrestricted respect for human rights.
Article 54
It is the duty of the State to ensure food sovereignty and security.
To this end, it will promote the production, distribution and consumption of food that guarantees the right to healthy and adequate food, fair trade and ecologically responsible food systems.
The State promotes ecologically sustainable agricultural production.
It recognizes, encourages and supports peasant and indigenous agriculture, harvesting and artisanal fishing, as fundamental activities for food production.
In the same way, it promotes the culinary and gastronomic heritage of the country.
Article 55
The State guarantees the right of peasants and indigenous peoples and nations to the free use and exchange of traditional seeds.
Article 56
Everyone has the right to adequate, healthy, sufficient, nutritionally complete and culturally relevant food. This right includes the guarantee of special food for those who require it for health reasons.
The State continuously and permanently guarantees the availability of and access to food that satisfies this right, especially in geographically isolated areas.
Article 57
Everyone has a human right to adequate, healthy, acceptable, affordable and accessible water and sanitation.
It is the duty of the State to guarantee this for current and future generations.
The State ensures that this right is satisfied by meeting the needs of individuals in their different contexts.
Article 58
The Constitution recognizes indigenous peoples and nations the traditional use of waters located in indigenous territories or indigenous territorial autonomies.
It is the duty of the State to guarantee their protection, integrity and supply.
Article 59
Everyone has the right to a vital minimum of affordable and safe energy.
The State guarantees equitable and non-discriminatory access to energy that allows people to meet their needs, ensuring the continuity of energy services.
It also regulates and promotes a distributed, decentralized and diversified energy matrix, based on renewable energies and with low environmental impact.
Energy infrastructure is of the public interest.
The State encourages and protects cooperative energy enterprises and self- consumption.
Article 60
Everyone has the right to sports, physical activity and bodily practices.
The State guarantees its exercise in its different dimensions and disciplines, whether recreational, educational, competitive or high performance.
To achieve these objectives, differentiated policies may be considered.
The State recognizes the social function of sport, as it allows collective participation, associativity, integration and social insertion, as well as the maintenance and improvement of health.
The law will ensure the involvement of individuals and communities with the practice of sport.
Children and adolescents shall enjoy the same guarantee in educational establishments.
In the same way, it will guarantee the participation of the former in the direction of the different sports institutions.
The law shall regulate and establish the principles applicable to public or private institutions whose purpose is the management of professional sport as a social, cultural and economic activity, and must guarantee democracy and the binding participation of their organizations.
Article 61
Everyone is the holder of sexual and reproductive rights.
These include, among others, the right to decide freely, autonomously and informed about one's own body, about the exercise of sexuality, reproduction, pleasure and contraception.
The State guarantees its exercise without discrimination, with a focus on gender, inclusion and cultural relevance; as well as access to information, education, health, and the services and benefits required for this, ensuring all women and people with the capacity to gestate the conditions for a pregnancy, a voluntary interruption of pregnancy, a voluntary and protected birth and maternity.
It also guarantees its exercise free of violence and interference by third parties, whether individuals or institutions.
The law shall regulate the exercise of these rights.
The State recognizes and guarantees the right of individuals to benefit from scientific progress in order to exercise these rights freely, autonomously and non- discriminatorily.
Article 62
Everyone has the right to personal autonomy, to the free development of his or her personality, identity and life projects.
Article 63
Slavery, forced labor, servitude and trafficking in persons in any of its forms are prohibited.
The State shall adopt a policy of prevention, punishment and eradication of such practices.
It will also guarantee the protection, full restoration of rights, remediation and social reintegration of victims.
Article 64
Everyone has the right to the free development and full recognition of their identity, in all its dimensions and manifestations, including sexual characteristics, gender identities and expressions, name and sex-affective orientations.
The State guarantees its exercise through laws, affirmative actions and procedures.
Article 65
Indigenous peoples and nations and their members have the right to identity and cultural integrity and to the recognition and respect of their own worldviews, ways of life and institutions.
Forced assimilation and destruction of their cultures is prohibited.
Article 66
Indigenous peoples and nations have the right to be consulted prior to the adoption of administrative and legislative measures affecting them. The State guarantees the means for the effective participation of these, through its representative institutions, in a prior and free manner, through appropriate, informed procedures.
and in good faith.
Article 67
Everyone has the right to freedom of thought, conscience, religion and worldview.
This right includes the freedom to profess and change religion or belief and their free exercise in public or private space, through worship, the celebration of rites, spiritual practices and teaching.
It also includes the power to erect temples, outbuildings and places of worship; maintain, protect and access sacred places of spiritual relevance; and rescue and preserve objects of worship or that have a sacred meaning.
The State recognizes spirituality as an essential element of the human being.
