Article 2
1. Sovereignty resides in the people of Chile, made up of
various nations. It is exercised democratically, directly and
representatively, recognizing human rights as a limit as an
attribute that derives from human dignity.
2. No individual or sector of the people can attribute its
exercise.
Article 3
Chile, in its geographical, natural, historical and cultural
diversity, forms a unique and indivisible territory.
Article 4
People are born and remain free, interdependent and equal in
dignity and rights.
1. Chile recognizes the coexistence of various 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 may be recognized in the
manner established by law.
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 holders and their effective
participation in the exercise and distribution of power,
incorporating their political representation in elected bodies. 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 dissidence 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 constitutional
self-employed, the superiors and directors of the Administration,
as well as the directories of public and semi-public companies,
must have a joint composition that ensures that, at least, fifty
percent of their members are women.
3. The State will promote equal integration in its other
institutions and in all public and private spaces and will adopt
measures for the representation of people of diverse genders
through the mechanisms established by law.
4. The powers and bodies 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 incorporate the
gender approach transversally 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 will
promote cooperation, harmonious integration and adequate and fair
development among the various territorial entities.
Article 8
Individuals and peoples are interdependent with nature and form an
inseparable whole with it. The State recognizes and promotes good
living as a relationship of harmonious balance between people,
nature and the organization of society.
Article 9
The State is secular. In Chile, freedom of religion and spiritual
beliefs are respected and guaranteed. No religion or belief is the
official one, without prejudice to its recognition and free
exercise, which has no other limitation 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 filiative or consanguineous ties, and guarantees them
a decent life.
Article 11
The State recognizes and promotes intercultural, horizontal and
cross-cutting dialogue between the diverse worldviews of the
peoples and nations that coexist in the country, with dignity and
reciprocal respect. The exercise of public functions must
guarantee the institutional mechanisms and the promotion of public
policies that favor the recognition and understanding of ethnic
and cultural diversity, overcoming existing asymmetries in the
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 the 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 promoting and respecting
democracy, the recognition and protection of human rights,
inclusion, gender equality, social justice, respect for nature,
peace, coexistence and the peaceful resolution of conflicts and
with 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
zone in its international relations. It is committed to
maintaining the region as a zone of peace and free of violence;
promotes regional, political, social, cultural, economic and
productive integration among States, and facilitates cross-border
contact and cooperation between indigenous peoples.
Article 15
1. The rights and obligations established in the international
human rights treaties ratified and in force in Chile, the general
principles of international human rights law and customary
international law on the same matter form an integral part of this
Constitution and enjoy legal status. constitutional.
2. The State must comprehensively prevent, investigate, punish and
repair human rights violations.
Article 16
1. The State is founded on the principle of constitutional
supremacy and respect for human rights. The precepts of this
Constitution bind every person, group, authority or institution.
2. The organs of the State and their owners and members act after
regular investiture and submit their actions to the Constitution
and the regulations issued in accordance with it, within the
limits and powers established by them.
3. No judiciary, person or group of persons, civil or military,
may attribute to themselves any other authority, competence or
rights than those expressly conferred upon them by virtue of the
Constitution and the laws, not even on the pretext of
extraordinary circumstances.
4. Any act in contravention of this article is null and will
originate the responsibilities and sanctions that the law
indicates. The annulment action shall be exercised within the
terms and conditions established by this Constitution and the law.
CHAPTER II
FUNDAMENTAL RIGHTS AND GUARANTEES
Article 17
1. Fundamental rights are inherent to the human person, universal,
inalienable, indivisible and interdependent.
2. 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
1. Natural persons are holders of fundamental rights. The rights
may be exercised and demanded individually or collectively.
2. Indigenous peoples and nations are holders of fundamental
collective rights.
3. Nature is the holder of the rights recognized in this
Constitution that are applicable to it.
Article 19
1. 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.
2. For their protection, people enjoy effective, timely, pertinent
and universal guarantees.
3. Every person, institution, association or group must respect
fundamental rights, in accordance with the Constitution and the
law.
Article 20
1. The State must adopt all necessary measures to progressively
achieve the full satisfaction of fundamental rights. None of them
may have a regressive nature that unjustifiably diminishes,
impairs or prevents their exercise.
2. The financing of state benefits linked to the exercise of
fundamental rights will tend towards progressivity.
Article 21
1. Every person has the right to life and personal integrity. This
includes physical, psychosocial, sexual and affective integrity.
2. No person may be sentenced to death or executed, subjected to
torture, or cruel, inhuman or degrading treatment or punishment
Article 22
No person will be subjected to enforced disappearance. Every
victim has the right to be searched and the State will have all
the necessary means to do so.
Article 23
No person who resides in Chile and who meets the requirements
established in this Constitution and the laws may be banished,
exiled, relegated or subjected to forced displacement.
Article 24
1. The victims and the community have the right to clarify and
know the truth regarding serious human rights violations,
especially when they constitute crimes against humanity, war
crimes, genocide or territorial dispossession.
