 | You can help expand this article with text translated from the corresponding article in Spanish. (January 2024) Click for important translation instructions.
|
The proposed Political Constitution of the Republic of Chile was a Constitutional draft written by the Constitutional Convention of Chile between 4 July 2021 and 4 July 2022. An early draft was made available on 14 May 2022. The final proposal was made available on 4 July 2022.
A national plebiscite was held on 4 September 2022 to determine whether the public agreed with the proposed Constitution. It was rejected by a margin of 62% to 38%.
The proposal sought to replace the 1980 Chilean Constitution, whose original text was ratified by a plebiscite during the military dictatorship of Chile and, since the return to democracy, has been amended several times.
The proposal included several key elements:
- A shift towards a welfare state model, moving away from the principle of subsidiarity that had been in place for over three decades.
- Emphasis on human rights recognition and protection.
- Increased regional autonomy, resembling aspects of a semi-federal system.
- Recognition of Chile as a plurinational and ecological state.
- Explicit acknowledgment of groups historically marginalized in Chilean society, including:
- The proposal was notable for being the first Chilean constitution drafted by a fully democratically elected constituent assembly, with provisions for gender parity and representation of indigenous peoples in the drafting process.
These elements represented significant departures from previous Chilean constitutional frameworks. However, it is important to note that the proposal was subject to debate and criticism, and its ultimate impact would depend on implementation and interpretation.
History
Context
Since the promulgation of the 1980 Political Constitution of the Republic by the military dictatorship, there have been calls for its replacement with a new, democratically drafted constitution. Critics have raised concerns about:
- The legitimacy of the constitution's origin
- Perceived democratic deficiencies in the text
- High quorum requirements for constitutional reforms
The idea of constitutional replacement has been a recurring political issue since 1989. Key developments include:
- Initially, the Concertación de Partidos por la Democracia advocated for reforms rather than full replacement.
- In the 1999 Concertación presidential primaries, both candidates discussed the possibility of a plebiscite on constitutional matters.
- During the 2009 presidential election, candidates Eduardo Frei Ruiz-Tagle and Jorge Arrate proposed a "new Constitution," primarily to expand social rights.
These events indicate a gradual shift in political discourse towards the idea of constitutional replacement, though opinions on the necessity and extent of changes have varied among political actors and over time.
Constitutional reform efforts continued in Chile:
- 2005: Major reforms were implemented during Ricardo Lagos's presidency, addressing some constitutional concerns.
- 2013: The "Marca AC" campaign during the elections brought renewed attention to the idea of a new constitution.
- 2014-2018: Michelle Bachelet's second term initiated a citizen constituent process, resulting in a proposal for a new constitution. The proposal was presented to the National Congress near the end of her term.
- 2018: Upon taking office, Sebastián Piñera announced he would not pursue Bachelet's constitutional project. Instead, he stated an intention to "modify and perfect" the existing constitution.
This sequence of events illustrates the ongoing debate in Chilean politics regarding constitutional reform, with different administrations taking varied approaches to addressing constitutional issues. The topic remained a point of political contention, with some advocating for comprehensive change and others preferring more limited modifications to the existing framework.
Origin of the Proposed Constitution
The proposed Constitution's origins can be traced to the aftermath of the 2019-2020 Chilean social uprising. During the protests in late 2019, calls for a new constitution drafted by a constituent assembly emerged as a common demand. This idea was also prevalent in many citizen-organized town hall meetings held throughout the country. Various social leaders, analysts, and politicians argued that a new constitution was necessary to address social demands. Initially resistant to the idea, President Sebastián Piñera eventually acknowledged the possibility of substantial reforms to the 1980 Constitution, partly due to pressure from both the public and members of his own political coalition.
Constitutional negotiations of November 2019
- Dates: 13-14 November 2019
- Participants: Members of the ruling party and opposition
- Purpose: To devise a solution for a new constituent process and determine forms of citizen participation
Proposed options for drafting the new constitution:
- "Constitutional Convention": A fully elected constituent assembly
- "Mixed Constitutional Convention": Composed equally of sitting parliamentarians and directly elected members
Key points of contention:
- Quorum required to approve articles of the new Constitution
- Procedure in case a regulation was not approved
Outcome: On 15 November 2019, parliamentary leaders from both the ruling party and opposition announced the "Agreement for Social Peace and the New Constitution" at the former National Congress building in Santiago.
Key events in Chile's constitutional reform process in December 2019
6 December 2019: A proposal for constitutional reform was presented to the National Congress. The proposal was marked for urgent debate.
19 December 2019: The Senate approved the constitutional reform allowing for a national plebiscite. This approval followed a similar vote in the Chamber of Deputies.
National Plebiscite of 25 October 2020
Main article: 2020 Chilean national plebiscitePurpose: To determine whether Chile would draft a new constitution and, if so, what body would be responsible for drafting it.
Results:
On drafting a new constitution:
- "Approve" option: 78.27% of votes
- "Reject" option: 21.73% of votes
On the body to draft the constitution, "Constitutional Convention" option won (over the "Mixed Constitutional Convention" option).
Significance:
This plebiscite marked the official beginning of Chile's constitutional drafting process. It demonstrated strong public support for creating a new constitution. The results favored a fully elected Constitutional Convention over a mixed body of elected members and sitting parliamentarians.
The plebiscite was a pivotal moment in Chile's recent political history, setting the stage for the subsequent election of Constitutional Convention members and the drafting of a new constitution.
On this occasion, Piñera referred to the drafting of the 2022 Constitution as follows:
Este plebiscito no es el fin. Es el comienzo de un camino que juntos deberemos recorrer para acordar una Nueva Constitución para Chile (...) Hasta ahora la Constitución nos ha dividido. A partir de hoy, todos debemos colaborar para que la Nueva Constitución sea el gran marco de unidad, de estabilidad y de futuro.
