Chile 2022 Draft Constitution

Preamble

We, 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

1. Chile is a social and democratic State based on the rule of law. It is plurinational, intercultural, regional and ecological.
2. 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.
3. 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

1. 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.
2. 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

1. Chile recognizes the coexistence of diverse peoples and nations within the framework of the unity of the State.
2. 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.
3. 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

1. 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.
2. 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.
3. 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.
4. 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

1. 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.
2. 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

1. The national emblems of Chile are the flag, the coat of arms and the national anthem.
2. The State recognizes the symbols and emblems of indigenous peoples and nations.

Article 14

1. 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.
2. 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.
3. 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

1. 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.
2. The State must prevent, investigate, punish and make full reparation for human rights violations.

Article 16

1. 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.
2. 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.
3. 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.
4. 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.