2. Forced 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 ineligible for amnesty.
3. The State is obliged 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 will not be subject
to any impediment.
4. Victims of human rights violations have the right to
comprehensive reparation.
5. The State guarantees the right to memory and its relationship
with the guarantees of non-repetition and the rights to truth,
justice and comprehensive reparation. It is the duty of the State
to preserve memory and guarantee access to archives and documents,
in their different media and contents. Memory sites and memorials
are subject to special protection and their preservation and
sustainability is ensured.
Article 25
1. 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. All forms of
slavery are prohibited.
2. The State guarantees all people substantive equality, as a
guarantee of the recognition, enjoyment and exercise of
fundamental rights, with full respect for diversity, social
inclusion and integration.
3. The State ensures gender equality for women, girls, diversities
and sexual and gender dissidence, both in the public and private
spheres.
4. All forms of discrimination are prohibited, especially when
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, belonging to 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, affiliation or social condition, and
any other that has the purpose or result of annulling or
undermining human dignity, the enjoyment and exercise of rights.
5. The State shall adopt all necessary measures, including
reasonable adjustments, to correct and overcome the disadvantage
or subjugation of a person or group. The law will determine the
measures of prevention, prohibition, sanction and repair of all
forms of discrimination, in the public and private spheres, as
well as the mechanisms to guarantee substantive equality. The
State must especially take into consideration the cases in which
more than one category, condition or reason converge, with respect
to a person.
.
Article 26
1. Children and adolescents are holders of the rights established
in this Constitution and in international human rights treaties
ratified and in force in Chile.
2. 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
comprehensive development and their right to be heard and to
participate and influence in all matters that affect them, to the
degree that corresponds to their level of development in family,
community and social life.
3. Children and adolescents have the right to live in family and
environmental conditions that allow the full and harmonious
development of their personality. The State must ensure that they
are not separated from their families except as a temporary
measure and last resort in safeguarding their best interests, in
which case family foster care will be prioritized over residential
care, and it must adopt the necessary measures to ensure their
welfare and safeguard the exercise of their rights.
4. They also have the right to protection against all forms of
violence, mistreatment, abuse, exploitation, harassment and
negligence. The eradication of violence against children is of the
highest priority for the State and for this 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.
5. The law will establish a system of comprehensive protection of
guarantees for the rights of girls, boys and adolescents, through
which it will 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 effective promotion and protection of their rights. The
State will ensure through this system that, in the event of a
threat or violation of rights, there are mechanisms for their
restitution, punishment and reparation.
Article 27
1. All women, girls, adolescents and people of sexual and gender
diversity and dissidence have the right to a life free of
gender-based violence in all its manifestations, both in the
public and private spheres, whether comes from individuals,
institutions or agents of the State.
2. The State must adopt the necessary measures to eradicate all
types of gender-based violence and the socio-cultural patterns
that make it possible, acting with due diligence to prevent,
investigate and punish it, as well as provide care, protection and
comprehensive reparation to the victims, especially considering
the situations of vulnerability in which they may find themselves.
Article 28
1. Persons with disabilities are holders of the rights established
in this Constitution and in international human rights treaties
ratified and in force in Chile.
2. All persons with disabilities have the right to enjoy and
exercise their 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.
3. The law will establish a national system through which policies
and programs will be developed, coordinated and executed to meet
their needs for work, education, housing, health and care. The law
will guarantee that the elaboration, execution and supervision of
said policies and programs have the active and binding
participation of persons with disabilities and the organizations
that represent them.
4. The law shall determine the necessary means to identify and
remove physical, social, cultural, attitudinal, communication and
other barriers to facilitate the exercise of their rights by
persons with disabilities.
5. The State guarantees the linguistic rights and cultural
identities of persons with disabilities, which include the right
to express themselves and communicate through their languages
and access to alternative mechanisms, media and forms of
communication. Likewise, it guarantees the linguistic autonomy of
deaf people in all areas of life.
Article 29
The State recognizes neurodiversity and guarantees neurodivergent
people 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 the international human
rights treaties and instruments ratified and in force in Chile.
Article 30
1. Any person subjected to any form of deprivation of liberty may
not suffer limitations of other rights than those strictly
necessary for the execution of the sentence.
2. The State must ensure decent treatment with full respect for
their human rights and those of their visitors.
3. Women and pregnant people have the right, before, during and
after childbirth, to access the health services they require,
breastfeeding and direct and permanent bond with their daughter or
son, taking into consideration the best interests of girls, boys
and adolescents.
4. No person deprived of liberty may be subjected to torture or
other cruel, inhuman or degrading treatment, or forced labor.
Likewise, they may not be subjected to isolation or incommunicado
detention as a disciplinary sanction.
Article 31
1. Persons deprived of liberty have the right to make petitions to
the prison authority and to the sentence execution court for the
protection of their rights and to receive a timely response.
2. Likewise, they have the right to maintain communication and
personal, direct and regular contact with their support networks
and always with the people in charge of their legal advice.