"This plebiscite is not the end. It is the beginning of a path that we must travel together to agree on a New Constitution for Chile (...) Until now the Constitution has divided us. From today, we must all collaborate so that the New Constitution is the great framework for unity, stability and future."
Preparation and Characteristics
The proposed Political Constitution of 2022 was drafted by the Constitutional Convention, a body specifically elected for this purpose as outlined in Chapter XV of the Political Constitution of the Republic of Chile of 1980. The Convention's sole mandate was to prepare the proposed text, without assuming powers from other state bodies.
Elections for the Chilean Constitutional Convention of 2021 were held on May 15 and 16, 2021, to select members tasked with drafting a new Political Constitution of the Republic. These elections followed the success of the "Approve" option in the 2020 national referendum. The elections were officially called by decree on November 24.
The Constitutional Convention was composed of 78 men and 77 women, making it the first constituent assembly in the world to achieve gender parity.
The Constitutional Convention included 59 lawyers and 7 law students among its elected members. Additionally, there were 20 professors, 9 engineers, and 5 journalists. Six members were concurrently serving in the National Congress, and 9 were former government officials. The Convention also featured representation from indigenous peoples with 17 reserved seats: 7 for the Mapuche, 2 for the Aymara, and one each for other groups including the Kawésqar, Rapanui, Yagán, Quechua, Atacameño, Diaguita, Colla, and Chango.
Of the 155 members of the Constitutional Convention, 8 identified as members of the LGBT community: 5 as gay, one as lesbian, one as pansexual, and one as bisexual.
On June 20, 2021, the president signed a decree setting the installation of the Constitutional Convention for July 4 at 10:00 AM in the courtyards of the former National Congress palace. This date also marked the 210th anniversary of the installation of the First National Congress of Chile. Due to the COVID-19 pandemic, the Undersecretariat of Public Health issued an exempt resolution on July 1, outlining special sanitary measures for the ceremony.
On September 14, 2021, the plenary session of the Constitutional Convention approved the proposed regulations for the body in general. During this session, it was also decided that the particular vote on the articles of the regulations would be passed by a simple majority. Subsequently, on October 18, 2021, two years after the start of the social unrest, the Constitutional Convention commenced the thematic discussion on the contents of the proposed new Political Constitution of the Republic.
The draft of the new Political Constitution presented in May 2022 comprised eight chapters, each developed by one of eight commissions. These chapters addressed the foundations of democracy, the characterization of Chile as a plurinational state, the self-determination of its peoples, constitutional principles, fundamental rights, environmental issues, justice systems, knowledge systems, and the rights of indigenous peoples. Originally, the first draft contained 499 articles; however, following the revisions by the Harmonization Commission, the final draft proposed as of June 15, 2022, included 387 articles.
Rejection by Plebiscite
On September 4, 2022, the proposed Political Constitution drafted by the Constitutional Convention was subjected to a referendum, also referred to as an "exit plebiscite," to determine whether citizens approved of it. The proposal was rejected by 61.86% of the voters. This mandatory plebiscite saw the participation of over thirteen million voters, which corresponded to 85.86% of the electoral roll, marking it as the electoral process with the highest participation in Chile's history as of 2022.
Various analysts attribute the rejection of the new constitutional text to several factors. These include the low approval ratings of President Gabriel Boric's government, the economic slowdown in Chile, and uncertainties about the implementation of the proposed changes. Concerns were also raised about the concept of "plurinationality," which suggested that Chile would be constituted as a series of distinct groups rather than as a unified nation. Additional points of contention included the proposed elimination of the Senate, an institution that has been a part of the Republic of Chile since its inception, and the implementation of "unlimited parity," which critics argued could shift gender equity towards female dominance in government bodies.
Some sectors of the opposition criticized the draft for potentially shifting the country too far to the left. They argued that the constitution was overly ambitious and would be challenging to translate into efficient laws. Critics also contended that the constitution embedded 'centennial' values deeply into both private and public life, which did not align with the demands of the more traditional segments of the country.
Content
The text of the proposed Political Constitution of the Republic begins with the preamble approved by the Constitutional Convention:
Nosotras y nosotros, el pueblo de Chile, conformado por diversas naciones, nos otorgamos libremente esta Constitución, acordada en un proceso participativo, paritario y democrático.
We, the people of Chile, made up of various nations, freely grant ourselves this Constitution, agreed upon in a participatory, equal and democratic process.
The content is distributed in eleven chapters and a final section of transitory regulations.
General principles and provisions
Chapter I (articles 1 to 16), called General Principles and Provisions, contains the fundamental principles of the formation of the State of Chile, its role, its relationship with people, its territory distribution among others. It establishes the welfare state, its plurinational and ecological character, the form of exercise of sovereignty, the basis of human rights as all State action, the unity of the national territory (but keeping its internal autonomy of the territories), the freedom and equality of people and their relationship with nature, the recognition of participation and equitable representation of women, men, diversities and sexual and gender dissidence in positions of power, the secularism of the state, the recognition of all forms of family, the official Chilean language, its emblems, the way of relating to other nations and the range of international treaties. It also points out the legal value of the Constitution being regulated by itself: it is a rule, therefore its observance is mandatory for any person, institution or group, and all State bodies.
Bill of Rights
Chapter II (articles 17 to 126) is the longest chapter of the constitutional proposal, stating that the end of rights is a dignified life, democracy, peace and the balance of nature, endowing people, indigenous nations and nature as holders of individual and collective rights, committing the action of the State to eliminate access barriers to these rights.
- Right to life.