Religious and spiritual groups may be organized as legal persons, are prohibited from all forms of profit and their property must be managed transparently in accordance with the law, respecting the rights, duties and principles set forth by this Constitution.
Article 68
Everyone has the right to a dignified death.
The Constitution ensures the right of people to make free and informed decisions about their care and treatment at the end of their lives.
The State guarantees access to palliative care to all persons with advanced, progressive and life-limiting chronic diseases, especially vulnerable groups and those at social risk.
The law shall regulate the conditions to guarantee the exercise of this right, including access to information and adequate accompaniment.
Article 69
Everyone has the right to freedom of movement and freedom of movement, to reside, remain and move anywhere in the national territory, as well as to enter and leave it. The law shall regulate the exercise of this right.
Article 70
Everyone has the right to personal, family and community privacy.
No person or authority may affect, restrict or impede its exercise, except in the cases and forms determined by law.
Private enclosures are inviolable.
The entry, search or search may only be carried out with a prior court order, except in the cases of flagrant crime established by statute.
All documentation and private communication is inviolable, including its metadata.
Interception, capture, opening, search or review may only be carried out with a prior court order.
Article 71
Everyone has the right to seek and receive asylum and refuge.
A statute will regulate the procedure for applying for and recognizing refugee status, as well as the specific guarantees and protections that are established in favor of asylum seekers or refugees.
No asylum-seeker or refugee shall be forcibly returned to the State where they are at risk of persecution, serious human rights violations, or their life or liberty may be threatened.
Article 72
Everyone has the right to associate without prior permission.
This includes the protection of the autonomy of associations for the fulfillment of their specific purposes and the establishment of their internal regulation, organization and other defining elements.
In order to enjoy legal existence, associations must be formed in accordance with the law.
The law may impose specific restrictions on the exercise of this right in respect of the Police and the Armed Forces.
Article 73
The State recognizes the social, economic and productive function of cooperatives organizations and encourages their development, in accordance with the principle of mutual aid.
Cooperatives may be grouped into federations, confederations or other forms of organization.
The law shall regulate its creation and operation, guaranteeing its autonomy, and shall preserve, through the corresponding instruments, its nature and purposes.
Article 74
Professional associations are national and autonomous corporations of public law, which collaborate with the purposes and responsibilities of the State.
Its tasks consist of ensuring the ethical exercise of its members, promoting credibility and officially representing the profession before the State and the others established by law.
Article 75
Everyone has the right to assemble and demonstrate peacefully in private and public places without prior permission.
Meetings in places of public access may only be restricted in accordance with the law.
Article 76
Everyone has the right to submit petitions, presentations or claims to any authority of the State.
The law shall regulate the time limits and the way in which the authority must respond to the request, in addition to the way in which the principle of multilingualism in the exercise of this right shall be guaranteed.
Article 77
Everyone has the right to access, search, request, receive and disseminate public information from any organ of the State or from entities that provide services of public utility, in the manner and under the conditions established by law.
Article 78
Every person, natural or legal, has the right to property in all its kind and over all kinds of property, except those which nature has made common to all persons and which the Constitution or the law declares non-appropriable.
It shall be for the law to determine the manner of acquiring property, its content, limits and duties, in accordance with its social and ecological function.
No person may be deprived of his property except by a statute authorizing expropriation for reasons of public utility or general interest declared by the legislator.
The owner is always entitled to compensation for the fair price of the expropriated property.
The payment must be made prior to the material taking possession of the expropriated property and the expropriated person may always claim the legality of the expropriation act, as well as the amount and method of payment before the courts determined by statute.
Whatever the cause invoked to carry out the expropriation, it must always be duly founded.
Article 79
The State recognizes and guarantees, in accordance with the Constitution, the right of indigenous peoples and nations to their lands, territories and resources.
Ownership of indigenous lands enjoys special protection.
The State shall establish effective legal instruments for its cadastre, regularization, demarcation, titling, reparation and restitution.
Restitution is a preferential mechanism for reparation, of public utility and general interest.
In accordance with the Constitution and the law, indigenous peoples and nations have the right to use the resources that they have traditionally used or occupied, that are located in their territories and are indispensable to their collective existence.
Article 80
Every person, natural or legal, has the freedom to undertake and develop economic activities.
Its exercise must be compatible with the rights enshrined in this Constitution and the protection of nature.
The content and limits of this right will be determined by the laws that regulate its exercise, which must promote the development of smaller companies and ensure the protection of consumers.
Article 81
Everyone has the right, in his capacity as a consumer or user, to free choice, to truthful information, not to be discriminated against, to safety, to the protection of his health and the environment, to adequate reparation and compensation and to education for responsible consumption.