Article 32
1. Every person deprived of liberty has the right to social
inclusion and integration. It is the duty of the State to
guarantee a penitentiary system oriented to this end.
2. The State will create organizations that, with civil and
technical personnel, guarantee the insertion and integration into
prison and post-penitentiary of persons deprived of liberty. The
security and administration of these venues will be regulated by
law.
Article 33
1. Older persons are holders of the rights established in this
Constitution and in international human rights treaties ratified
and in force in Chile.
2. Likewise, they have the right to age with dignity; to obtain
sufficient social security benefits for a decent life;
accessibility to the physical, social, economic, cultural and
digital environment; to political and social participation; to a
life free from mistreatment for reasons of age; to autonomy and
independence and to the full exercise of their legal capacity with
the corresponding supports 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; to self-government; to their own culture;
to identity and worldview; to heritage; to the tongue; to the
recognition and protection of their lands, territories and
resources, in their material and immaterial dimension and to the
special bond they maintain with them; to cooperation and
integration; to the recognition of its institutions, jurisdictions
and authorities, own or traditional; and to participate fully, if
they so wish, in the political, economic, social and cultural life
of the State.
Article 35
1. Every person has the right to education. Education is a primary
and unavoidable duty of the State.
2. Education is a process of training and permanent learning
throughout life, essential for the exercise of other rights and
for the country's scientific, technological, economic and cultural
activity.
3. Its purposes 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 comprehensive
development of people, considering their cognitive, physical,
social and emotional dimensions.
4. Education is governed by the principles of cooperation,
non-discrimination, inclusion, justice, participation, solidarity,
interculturality, a 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.
5. Education is oriented towards quality, understood as the
fulfillment of its goals and principles.
6. The law will establish the way in which these purposes and
principles must be materialized, under conditions of equity, in
educational institutions and in teaching processes.
7. Education is universally accessible at all levels and
compulsory from the basic level to secondary education inclusive.
Article 36
1. The National Education System is made up of nursery, basic,
secondary 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.
2. The State performs tasks of coordination, regulation,
improvement and supervision of the System. The law will determine
the requirements for the official recognition of these
establishments and institutions.
3. The establishments and institutions that comprise it are
subject to the common system established by law, are democratic in
nature, may not discriminate in their access, are governed by the
purposes and principles of this right and are prohibited from any
form of profit.
4. The National Education System promotes the diversity of
artistic, ecological, cultural and philosophical knowledge that
coexists in the country.
5. 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
purposes and principles of education, and within the framework of
the National Education System established by the Constitution.
law.
6. The State will provide additional opportunities and support to
people with disabilities and at risk of exclusion.
7. Public education constitutes 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 free and secular Public Education System, made up of
state establishments and institutions of all levels and
educational modalities.
8. The State must finance this System in a permanent, direct,
pertinent and sufficient manner through base contributions, in
order to fully and equitably comply with the purposes and
principles of education.
Article 37
1. The Higher Education System will be made up 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
community, regional and national needs. All forms of profit are
prohibited.
2. Higher education institutions have the mission of teaching,
producing and socializing knowledge. The Constitution protects
academic freedom, research and free discussion of the ideas of the
academics of the universities created or recognized by the State.
3. State higher education institutions are part of the Public
Education System and their financing will be subject to the
provisions of this Constitution, and must guarantee full
compliance with their functions of teaching, research and
collaboration with society.
4. In each region there will be, at least, a state university and
a higher level state professional technical training institution.
These will relate in a coordinated and preferential manner with
territorial entities and public services with a regional presence,
in accordance with local needs.
5. The State will ensure access to higher education for all
persons who meet the requirements established by law. 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 groups historically excluded and of
special protection, prohibiting any type of discrimination.
6. Higher education studies leading to degrees and initial
academic degrees will be free in public institutions and in those
private ones determined by law.
Article 38
It is the duty of the State to promote the right to lifelong
education through multiple training opportunities, within and
outside the National Education System, fostering various
opportunities for development and comprehensive learning for all
people.
Article 39
The State guarantees environmental education that strengthens the
preservation, conservation and care required with respect to the
environment and nature, and that allows for the formation of
ecological awareness.
Article 40
Every person has the right to receive a comprehensive sexual
education that promotes the full and free enjoyment of sexuality;
sexual-affective responsibility; autonomy, self-care and consent;
recognition of diverse identities and expressions of gender and
sexuality; eradicate gender stereotypes, and prevent gender and
sexual violence.
Article 41
1. Freedom of education is guaranteed and it is the duty of the
State to respect it.
2. This includes the freedom of mothers, fathers,
attorneys-in-fact, attorneys-in-fact and legal guardians to choose
the type of education for their dependents, respecting the best
interests and progressive autonomy of children and adolescents.
3. Teachers and educators are holders of academic freedom in the
exercise of their functions, within the framework of the purposes
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 the local and national
educational policy. The law will specify the conditions, bodies
and procedures that ensure their binding participation.