- Right to personal integrity (physical, psychosocial, sexual and affective)
- Prohibition of the death penalty, torture, enforced disappearance, slavery, human trafficking and exile
- Right to truth, justice, memory and reparation in case of human rights violations
- Right to equality before the law
- Right to non-discrimination
- Right to progressive autonomy of children and adolescents
- Right to the full development of the personality and the use of one's own language
- Right to child protection
- Right to life and environment free of violence (especially for girls, adolescents and people of sexual and gender diversity and dissidence)
- Right to universal accessibility
- Respect for neurodiversity
- Right on request
- Right to dignified treatment, social reintegration and communication (in case of imprisonment)
- Right to a decent old age
- Right to education (including sex education)
- Right to care for the environment
- Right to freedom of education
- Right to health
- Right to social security
- Right to work and free choice, to equitable remuneration, freedom of association, labor participation and strike
- Recognition of domestic work
- Right to care
- Right to decent housing
- Collective right to the city and territory
- Right to food sovereignty
- Right to water and sanitation
- Right to energy
- Right to sport
- Sexual and reproductive rights
- Right to own worldview
- Right to indigenous consent
- Right to freedom of worship
- Right to a dignified death
- Right to freedom of movement
- Right to privacy
- Right to asylum and refuge
- Right to freedom of association
- Right to public demonstration
- Right to access information from the State
- Right to private property
- Right to indigenous property
- Right to freedom to undertake
- Right to consumption and respect for it
- Right to freedom of expression
- Right to create social media
- Right to digital connectivity, computer security, a digital space free of violence and education in the digital space
- Right to personal data protection
- Right to leisure
- Right to cultural and artistic participation
- Right to read
- Right to intellectual property
- Right to research
- Right to cultural heritage
- Right to regeneration of nature
- Right to a healthy and balanced environment
- Right to clean air
- Universal access to mountains, beaches, lakes, lagoons and wetlands
- Access to justice and due process
In addition to functioning as a "bill of rights", this chapter includes the requirements to access Chilean nationality and citizenship, recognizing the rights of expatriates and emigrants, the right to guardianship for the reestablishment of violated rights or put an end to irrational arrests, compensation in the event of unjust arrest and imprisonment, and the principles of the "Ombudsman" as an entity for the promotion and protection of human rights guaranteed in this Constitution, in international human rights treaties ratified and in force in Chile in conjunction with the "Children's Rights Ombudsman" whose purpose will be the protection of the aforementioned rights, but in childhood and adolescence.
Nature and environment
Chapter III (articles 127 to 150) establishes nature as holder of rights, in addition to establishing mechanisms for protecting nature and sanctioning its damage, in addition to a system of waste management, pointing out the ecological and social function of the land.
It also recognizes animals as subjects of special protection against mistreatment, as sentient beings.
The chapter indicates certain goods as common to all people, of an inappropriate nature, such as the territorial sea and its seabed; beaches; the waters, glaciers and wetlands; geothermal fields; the air and the atmosphere; the high mountains, protected areas and native forests; the subsoil; and others declared by law.
Finally, it regulates a water statute, creating a National Water Agency, a minerals statute, and a "Defender of Nature."
Democratic participation
Chapter IV (articles 151 to 164) regulates the form and exercise of democracy in Chile, its exercise is established as direct, participatory, community and representative, in addition to establishing the bases of the Electoral Service.
It guarantees the right to direct democracy via incidental or binding participation of citizens in matters of public interest.
It establishes the possibility for regional and local governments to call a referendum, the popular law initiative (with 3% of the electoral roll to propose a law and 5% to repeal a law).
It configures suffrage as universal, egalitarian, free, direct, personal and secret; mandatory for those who have reached eighteen years of age and voluntary for sixteen and seventeen year olds and for Chileans living abroad.
It establishes norms that govern political parties, on gender parity in elected bodies, ensuring that electoral lists are always headed by a woman, in addition to seats reserved for indigenous peoples, the eradication of gender violence within parties politicians and the incentive for the participation of diversities and sexual and gender dissidents in positions of popular election.
Good governance and public function
Chapter V (articles 165 to 186) establishes the bases of the public administration, under the principles of probity, transparency and accountability in all its actions, it also ensures the possibility of requesting information by citizens from public bodies.
Likewise, it establishes a Council for Transparency, sanctions corruption, granting whistleblowers due protection, confidentiality and indemnity, prohibits the participation in public and popularly elected positions of persons convicted of crimes against humanity, sexual crimes and domestic violence, those linked to corruption such as tax fraud, money laundering, bribery, embezzlement of public funds and others established by law.
Establishes a civil service for public officials, a commission that will set the remuneration of the elected authorities, establishing that the public administration is at the service of the person and aims to meet the needs of people and communities, providing universal public services of quality.
It points out the bases of firefighters in Chile, the tax regime (including the national port policy), the participation of the state in the economy, the requirements to form public companies, as well as principles of sustainability and fiscal responsibility with sustainable development and harmony with nature.
Regional state and territorial organization
Chapter VI (articles 187 to 250), called Regional State and Territorial Organization, outlines the principles of the nation's internal administration and its degree of regionalization, organizing the state territorially into autonomous territorial entities and special territories.
It grants political, administrative and financial autonomy to the communes, provinces, regions and creates indigenous territorial autonomies for the realization of their goals and interests, giving them legal personality under public law, their own assets and the powers and competencies necessary to govern themselves in response to the interest of the republic, in accordance with the Constitution and the law, having human and nature rights as limits.
It points out principles of solidarity, cooperation, reciprocity and mutual support between territorial entities, under the principles of plurinationality and interculturality, in addition to establishing limits to their competence.
It establishes the commune presided over by mayors and a municipal council elected by a simple majority, plus a communal social assembly that has the purpose of promoting popular and citizen participation in public affairs. It will be advisory, incident and representative of the organizations of the commune, as well as neighborhood units.
At the regional level, it establishes a council of mayors, the regional government as the executive body of the autonomous region, a governor –elected by direct vote with an absolute majority, in the first or second round– as director of the regional government, a regional assembly as a collegiate body of regional representation endowed with normative, decision-making and supervisory powers, a regional social council and a Council of Governors of an advisory nature.