The State shall protect the exercise of these rights through effective procedures and a body with interpretative, supervisory, sanctioning and other powers granted to it by law.
Article 82
Every person, natural or legal, has the right to freedom of expression and opinion, in any form and by any means, which includes the freedom to seek, receive and disseminate information and ideas of all kinds.
There will be no prior censorship, but only the subsequent responsibilities determined by law.
Article 83
Everyone has the right to produce information and to participate equitably in social communication.
The right to found and maintain media and information is acknowledged.
The State shall respect freedom of the press and promote media pluralism and diversity of information.
Any person offended or unjustly referred to by a means of communication and information has the right to have his clarification or rectification disseminated free of charge by the same means in that had been issued.
The law shall regulate the exercise of this right, with respect for freedom of expression.
Article 84
The State encourages the creation of media and information and their development at the regional, local and community levels and prevents the concentration of media ownership.
In no case may the State monopoly be established over them. It shall be the responsibility of the law to safeguard this precept.
Article 85
There will be public means of communication and information, in different technological supports, that respond to the informational, educational, cultural and entertainment needs of the various groups of the population.
These media will be pluralistic, decentralized and coordinated with each other.
They shall also enjoy independence from the Government and shall have public funding for their operation.
The law shall regulate its organization and the composition of its directories, which shall be guided by technical and suitability criteria.
Article 86
Everyone has the right to universal access to digital connectivity and information and communication technologies.
The State guarantees free, equitable and decentralized access, with conditions of adequate and effective quality and speed, to basic communication services.
It is the duty of the State to promote and participate in the development of telecommunications, connectivity services and information and communication technologies.
The law shall regulate the manner in which the State shall perform this duty.
The State has the obligation to overcome the gaps in access, use and participation in the digital space and in its devices and infrastructures.
The State guarantees compliance with the principle of net neutrality.
The obligations, conditions and limits in this matter shall be determined by statute.
Telecommunications infrastructure is in the public interest, regardless of its property regime.
It shall be for the law to determine the use and exploitation of the radio spectrum.
Article 87
Everyone has the right to informational self-determination and the protection of personal data. This right includes the power to know, to decide and control the use of the concerned data, to access, to be informed and oppose the treatment of them, and to obtain their rectification, cancellation and portability, notwithstanding other rights established by statute.
The processing of personal data may only be carried out in the cases established by statute, subject to the principles of legality, loyalty, quality, transparency, security, limitation of the purpose and minimization of data.
Article 88
Everyone has the right to the protection and promotion of computer security.
The State and individuals shall adopt the appropriate and necessary measures to guarantee the integrity, confidentiality, availability and resilience of the information contained in the computer systems they administer, except for the cases expressly indicated by law.
Article 89
Everyone has the right to participate in a digital space free of violence.
The State shall carry out actions to prevent, promote, repair and guarantee this right, granting special protection to women, girls, boys, adolescents and sexual and gender diversities and dissidents.
The obligations, conditions and limits in this matter shall be determined by statute.
Article 90
Everyone has the right to digital education, to the development of knowledge, thought and technological language, as well as to enjoy its benefits.
The State ensures that everyone can exercise their rights in digital spaces, for which it will create public policies and finance free plans and programs for this purpose.
Article 91
Everyone has the right to leisure, rest and to enjoy free time.
Article 92
Every person and community have the right to participate freely in cultural and artistic life and to enjoy its various expressions, goods, services and institutions.
It has the right to the freedom to create and disseminate cultures and the arts, as well as to enjoy their benefits.
It also has the right to cultural identity and to know and be educated in the various cultures.
Likewise, it has the right to use public spaces to develop cultural and artistic expressions and manifestations, without any limitations other than those established by statute.
The State promotes, encourages and guarantees the harmonious interrelation and respect for all symbolic, cultural and patrimonial expressions, whether material and immaterial, and the access, development and dissemination of cultures, arts and knowledge, taking into account cultural diversity in all its manifestations and contributions, under the principles of collaboration.
and interculturality.
In addition, it must generate the instances for society to contribute to the development of cultural and artistic creativity, in its most diverse expressions.
The State promotes the conditions for the free development of the cultural identity of communities and individuals, as well as their cultural processes.
Article 93
The Constitution acknowledges the cultural rights of the Chilean Afro-descendant tribal people and ensures their exercise, development, promotion, conservation and protection.
Article 94
The State promotes access to books and the enjoyment of reading through plans, public policies and programs.
It will also encourage the creation and strengthening of public and community libraries.
Article 95
The Constitution assures everyone of copyright protection in his or her intellectual, scientific and artistic works.
These include the moral and economic rights over them, in accordance with and for as long as the law indicates, which will not be inferior to the life of the author.
The protection of the rights of performers in their performances is ensured, in accordance with the law.