Article 43
1. The Constitution recognizes the fundamental role of teachers,
values and encourages the contribution of educators, educators,
educational assistants and traditional educators. As a whole, they
are key agents for guaranteeing the right to education.
2. The State guarantees the development of the pedagogical and
educational work of those who work in establishments and
institutions that receive public funds. Said guarantee includes
initial and continuous training, its reflective and collaborative
exercise and pedagogical research, in coherence with the
principles and purposes of education. Likewise, it protects the
stability in the exercise of their functions, ensuring optimal
working conditions and safeguarding their professional autonomy.
3. Preschool, basic and secondary education workers who work in
establishments that receive State resources shall enjoy the same
rights provided by law.
Article 44
1. Every person has the right to comprehensive health and
well-being, including its physical and mental dimensions.
2. 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.
3. 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.
4. The function of stewardship of the health system corresponds
exclusively to the State, including the regulation, supervision
and control of public and private institutions.
5. The National Health System is universal, public and integrated.
It is governed by the principles of equity, solidarity,
interculturality, territorial relevance, deconcentration,
efficiency, quality, opportunity, gender approach, progressivity
and non-discrimination.
6. Likewise, it recognizes, protects and integrates the practices
and knowledge of indigenous peoples and nations, as well as those
who teach them, in accordance with this Constitution and the law.
7. The National Health System may be made up of public and private
providers. The law will determine the requirements and procedures
for private providers to join this System.
8. It is the duty of the State to ensure the strengthening and
development of public health institutions.
9. The National Health System is financed through the nation's
general income. Additionally, the law may establish mandatory
contributions to employers, men and women workers for the sole
purpose of contributing jointly and severally to the financing of
this system. The law will determine the public body in charge of
the administration of all the funds of this system.
10. The National Health System incorporates actions of promotion,
prevention, diagnosis, treatment, empowerment, rehabilitation and
inclusion. Primary care constitutes the basis of this system and
the participation of communities in health policies and the
conditions for their effective exercise is promoted.
11. The State will generate mental health policies and programs
aimed at care and prevention with a community focus and will
progressively increase their financing.
Article 45
1. Every person has the right to social security, founded on the
principles of universality, solidarity, comprehensiveness, unity,
equality, sufficiency, participation, sustainability and
opportunity.
2. The law will establish a public social security system, which
grants protection in case of illness, old age, disability,
survival, maternity and paternity, unemployment, work accidents
and professional illnesses, and in the other social contingencies
of lack or reduction of means of subsistence or ability to work.
In particular, it will ensure benefit coverage for those who
perform domestic and care work.
3. The State defines the social security policy. This will be
financed by workers, male and female employers, through mandatory
contributions and general income of the nation. The resources with
which social security is financed may not be used for purposes
other than the payment of the benefits established by the system.
4. Trade unions and employers' organizations have the right to
participate in the direction of the social security system, in the
ways established by law.
Article 46
1. Every person has the right to work and their free choice. The
State guarantees decent work and its protection. This includes the
right to fair working conditions, to health and safety at work, to
rest, to enjoy free time, to digital disconnection, to the
guarantee of indemnity and to full respect for fundamental rights
in the context of work. .
2. Workers have the right to equitable, fair and sufficient
remuneration, which ensures their livelihood and that of their
families. In addition, they are entitled to equal pay for work of
equal value.
3. Any labor discrimination, arbitrary dismissal and any
distinction that is not based on job skills or personal
suitability is prohibited.
4. The State will generate public policies that allow reconciling
work, family and community life and care work.
5. The State guarantees respect for the reproductive rights of
working people, eliminating risks that affect reproductive health
and safeguarding the rights of maternity and paternity.
6. In the rural and agricultural sphere, the State guarantees fair
and dignified conditions in seasonal work, safeguarding the
exercise of labor and social security rights.
7. The social function of work is recognized. An autonomous body
must supervise and ensure the effective protection of workers and
trade union organizations.
8. All forms of job insecurity are prohibited, as well as forced,
humiliating or denigrating labour.
Article 47
1. Male and female workers, both in the public and private
sectors, have the right to freedom of association. This includes
the right to unionize, to collective bargaining and to strike.
2. Trade union organizations are the exclusive holders of the
right to collective bargaining, as the sole representatives of
workers before the employer or employers.
3. The right to unionize includes the power to form the union
organizations that they deem convenient, at any level, national
and international, to join and disaffiliate from them, to set
their own regulations, to outline their own goals and to carry out
their own activities. activity without the intervention of third
parties.
4. Trade union organizations enjoy legal personality by the sole
fact of registering their statutes in the manner prescribed by
law.
5. The right to collective bargaining is guaranteed. It is up to
the workers to choose the level at which said negotiation will
take place, including branch, sectoral and territorial
negotiation. The only limitations to the matters susceptible of
negotiation will be those concerning the inalienable minimums
established by law in favor of male and female workers.