Establishes indigenous territorial autonomies endowed with legal personality under public law and their own patrimony, where the indigenous peoples and nations exercise autonomy rights in coordination with the other territorial entities, to rurality as an area of integral development and as special territories to Rapa Nui, the Juan Fernández archipelago (and its adjacent islands) and the Chilean Antarctica.
Legislative branch
Chapter VII (articles 251 to 278) establishes a bicameral National Congress of an asymmetric nature, with an indirectly elected Chamber of the Regions and a directly elected Congress of Deputies, establishing its duration — 4 years for both chambers —, the form of election of the members of them, their re-election limit —set at just one— and their numbers, age and residence requirements and disabilities to hold office, their particular roles in each chamber, the form of joint sessions, and the form of generate the law and the legislative procedure.
Executive branch
Chapter VIII (articles 279 to 306) establishes the form of government, presidential in nature and under the head of state and government by a President of the Republic, who will be popularly elected by direct vote. In case of not reaching a majority of the votes in the first round, a second electoral round will be held between the two highest candidates.
It also establishes the requirements of age and residence of the position, the mechanisms of succession of the position, its duration —established in 4 years with immediate reelection only once—, its impediments and its attributions.
It also presents the bases applicable to the ministers of State, the principle of the monopoly of the use of force by the president (limited in accordance with this Constitution, the laws and with respect for human rights), his role as driver of security public (this delegated to a ministry) and the bases of the police and the armed forces as professional, hierarchical, disciplined, obedient and non-deliberative institutions, founded on respect for human rights and from the gender perspective in the performance of their duties.
It also establishes 3 states of constitutional exception: the state of assembly (prior approval of both chambers), the state of siege and the state of catastrophe, in addition to an Oversight Commission dependent on the Congress of Deputies, with joint and multinational composition, made up of deputies, regional representatives and representatives of the Ombudsman's Office, for the control of the measures adopted under the state of exception.
Justice systems
Chapter IX (articles 307 to 349) establishes the bases of the various justice bodies in Chile, understood as a public function that is exercised on behalf of the peoples and that consists of knowing and judging, through due process, the conflicts of legal relevance and enforce what has been resolved, in accordance with the Constitution and the laws, as well as the international treaties and instruments on human rights to which Chile is a party.
It is exercised exclusively by the courts of justice and the authorities of the indigenous peoples and nations recognized by the Constitution or the laws enacted pursuant to it.
It is made up of the legal systems of the indigenous peoples and nations, the National Justice System (which is made up of the neighborhood justice system, the courts of first instance —civil, criminal, family, labor, common or mixed jurisdiction, administrative, environmental, neighborhood, execution of sentences—, the courts of appeals and the Supreme Court).
Creates a Council of Justice as an autonomous, technical, joint and multinational body, with legal personality and its own assets, whose purpose is to strengthen judicial independence. It is in charge of appointments, governance, management, training and discipline in the National Justice System.
They have as principles the jurisdictional function: the intersectional approach, the principles of parity and gender perspective, the fundamental rights of the people sentencegiven or subject to security measures, and compliance with criminal sanctions and security measures based on respect for human rights and with the objective of serving the sentence and integrating and inserting the sanctioned person into society.
It indicates the bases of the Electoral Qualifying Tribunal as a body that will know the general scrutiny and the qualification of the elections of the authorities elected by popular vote at the national level and of the regional electoral tribunals that are in charge of knowing the general scrutiny and the qualification of the elections. elections at regional, communal and civil society organizations and other organizations recognized by this Constitution or by law.
Autonomous constitutional bodies
Chapter X (articles 350 to 382), called Autonomous Constitutional Bodies, regulates the formation of 6 autonomous constitutional bodies with legal personality and their own assets and under the principle of gender parity in their formation.
The aforementioned bodies include the General Comptroller of the Republic, the Central Bank of Chile, the Public Ministry and the Public Criminal Defense Office. In addition, it creates the National Data Protection Agency and establishes the Constitutional Court.
Reform and replacement of the Constitution
Chapter XI (articles 383 to 388) establishes the form, quorums and modes of reform or create a new Political Constitution of the Republic.
Projects to reform the Constitution may be initiated by message from the President of the Republic, by motion of any of the members of the National Congress, by popular initiative (by obtaining 10% of signatures on the electoral register) or indigenous. A reform project needs to be approved with the affirmative vote of four-sevenths of both chambers. In matters not provided for in this Chapter, the rules on formation of the law are applicable to the processing of constitutional reform projects, always respecting the indicated quorums.
If the reform project will modify the political regime and the presidential term; the design of the Congress of Deputies or the Chamber of the Regions and the duration of its members; the form of Regional State; fundamental principles and rights; or the reform and replacement chapter of the Constitution, it must be submitted to a plebiscite if it does not reach two-thirds of the votes of both chambers.
The total replacement of the Constitution will be carried out via a plebiscite that establishes a constituent assembly, which may be convened: by popular initiative upon obtaining 25% of the signatures of the electoral roll, by the President of the Republic on (and ratified by three-fifths of both chambers) or by both chambers in joint session by two-thirds.
The constituent assembly will have as its sole purpose the drafting of a proposed constitution, it will be integrated on a parity basis and with independents and seats reserved for indigenous people, with a duration of no less than 18 months, and the ratification of the proposed text will occur by plebiscite.
Transitional Provisions
The proposed new Political Constitution included 57 transitional provisions that outlined the rules for the installation or transition of the mentioned institutions. According to its second transitional provision, all regulations in effect prior to the implementation of the new Constitution "will remain in force as long as they are not repealed, modified, or replaced, or until they are declared contrary to the Constitution by the Constitutional Court."