Article 96
Everyone has the right to participate freely in the creation, development, conservation and innovation of the various knowledge systems and the transfer of their applications, as well as to enjoy their benefits.
The State recognizes and encourages the development of the various knowledge systems in the country, considering their different cultural, social and territorial contexts.
It also promotes their equitable and open access, including the 31 exchange and communication of knowledge to society in the broadest possible way.
The State recognizes the right of indigenous peoples and nations to preserve, revitalize, develop and transmit traditional knowledge and ancestral knowledge and must, together with them, adopt effective measures to ensure their exercise.
Article 97
The Constitution guarantees freedom of investigation.
It is the duty of the State to stimulate, promote and strengthen the development of scientific and technological research in all areas of knowledge, thus contributing to the socio-cultural enrichment of the country and the improvement of the living conditions of its inhabitants.
The State shall generate, in an independent and decentralized manner, the conditions for the development of transdisciplinary scientific research in matters relevant to the protection of the quality of life of the population and the ecosystem balance.
In addition, it will carry out permanent monitoring of environmental and health risks that affect the health of the country's communities and ecosystems.
The law will determine the creation and coordination of entities that meet the objectives established in this article, their collaboration with public and private research centers with territorial relevance, their characteristics and operation.
Article 98
Sciences and technologies, their applications and research processes must be developed according to the bioethical principles of solidarity, cooperation, responsibility and with full respect for human dignity, the sentience of animals, the rights of nature and the other rights established in this Constitution and in international human rights treaties ratified and in force in Chile.
Article 99
The National Council of Bioethics is an independent, technical, consultative, pluralistic and transdisciplinary body that will have, among its functions, to advise State agencies on bioethical matters that may affect human life, animal life, nature and biodiversity, recommending the dictation, modification and deletion of rules governing these matters.
The law shall regulate the composition, functions, organization and other aspects of this body.
Article 100
Every person and people have the right to communicate in their own language or language and to use them in all spaces.
No person or group shall be discriminated against on linguistic grounds.
Article 101
The State recognizes and protects natural and cultural, tangible and intangible heritage and guarantees their conservation, revitalization, enhancement, safeguarding and transmission to future generations, regardless of the legal regime and ownership of such assets.
It also promotes their dissemination and education.
Article 102
The State, together with indigenous peoples and nations, shall adopt positive measures for the recovery, revitalization and strengthening of indigenous cultural heritage.
It also recognizes the linguistic heritage constituted by the different indigenous languages of the national territory, which are subject to revitalization and protection, especially those that have the character of vulnerable.
Indigenous peoples and nations have the right to obtain the repatriation of their objects of culture and human remains.
The State shall adopt effective mechanisms for their restitution and repatriation.
In turn, it guarantees access to its heritage, including objects of its culture, human remains and culturally significant sites for its development.
Article 103
Nature has the right to respect and protect its existence, to the regeneration, maintenance and restoration of its dynamic functions and balances, which include natural cycles, ecosystems and biodiversity.
The State must guarantee and promote the rights of nature.
Article 104
Everyone has the right to a healthy and ecologically balanced environment.
Article 105
Everyone has the right to clean air throughout his or her life cycle.
Article 106
The law may establish restrictions on the exercise of certain rights to protect the environment and nature.
Article 107
Everyone has the right of responsible and universal access to mountains, riverbanks, seas, beaches, lakes, lagoons and wetlands.
The exercise of this right, the obligations of the surrounding owners, the applicable liability regime and access to other natural spaces, will be established by statute.
Article 108
Everyone has the right to full access to justice and to require the courts of justice to effectively protect their legitimate rights and interests, in a timely and effective manner in accordance with recognized principles and standards in the Constitution and laws.
It is the duty of the State to remove social, cultural and economic obstacles that prevent or limit the possibility of resorting to the courts for protection and exercise of rights.
The courts must provide adequate attention to those who present petitions or consultations before them, always granting a dignified and respectful treatment, in accordance with the law.
The State guarantees the right to free and complete legal advice, on the part of lawyers authorized to exercise the profession, to any person who cannot obtain it by himself, in the cases and in the manner established by the Constitution and the law.
It is the duty of the State to provide specialized legal assistance for the protection of the best interests of children and adolescents, especially when they have been subject to protection measures.
In addition, it must endeavor to create all the necessary conditions for the safeguarding of its rights.
The State must ensure that the bodies involved in the process respect and promote the right to access justice with an intercultural perspective.
Individuals have the right to specialized legal assistance, interpreters, intercultural facilitators and advisory experts, when they require it and cannot provide it on their own.
The State guarantees access to environmental justice.
Article 109
Everyone has the right to a reasonable and fair process in which the guarantees indicated in this Constitution, in the
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