6. The Constitution guarantees the right to strike for workers and
trade union organizations. The trade union organizations will
decide the scope of interests that will be defended through it,
which cannot be limited by law.
7. The law may not prohibit the strike. It may only exceptionally
limit it in order to attend to essential services whose paralysis
could affect the life, health or safety of the population.
8. Members of the police and the Armed Forces may not unionize or
exercise the right to strike.
Article 48
The workers and the workers, through their union organizations,
have the right to participate in the decisions of the company. The
law will regulate the mechanisms through which this right will be
exercised.
Article 49
1. The State recognizes that domestic and care work is socially
necessary and essential work 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.
2. 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
1. 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 guarantee that care
is worthy and carried out in conditions of equality and
co-responsibility.
2. The State guarantees this right through a Comprehensive Care
System, regulations and public policies that promote personal
autonomy and that incorporate human rights, gender and
intersectional approaches. The System has a state, parity,
supportive and universal character, with cultural relevance. Its
financing will be progressive, sufficient and permanent.
3. This System will pay special attention to infants, children and
adolescents, the elderly, people with disabilities, people in a
situation of dependency and people with serious or terminal
illnesses. Likewise, it will ensure the protection of the rights
of those who perform care work.
Article 51
1. Every person has the right to decent and adequate housing,
which allows the free development of a personal, family and
community life.
2. The State shall take the necessary measures to ensure its
universal and opportune enjoyment, contemplating, at least,
habitability, space and sufficient equipment, domestic and
community, for the production and reproduction of life, the
availability of services, the affordability, accessibility,
appropriate location, security of tenure, and cultural
appropriateness of housing, as required by law.
3. The State may participate in the design, construction,
rehabilitation, conservation and innovation of housing. In the
design of housing policies, it will particularly consider people
with low economic income or belonging to special protection
groups.
4. The State guarantees the creation of shelters in cases of
gender violence and other forms of violation of rights, as
determined by law.
5. The State guarantees the availability of the land necessary for
the provision of decent and adequate housing. Administers an
Integrated System of Public Lands with powers of prioritization of
use, management and disposal of public land for purposes of social
interest, and acquisition of private land, in accordance with the
law. Likewise, it will establish mechanisms to prevent speculation
in land and housing that is detrimental to the public interest, in
accordance with the law.
Article 52
1. The right to the city and to the territory is a collective
right aimed at 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.
2. By virtue of this, every person has the right to inhabit,
produce, enjoy and participate in cities and human settlements
free from violence and in appropriate conditions for a dignified
life.
3. It is the duty of the State to order, plan and manage the
territories, cities and human settlements; as well as establishing
rules for the use and transformation of the land, in accordance
with the general interest, territorial equity, sustainability and
universal accessibility.
4. The State guarantees protection and equitable access to basic
services, goods and public spaces; safe and sustainable mobility;
connectivity and road safety. Likewise, it promotes socio-spatial
integration and participates in the surplus value generated by its
urban planning or regulatory action.
5. 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
1. Right to live in safe and violence-free environments. It is the
duty of the State to equitably protect the exercise of this right
for all people, through a violence and crime prevention policy
that will especially consider the material, environmental, and
social conditions and the community strengthening of the
territories.
2. The actions of prevention, prosecution and punishment of
crimes, as well as the social reintegration of convicted persons,
will be carried out by the public bodies indicated by this
Constitution and the law, in a coordinated manner and with
unrestricted respect for human rights.
Article 54
1. It is the duty of the State to ensure food sovereignty and
security. For this, 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.
2. The State encourages ecologically sustainable agricultural
production.
3. Recognizes, encourages and supports peasant and indigenous
agriculture, harvesting and artisanal fishing, as fundamental
activities for food production.
4. Likewise, it promotes the culinary and gastronomic heritage of
the country.
Article 55
The State guarantees the right of peasants, peasants and
indigenous peoples and nations to the free use and exchange of
traditional seeds.
Article 56
1. Every person 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.
2. The State continuously and permanently guarantees the
availability and access to food that satisfies this right,
especially in geographically isolated areas.
Article 57
1. Everyone has the human right to sufficient, healthy,
acceptable, affordable and accessible water and sanitation. It is
the duty of the State to guarantee it for current and future
generations.
2. The State watches over the satisfaction of this right by
attending to the needs of people in their different contexts.
Article 58
The Constitution recognizes the traditional use of waters located
in indigenous territories or indigenous territorial autonomies by
indigenous peoples and nations. It is the duty of the State to
guarantee its protection, integrity and supply.
Article 59
1. Every person has the right to a vital minimum of affordable and
safe energy.
2. The State guarantees equitable and non-discriminatory access to
energy that allows people to satisfy their needs, ensuring the
continuity of energy services.
3. Likewise, it regulates and promotes a distributed,
decentralized and diversified energy matrix, based on renewable
energies with low environmental impact.
4. Energy infrastructure is in the public interest.
5. The State promotes and protects cooperative energy companies
and self-consumption.