The transitional provisions within the proposed new Political Constitution ensure the continuity of the Chamber of Deputies and the Senate of the Republic in their current composition until 2026, at which point the new legislative chambers would be established. Additionally, the provisions specify that presidential re-election would not apply to the incumbent president at the time of the Constitution's approval, meaning President Gabriel Boric would complete his term in 2026 without the possibility of immediate re-election. Furthermore, the provisions call on the President of the Republic, the Legislative Branch, and heads of public services to issue norms and make modifications necessary for implementing the stipulations of the proposed Political Constitution.
The proposed Political Constitution stipulates a reconfiguration of the political-administrative division of the country, transforming the current regions and communes into autonomous regions and autonomous communes, respectively, and granting them new powers. It also sets deadlines for the publication of the autonomy statutes for Rapa Nui and the government of the special territory of Juan Fernández. Additionally, the Constitution mandates that binding plebiscites be conducted for the establishment of two new autonomous regions: the "Autonomous Region of Aconcagua" within the current provinces of Petorca, San Felipe, and Los Andes (part of the Valparaíso Region) and the "Autonomous Region of Chiloé" within the province of Chiloé (currently part of the Los Lagos region).
Relevant topics
Gender equity and sexual diversity
The proposed Political Constitution is regarded as avant-garde in its comprehensive integration of gender equality and recognition of sexual and gender diversity and dissidence, responding to demands from feminist movements that were prominent during the social unrest. The equal composition of the Constitutional Convention, which included 77 women and 78 men—of whom 8 openly identified as members of the LGBT community— is seen as a world-first event. This composition is credited with significantly elevating issues of gender equality. The work of the Constitutional Convention has been highlighted as an example demonstrating how the makeup of political bodies can influence their outcomes.
Gender parity and the recognition of sexual and gender diversity and dissidence are central principles of the proposed Political Constitution, influencing several other provisions within the document. The proposal mandates that all collegiate state bodies consist of at least half women. It also promotes parity in single-person elections and requires electoral lists to be headed by women. Additionally, it ensures equal treatment and conditions for women, girls, and individuals from sexual and gender diverse backgrounds. Although the parity criterion is among the most innovative constitutional elements, it has not elicited as much criticism as other aspects of the proposal, partly because it was already implemented within the Convention itself. Some international constitutionalists suggest that such initiatives could serve as models for other constitutions in the future.
The proposed Political Constitution introduces several progressive rights and principles. It establishes the right to a life free from gender violence and mandates that courts incorporate a gender perspective in their judgments, specifically requiring them to "adopt all measures to prevent, punish, and eradicate violence against women, dissidents, and sex-gender diversities in all its forms and areas." Additionally, it acknowledges sexual and reproductive rights, including the right to terminate a pregnancy, applicable to all individuals regardless of gender, thus recognizing transgender people, with specific provisions to be detailed in future legislation.
The proposal also recognizes the value of domestic and care work, which has historically been performed by women without compensation, and ensures that such work is included within the social security system. This inclusion represents a significant shift towards recognizing and compensating traditionally undervalued labor.
The proposed Political Constitution introduces broad anti-discrimination measures and recognizes a diversity of family structures. It explicitly recognizes all forms of family, and ensures the right to protection against all forms of discrimination, including on the basis of sexual or affective orientation, gender identity, and expression, thereby promoting participation in conditions of substantive equality. Additionally, it establishes the right to full recognition of individuals' identity, including characteristics associated with sex, gender, and affective orientations.
The proposal also addresses structural violence against the LGBTQ+ community, positioning protections in specific contexts. If approved, it would be the first Constitution in the world to explicitly offer such extensive protections to sex-gender dissidents, setting a precedent for legal recognition and protection of these communities unmatched globally.
Promotion of knowledge
The discourse surrounding science and technology as pivotal components of national development in Chile has intensified over the past three decades. Despite this growing recognition, several persistent challenges have been identified. These include a lack of appreciation for research within broader societal and institutional contexts and diminished public financial support relative to the total public budget, particularly noted during the 2010s. Additionally, there is a notable deficit in the dissemination of knowledge produced by researchers to the general population, coupled with prevalent job insecurity within the field. Experts have characterized the research environment in Chile as one that is marginalized by institutions, often relegated to powerless positions, and predominantly valued only as a short-term tool.
The establishment of the thematic Commission of Knowledge Systems, Science, and Technology, Culture, Arts, and Heritage within the discussions of the proposed new constitution in Chile marked a significant development. This commission, dedicated to topics related to knowledge, underscored the importance of research as a fundamental right that should be integrated into state administration.
The proposed new constitution deeply integrates the results of discussions on education and research, framing them as fundamental rights and guarantees. It establishes the right to education as a lifelong process, with a particular emphasis on higher education, which is tasked with "the mission of teaching, producing, and socializing knowledge" while also guaranteeing the freedom of teaching and research. Additionally, the State is mandated to stimulate research with a perspective of development and social benefit. This stimulation of research, however, is subject to regulation by bioethical principles and oversight by a specialized state institution.
The constitution further secures the freedom of research, emphasizing the ability to transfer acquired knowledge and the right to enjoy its benefits. It also mandates the State to promote the creation of both public and private research centers, reinforcing the institutional framework supporting scientific advancement.
The proposed new constitution also prioritizes digital connectivity and environmental stewardship as fundamental rights. It establishes the right to "universal access to digital connectivity and information technologies," emphasizing the importance of digital education to ensure that all citizens have access to the knowledge available through these technological systems. Additionally, it calls for the promotion of environmental and scientific education, underscoring the need for ongoing monitoring and the maintenance of updated information concerning the natural environment.
International collaboration in space research is highlighted as a key area for development, reflecting a commitment to extending the scope of scientific inquiry beyond terrestrial boundaries. The proposal also advocates for the incorporation of innovation in mining activities, a significant sector in Chile, to ensure that these practices are compatible with environmental protection and sustainability goals. Furthermore, it emphasizes innovation in all technical research work, even those not explicitly stated, for the protection and conservation of the environment and natural resources.