Article 60
1. Every person has the right to sports, physical activity and
body practices. The State guarantees the exercise of it in its
different dimensions and disciplines, whether recreational,
educational, competitive or high performance. To achieve these
objectives, differentiated policies may be considered.
2. The State recognizes the social function of sport, as it allows
collective participation, associativity, integration and social
inclusion, as well as the maintenance and improvement of health.
The law will ensure the involvement of people and communities with
the practice of sport. Children and adolescents will 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.
3. The law will regulate and establish the principles applicable
to public or private institutions whose purpose is the management
of professional sports as a social, cultural and economic
activity, and must guarantee democracy and the binding
participation of their organizations.
Article 61
1. Every person is entitled to 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.
2. 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 it, ensuring all women and people with the
capacity to gestate the conditions for a pregnancy, a voluntary
interruption of pregnancy, a voluntary childbirth and motherhood
and protected. Likewise, it guarantees its exercise free of
violence and interference by third parties, whether individuals or
institutions.
3. The law will regulate the exercise of these rights.
4. The State recognizes and guarantees the right of people to
benefit from scientific progress to exercise these rights in a
free, autonomous and non-discriminatory manner.
Article 62
Every person has the right to personal autonomy, to the free
development of their personality, identity and their life
projects.
Article 63
Slavery, forced labor, servitude and human trafficking in any of
its forms are prohibited. The State shall adopt a policy of
prevention, punishment and eradication of said practices.
Likewise, it will guarantee the protection, full restoration of
rights, remediation and social reintegration of the victims.
Article 64
1. Every person 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.
2. The State guarantees its exercise through laws, affirmative
actions and procedures.
Article 65
1. Indigenous peoples and nations and their members have the right
to identity and cultural integrity and to recognition and respect
for their own worldviews, ways of life and institutions.
2. Forced assimilation and the destruction of their cultures are
prohibited.
Article 66
Indigenous peoples and nations have the right to be consulted
prior to the adoption of administrative and legislative measures
that affect them.
The State guarantees the means for their effective participation,
through its representative institutions, in advance and freely,
through appropriate, informed and good faith procedures
Article 67 1. Every
person has the right to freedom of thought, conscience, religion
and worldview. This right includes the freedom to profess and
change religion or beliefs and their free exercise in public or
private spaces, through worship, the celebration of rites,
spiritual practices and teaching.
2. It also includes the power to erect temples, dependencies and
places of worship; maintain, protect and access sacred and
spiritually relevant places; and rescue and preserve objects of
worship or that have a sacred meaning.
3. The State recognizes spirituality as an essential element of
the human being.
4. Religious and spiritual groups can organize themselves as
legal entities, all forms of profit are prohibited and their
assets must be managed in a transparent manner in accordance
with the law, respecting the rights, duties and principles
established by this Constitution.
Article 68
1. Every person has the right to a dignified death.
2. The Constitution guarantees the right of people to make free
and informed decisions about their care and treatment at the end
of their life.
3. The State guarantees access to palliative care for all people
with advanced, progressive and life-limiting chronic diseases,
especially vulnerable groups and those at social risk.
4. The law shall regulate the conditions to guarantee the exercise
of this right, including access to information and adequate
accompaniment.
Article 69
Every person has the right to freedom of movement and free
movement, to reside, stay 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
1. Everyone has the right to personal, family and community
privacy. No person or authority may affect, restrict or prevent
the exercise of it, except in the cases and forms determined by
law.
2. Private premises are inviolable. Entry, search or search may
only be carried out with a prior court order, except in cases of
flagrante delicto established by law.
3. All documentation and private communication is inviolable,
including its metadata. The interception, capture, opening, search
or review can only be carried out with a prior court order.
Article 71
1. Every person has the right to seek and receive asylum and
refuge. A law will regulate the procedure for requesting and
recognizing refugee status, as well as the specific guarantees and
protections established in favor of asylum seekers or refugees.
2. No asylum-seeker or refugee shall be forcibly returned to a
State where they risk persecution, serious human rights
violations, or their life or liberty may be threatened.
Article 72
1. Every person has the right to associate without prior
permission.
2. 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.
3. To enjoy legal personality, associations must be constituted in
accordance with the law.
4. The law may impose specific restrictions on the exercise of
this right with respect to the police and the Armed Forces.
Article 73
1. The State recognizes the social, economic and productive role
of cooperatives and encourages their development, in accordance
with the principle of mutual aid.
2. Cooperatives may be grouped into federations, confederations or
other forms of organization. The law will regulate its creation
and operation, guaranteeing its autonomy, and will preserve,
through the corresponding instruments, its nature and purposes.
Article 74
Professional associations are national and autonomous public law
corporations that 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 others
established by law.
Article 75
1. Everyone has the right to peacefully assemble and demonstrate
in private and public places without prior permission.
2. Meetings in places of public access may only be restricted in
accordance with the law.
Article 76
1. Every person has the right to present petitions, statements or
claims before any State authority.