The proposed new constitution emphasizes the importance of utilizing advancements in science, technology, knowledge, and innovation to enhance governance and public services. It guarantees the application of these advancements to optimize and continuously improve the delivery of public goods and services, with a commitment to allocate the necessary resources for these purposes.
Decentralization also plays a crucial role in the governance structure proposed in the constitution. Autonomous Regions are endowed with the authority to develop research, technology, and science according to what regional administrations deem appropriate. This grants regions the flexibility to tailor scientific and technological initiatives to their unique needs and priorities, potentially fostering localized innovation.
Furthermore, the special Antarctic territory is specifically addressed in the context of international agreements. The provisions that relate to this territory are aligned with the 1961 Antarctic Treaty. Chile is obligated to generate policies for the protection of Antarctica, with a particular emphasis on scientific research.
The proposed Political Constitution has gained both national and international recognition for its explicit incorporation of the rights to scientific and social-humanistic knowledge. Esteemed international institutions, including UNESCO, and prominent scientific publications such as Nature, have praised the efforts to embed research and science into the constitutional framework.
Critics of the proposed Political Constitution have raised concerns regarding the implementation of its science and knowledge management provisions. One major issue highlighted is the anticipated delay in the operationalization of new institutions and policies related to knowledge and innovation. Critics argue that establishing these new structures and integrating them effectively into the existing framework may take significant time, potentially delaying the benefits envisioned in the constitution.
Additionally, there are apprehensions about the financial implications of the proposed changes. Critics point to the expected increase in fiscal expenditure required to support the rights to digital connectivity, education, and the guarantee of research and development. Furthermore, there are concerns about the financial demands of establishing and maintaining the budget for new autonomous regions and zones. These financial considerations raise questions about the sustainability and practicality of the proposed constitution's ambitious reforms in the context of Chile's broader economic framework.
Political system
In the wake of the social unrest and subsequent political crisis in Chile, there was a significant public and political call for reforms or changes to the governmental system. Within the Constitutional Convention, a majority of members initially expressed support for transitioning to a semi-presidential system, where a Prime Minister would serve as the head of government, potentially offering a blend of presidential and parliamentary dynamics to enhance governance. However, after thorough deliberations, the members ultimately decided to retain the presidential system.
The system of government outlined in the proposed Constitution, though described as an "attenuated presidentialist" model, shows notable similarities to the system established by the 1980 Constitution. Despite some adjustments aimed at moderating presidential powers, the proposal in certain aspects actually increases the authority of the head of state. For instance, under the proposed Constitution, the head of state would have the power to appoint and remove members of the high command of the police, expanding beyond the current authority, which is limited to appointing or removing only the general director of the Carabineros. Additionally, the proposed Constitution introduces the possibility for immediate reelection of the president, a provision that is not permitted under the current Magna Carta.
Although there was an initial proposal for a unicameral congress, the final decision opted for an asymmetric bicameral system. This new legislative structure consists of the Congress of Deputies and a Chamber of Regions, which replaces the traditional Senate. Notably, this Chamber of Regions is structurally weaker than the lower house, indicating a shift in the balance of legislative power and the representation dynamics within the government.
Recognition of indigenous nations
Article 5 of the proposed Constitution formally recognizes the pre-existence of various indigenous peoples and nations prior to the establishment of the Chilean state. The groups specifically acknowledged include the Mapuche, Aymara, Rapanui, Lickanantay, Quechua, Colla, Diaguita, Chango, Kawésqar, Yagán, and Selk'nam. This article not only acknowledges these groups' historical presence and distinct identities but also commits the state to "respect, promote, protect, and guarantee the exercise of self-determination" for these indigenous communities.
References
- "Convención Constitucional despacha primer borrador de la nueva Constitución". T13. 14 May 2022. Archived from the original on 16 August 2024. Retrieved 14 May 2022.
- González, Alberto (4 July 2022). "Finaliza ceremonia: Entregan propuesta de nueva Constitución y se disuelve la Convención". Biobiochile.cl. Retrieved 4 July 2022.
- "El acuerdo que señala el camino a la Constitución de 2022". Pauta. 15 November 2019. Archived from the original on 16 August 2024. Retrieved 27 October 2020.
- "Plebiscito histórico en Chile: apruebo o rechazo, las opciones que tenían los chilenos en el referendo de cambio de Constitución". BBC Mundo. 22 October 2020. Archived from the original on 27 October 2020. Retrieved 27 October 2020.
- "Plebiscito: Chile rechaza propuesta de nueva Constitución con histórica participación de más de 12 millones de personas". La Tercera. 4 September 2022. Archived from the original on 4 September 2022. Retrieved 4 September 2022.
- "Chile votes overwhelmingly to reject new, progressive constitution". The Guardian. 5 September 2022. Archived from the original on 5 September 2022. Retrieved 5 September 2022.
- ^ "Chile aprueba por abrumadora mayoría cambiar la Constitución de Pinochet: ¿qué pasa ahora y por qué es un hito mundial?". BBC Mundo. 26 October 2020. Archived from the original on 16 August 2024. Retrieved 27 October 2020.
- "Venice Commission :: Council of Europe". venice.coe.int. Archived from the original on 5 July 2023. Retrieved 5 July 2023.
- Carey, John M. "Malapportionment and ideological bias in Chilean electoral districts". Dartmouth College. May 18, 2015.
- Carey, John. "Chile's electoral reform". Archived 2022-05-24 at the Wayback Machine Global Americans. May 27, 2015.
- Artículo 1.
- Andrado Geywitz, Carlos. "Reforma de la Constitución Política de la República de Chile de 1980". Memoria Chilena. Retrieved 16 August 2024.
- "Debate de Primarias de la Concertacion". 1999. Retrieved 16 August 2024.
- "Nota Programa Frei". TVN. 15 September 2009. Retrieved 16 August 2024.