2. The law will regulate the terms and the manner in which the
authority must respond to the request, in addition to the manner
in which the principle of multilingualism in the exercise of this
right will be guaranteed.
Article 77
Every person has the right to access, search, request, receive and
disseminate public information from any State body or entities
that provide public utility services, in the manner and under the
conditions established by law.
Article 78
1. Every person, natural or legal, has the right to property in
all its species and over all kinds of goods, except those that
nature has made common to all people and those that the
Constitution or the law declare inappropriate.
2. It will correspond to the law to determine the way of acquiring
the property, its content, limits and duties, in accordance with
its social and ecological function.
3. No person can be deprived of his property, except by virtue of
a law that authorizes expropriation for reasons of public utility
or general interest declared by the legislator.
4. The owner or owner always has the right to be compensated for
the fair price of the expropriated property.
5. Payment must be made prior to taking physical possession of the
expropriated asset 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 law.
6. Whatever the cause invoked to carry out the expropriation, it
must always be duly founded.
Article 79
1. The State recognizes and guarantees, in accordance with the
Constitution, the right of indigenous peoples and nations to their
lands, territories and resources.
2. Ownership of indigenous lands enjoys special protection. The
State will establish effective legal instruments for its cadastre,
regularization, demarcation, titling, repair and restitution.
3. The restitution constitutes a preferential mechanism of
reparation, of public utility and general interest.
4. 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 found in their
territories and are essential for their collective existence.
Article 80
1. Every person, natural or legal, has the freedom to undertake
and develop economic activities. The exercise of it must be
compatible with the rights enshrined in this Constitution and the
protection of nature.
2. 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
1. Every person has the right, as a consumer or user, to free
choice, to truthful information, not to be discriminated against,
to safety, to the protection of their health and the environment,
to adequate reparation and compensation. and education for
responsible consumption.
2. The State shall protect the exercise of these rights, through
effective procedures and a body with interpretive, supervisory,
sanctioning and other powers granted by law.
Article 82
1. 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.
2. There will be no prior censorship, but only the subsequent
responsibilities determined by law.
Article 83
1. Every person has the right to produce information and
participate equally in social communication. The right to found
and maintain means of communication and information is recognized.
2. The State will respect the freedom of the press and will
promote the pluralism of the communications media and the
diversity of information.
3. Any person offended or unfairly alluded to by a means of
communication and information has the right to have their
clarification or rectification disseminated free of charge by the
same medium in which it was issued. The law shall regulate the
exercise of this right, with respect to freedom of expression.
Article 84
The State encourages the creation of communication and information
media and their development at the regional, local and community
levels and prevents the concentration of their ownership. In no
case can a state monopoly be established over them. The protection
of this precept shall correspond to the law.
Article 85
1. There will be public communication and information media, in
different technological supports, that respond to the
informational, educational, cultural and entertainment needs of
the various groups of the population.
2. These media will be pluralistic, decentralized and will be
coordinated among themselves. Likewise, they will enjoy
independence from the Government and will have public financing
for their operation. The law will regulate its organization and
the composition of its boards, which will be guided by technical
and suitability criteria.
Article 86
1. Every person has the right to universal access to digital
connectivity and information and communication technologies.
2. The State guarantees free, equitable and decentralized access,
with adequate and effective conditions of quality and speed, to
basic communication services.
3. 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 will regulate
the way in which the State will fulfill this duty.
4. The State has the obligation to overcome the gaps in access,
use and participation in the digital space and in its devices and
infrastructures.
5. The State guarantees compliance with the principle of net
neutrality. The obligations, conditions and limits in this matter
will be determined by law.
6. The telecommunications infrastructure is independent of its
patrimonial regime. of public interest,
7. It will correspond to the law to determine the use and
exploitation of the radioelectric spectrum.
Article 87
1. Every person has the right to informative self-determination
and the protection of personal data. This right includes the power
to know, decide and control the use of the data that concerns you,
access, be informed and oppose the treatment of them, and obtain
their rectification, cancellation and portability, without
prejudice to other rights established by law.
2. The processing of personal data may only be carried out in the
cases established by law, subject to the principles of legality,
loyalty, quality, transparency, security, purpose limitation and
data minimization.
Article 88
Everyone has the right to the protection and promotion of computer
security. The State and individuals must adopt the appropriate and
necessary measures to guarantee the integrity, confidentiality,
availability and resilience of the information contained in the
computer systems they manage, except in cases expressly indicated
by law.
Article 89
1. Every person has the right to participate in a digital space
free of violence. The State will develop actions of prevention,
promotion, reparation and guarantee of this right, granting
special protection to women, girls, boys, adolescents and
diversities and sexual and gender dissidence.
2. The obligations, conditions and limits in this matter shall be
determined by law.
Article 90
Every person 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
Every person has the right to leisure, to rest and to enjoy free
time.
Article 92
1. Every person and community has the right to freely participate
in cultural and artistic life and to enjoy its various
expressions, goods, services and institutions. You have the right
to freedom to create and spread cultures and arts, as well as to
enjoy their benefits.