- Montes, Rocio (10 March 2018). "The Left Thinks it is the Only One With the Legitimacy to Govern Chile". El Pais. Retrieved 16 August 2024.
- "Open Town Councils Seek to Create a New Constitution". La Cuarta. 26 October 2019. Retrieved 21 August 2024.
- Diaz, Nicolas (29 October 2019). "Town Council Meetings in Vina del Mar Resolve to Work Collectively on a New Constitution". biobiochile.cl. Retrieved 21 August 2024.
- "Social Organizations Support Constituent Assembly". 24 Horas. Retrieved 21 August 2024.
- Cabieses, Manuel. "18 Million "Vandals" Demand a Constituent Assembly". Diario UCHILE. Retrieved 21 August 2024.
- Flores, Jonathan (21 October 2019). "Social Leaders Demand a Constituent Assembly and Six Short-Term Anti-Abuse Measures". biobiochile.cl. Retrieved 21 August 2024.
- Dannemann, Victoria (29 October 2019). "Chile in Crisis: Constitutional Reform in Focus". DW. Retrieved 21 August 2024.
- Asencio, Sebastian (30 October 2019). "President Piñera on a possible new Constitution: We will listen to the Chileans. I do not rule it out". biobiochile.cl. Retrieved 21 August 2024.
- "Parliamentarians fail to reach agreement on mechanism for reaching new Constitution". 24 Horas. 13 November 2019. Retrieved 22 August 2024.
- "Agreement for a new Constitution: Blank page, 2/3 quorum and entry plebiscite in April 2020". CNN Chile. 15 November 2019. Retrieved 22 August 2024.
- "The 2/3 Quorum Would Be the Stumbling Block: Negotiation for a New Constitution on the Verge of an Imminent Agreement". El Disconcierto. 15 November 2024. Retrieved 22 August 2024.
- Fernandez, Eugenia; Munoz, Andres. "Ena Von Baer (UDI) and Miguel Crispi (RD): The writers of the historic document that remained in Quintana's office". Latercera PM. Retrieved 22 August 2024.
- "Technical Commission completes reform to begin constituent process". Diario Uchile. 6 December 2019. Retrieved 22 August 2024.
- "Senate approves reform law enabling April plebiscite and constituent process". Latercera. 19 December 2019. Retrieved 22 August 2024.
- "Chileans overwhelmingly approved the drafting of a new constitution". Infobae. 25 October 2020. Retrieved 23 August 2024.
- "Plebiscite in Chile: the key issues that will have to be debated at the historic Convention that will draft the new Constitution". BBC World. 28 October 2020. Retrieved 23 August 2024.
- "Can everything change? The rules and limits of the body that will draft the eventual new Constitution". T13. Retrieved 26 August 2024.
- "Chile overwhelmingly approves amending Pinochet's Constitution: What happens now and why is this a global milestone?". BBC World. 26 October 2020. Retrieved 26 August 2024.
- "CONVOCA A LA ELECCIÓN DE LOS MIEMBROS DE LA CONVENCIÓN CONSTITUCIONAL" (PDF). Diario Oficial de la Republica de Chile. No. 42.817. 24 November 2020. Retrieved 26 August 2024.
- "Chile overwhelmingly approves amending Pinochet's Constitution: What happens now and why is this a global milestone?". BBC World. 26 October 2020. Retrieved 28 August 2024.
- Cadiz, Paul (17 May 2021). "Mainly lawyers and with an average age of 44: the Constitutional Convention in Figures". Elections 2021. Retrieved 28 August 2024.
- Reyes, Carlos (20 June 2021). "President Piñera calls for the first session of the Constitutional Convention on July 4: Date will coincide with the 210th anniversary of the installation of the First National Congress". Latercera. Retrieved 28 August 2024.
- "DISPONE MEDIDAS SANITARIAS QUE INDICA POR BROTE DE COVID-19 EN LO RELATIVO A LA PRIMERA SESIÓN DE INSTALACIÓN DE LA CONVENCIÓN CONSTITUCIONAL". Ley Chile. Retrieved 28 August 2024.
- "Constitutional Convention ratified its general regulations: includes a two-thirds quorum". Cooperativa.cl. 14 September 2021. Retrieved 28 August 2024.
- Sepulveda, Andres. "Draft of the New Constitution". Radio Pauta. Retrieved 28 August 2024.
- Lara, Emilio (4 September 2022). "Chile rejects progressive, ecological Constitution drafted by left-leaning body with gender parity". biobiochile.cl. Retrieved 29 August 2024.
- Martinez, Roberto (4 September 2022). "Historic turnout in the plebiscite: more than 13 million voters, corresponding to 85.7% of the electoral roll". Latercera. Retrieved 29 August 2024.
- Espinoza, Gustavo (7 September 2022). "The overwhelming data and figures left by the exit plebiscite". El Mostrador. Retrieved 29 August 2024.
- Velasquez Loaiza, Melissa (5 September 2022). "The reasons behind the rejection of Chile's new constitution and what comes next". CNN Latin America. Retrieved 29 August 2024.
- "Chile rejected the new Constitution: the five reasons why". Ambito. 5 September 2022. Retrieved 29 August 2024.
- ^ Constitutional Convention (4 July 2022). "Constitución Política De La República De Chile" [Proposed Political Constitution of the Republic of Chile] (PDF). Archived from the original (PDF) on 17 December 2023.
- La Borde, Antonia (4 July 2022). "Chile presents the first Constitution with gender equality and perspective". El Pais. Retrieved 4 September 2024.
- Sepulveda, Paulina (26 October 2020). "Chile at the forefront: the only country in the world to create a Constitution with gender parity". Latercera. Retrieved 4 September 2024.
- McGowan, Charis (14 May 2021). "A game-changing moment': Chile constitution could set new gender equality standard". The Guardian. Retrieved 4 September 2024.
- Constitutionalist (19 May 2022). "The difference of a parity democracy". Ciper Chile. Retrieved 4 September 2024.
- "Article 6". Proposal for the Political Constitution of the Republic of Chile of 2022. Retrieved 4 September 2024.
- "Article 161". Proposal for the Political Constitution of the Republic of Chile of 2022. Retrieved 4 September 2024.
- "Article 25:3". Proposal for the Political Constitution of the Republic of Chile of 2022. Retrieved 4 September 2024.
- "Article 27". Proposal for the Political Constitution of the Republic of Chile of 2022. Constitutional Convention. Retrieved 4 September 2024.
- "Article 312". Proposal for the Political Constitution of the Republic of Chile of 2022. Constitutional Convention. Retrieved 4 September 2024.
- "Article 61". Proposal for the Political Constitution of the Republic of Chile of 2022. Constitutional Convention. Retrieved 4 September 2024.
- La Borde, Antonia (4 July 2022). "Chile presents the first Constitution with gender equality and perspective". El Pais. Retrieved 4 September 2024.
- ^ "Article 45". Proposal for the Political Constitution of the Republic of Chile. Constitutional Convention. Retrieved 4 September 2024.
- ^ "Article 10". Proposal for the Political Constitution of the Republic of Chile. Constitutional Convention. Retrieved 6 September 2024.
- "Article 25". Proposal for the Political Constitution of the Republic of Chile. Constitutional Convention. Retrieved 6 September 2024.
- "Article 6". Proposal for the Political Constitution of the Republic of Chile. Constitutional Convention. Retrieved 4 September 2024.
- Porta, Patricio (20 July 2022). "He is gay, a rural doctor and a key figure in the Chilean Convention: "The challenge is to show that those under 40 can lead processes"". Infobae. Retrieved 6 September 2024.
- Rodriguez Mega, Emiliano (11 November 2019). "What the protests and violence in Chile mean for science". Nature. Retrieved 6 September 2024.
- Zahler, Andres; Balbontin, Rodrigo (17 October 2020). "Science, technology and innovation budget: untreated myopia". Retrieved 9 September 2024.
- Hidalgo, M Cecilia; Huerta, Luis; Pereira, Eduardo; Sierralta, Jimena; Torres, Soledad; Maass, Alejandro. "Chile needs more science and investment". El Mostrador. Retrieved 9 September 2024.
- "Jorge Babul: "The heart of the nation is the researchers and they have been abandoned"". Diario UCHILE. 25 November 2020. Retrieved 9 September 2024.
- Murray, Marjorie; Risor, Helene (11 February 2019). "Thinking with people: a slow, autonomous and committed social science in Chile". Ciper. Retrieved 9 September 2024.
- Bastias, Adriana; Riobo, Enrique; Baez, Ximena; Castillo, Leonardo (1 September 2021). "What has been achieved and what is to come. Regarding the Commission on knowledge, science, technology, culture, art and heritage". Diario UCHILE. Retrieved 10 September 2024.
- Toro, Samuel (11 September 2021). "The importance of the Knowledge, Science, Technology, Culture, Art and Heritage Commission". el Mostrador. Retrieved 10 September 2024.
- "Proposal for the Political Constitution of the Republic of Chile of 2022". Article 35. Retrieved 11 September 2024.
- "Proposal for the Political Constitution of the Republic of Chile of 2022". Article 37. Retrieved 11 September 2024.
- ^ "Proposal for the Political Constitution of the Republic of Chile of 2022". Article 97. Retrieved 11 September 2024.
- "Proposal for the Political Constitution of the Republic of Chile of 2022". Article 98. Retrieved 11 September 2024.
- "Proposal for the Political Constitution of the Republic of Chile of 2022". Article 96. Retrieved 11 September 2024.
- "Proposal for the Political Constitution of the Republic of Chile of 2022". Article 86. Retrieved 11 September 2024.
- "Proposal for the Political Constitution of the Republic of Chile of 2022". Article 90. Retrieved 11 September 2024.
- "Proposal for the Political Constitution of the Republic of Chile of 2022". Article 127. Retrieved 11 September 2024.
- "Proposal for the Political Constitution of the Republic of Chile of 2022". Article 132. Retrieved 11 September 2024.
- "Proposal for the Political Constitution of the Republic of Chile of 2022". Article 135. Retrieved 11 September 2024.
- "Proposal for the Political Constitution of the Republic of Chile of 2022". Article 147. Retrieved 11 September 2024.
- "Proposal for the Political Constitution of the Republic of Chile of 2022". Article 178. Retrieved 12 September 2024.
- "Proposal for the Political Constitution of the Republic of Chile of 2022". Article 220. Retrieved 12 September 2024.
- "Proposal for the Political Constitution of the Republic of Chile of 2022". Article 240. Retrieved 12 September 2024.
- Rodriguez Mega, Emiliano (28 July 2022). "Chile proposes new constitution steeped in science". Nature. Retrieved 12 September 2024.
- Astudillo Besnier, Pablo (11 August 2022). "Does science benefit from the proposed new constitution?". El Mostrador. Retrieved 12 September 2024.
- "Estimates of the Direct Fiscal Cost of the Proposed New Constitution". UC School of Economics and Administration. Institute of Economics. Retrieved 12 September 2024.
- Montes, Rocio (27 October 2020). "Chile distances itself from Latin America and criticizes its presidential model of government". el Pais. Retrieved 14 September 2024.
- Andrea, Cecilia (30 June 2021). "Anticipation of the Convention: Towards semi-presidentialism?". Radio Pauta 100.5. Retrieved 14 September 2024.
- ^ "The system of government in the draft of the new constitution: Missed opportunity?". Plataforma Constitucional. Retrieved 14 September 2024.
External links
Works related to es:Propuesta de Constitución Política de la República de Chile de 2022 at Wikisource