2. Likewise, they have the right to cultural identity and to learn
about and be educated in different cultures.
3. Equally, you have the right to use public spaces to develop
cultural and artistic expressions and manifestations, with no
other limitations than those established by law.
4. The State promotes, encourages and guarantees the harmonious
interrelation and respect for all symbolic, cultural and heritage
expressions, whether material or immaterial, and the access,
development and dissemination of cultures, arts and knowledge,
attending to the cultural diversity in all its manifestations and
contributions, under the principles of collaboration and
interculturality.
5. In addition, it must generate the instances for society to
contribute to the development of cultural and artistic creativity,
in its most diverse expressions.
6. 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 recognizes 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. Likewise, it will
encourage the creation and strengthening of public and community
libraries.
Article 95
1. The Constitution guarantees every person the protection of
copyrights over their intellectual, scientific and artistic works.
These include the moral and patrimonial rights over them, in
accordance and for the time indicated by law, which will not be
less than the life of the author.
2. The protection of the rights of interpreters or performers over
their interpretations or performances is ensured, in accordance
with the law.
Article 96
1. Every person has the right to participate freely in the
creation, development, conservation and innovation of the various
knowledge systems and in the transfer of their applications, as
well as to enjoy their benefits.
2. The State recognizes and encourages the development of the
various knowledge systems in the country, considering their
different cultural, social and territorial contexts. Likewise, it
promotes its equitable and open access, which includes the
exchange and communication of knowledge to society in the widest
possible way.
3. 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 guarantee its exercise.
Article 97
1. The Constitution guarantees freedom of investigation.
2. 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.
3. The State will generate, in an independent and decentralized
manner, the conditions for the development of transdisciplinary
scientific research in matters relevant to safeguarding the
population's quality of life and 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.
4. 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
The sciences and technologies, their applications and
investigative 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
1. The National Bioethics Council 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
suppression of norms that regulate said matters.
2. The law shall regulate the composition, functions, organization
and other aspects of this body.
Article 100
Every person and people has the right to communicate in their own
language or languages and to use them in all spaces. No person
or group will be discriminated against for linguistic reasons.
Article 101
The State recognizes and protects the natural and cultural,
material and immaterial heritage and guarantees its conservation,
revitalization, increase, safeguard and transmission to future
generations, regardless of the legal regime and ownership of said
assets. Likewise, it promotes its dissemination and education.
Article 102
1. The State, together with the indigenous peoples and nations,
shall adopt positive measures for the recovery, revitalization and
strengthening of the indigenous cultural heritage.
2. Likewise, it recognizes the linguistic heritage constituted by
the different indigenous languages of the national territory,
which are the object of revitalization and protection, especially
those that are vulnerable.
3. Indigenous peoples and nations have the right to obtain the
repatriation of their cultural objects and human remains. The
State will adopt effective mechanisms for their restitution and
repatriation. In turn, it guarantees access to their heritage,
including objects of their culture, human remains and culturally
significant sites for their development.
Article 103
1. Nature has the right to respect and protection of its
existence, regeneration, maintenance and restoration of its
dynamic functions and balances, which include natural cycles,
ecosystems and biodiversity.
2. The State must guarantee and promote the rights of nature.
Article 104
Every person has the right to a healthy and ecologically balanced
environment.
Article 105
Every person has the right to clean air throughout their life
cycle.
Article 106
The law may establish restrictions on the exercise of certain
rights to protect the environment and nature.
Article 107
1. Every person has the right of responsible and universal access
to the mountains, riverbanks, sea, beaches, lakes, lagoons and
wetlands.
2. The exercise of this right, the obligations of neighboring
owners, the applicable liability regime and access to other
natural spaces, shall be established by law.
Article 108
1. Every person has the right to full access to justice and to
request from the courts of justice the effective protection of
their rights and legitimate interests, in a timely and effective
manner, in accordance with the principles and standards recognized
in the Constitution and the laws.
2. It is the duty of the State to remove the social, cultural and
economic obstacles that prevent or limit the possibility of
resorting to the jurisdictional bodies for the protection and
exercise of their rights.
3. The courts must provide adequate attention to those who present
petitions or queries before them, always granting a dignified and
respectful treatment, in accordance with the law.
4. The State ensures the right to free and comprehensive legal
advice, by lawyers authorized to practice the profession, to any
person who cannot obtain it on their own, in the cases and in the
manner established by the Constitution. And the law.
5. It is the duty of the State to grant 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, you must try to create all the
necessary conditions for the protection of your rights.
6. The State must guarantee that the bodies involved in the
process respect and promote the right to access justice with an
intercultural perspective.
7. People have the right to specialized legal assistance,
interpreters, intercultural facilitators and consultative expert
opinions, when they so require and cannot provide it themselves.
8. The State guarantees access to environmental justice.
Article 109
1. Every person has the right to a reasonable and fair process in
which the guarantees indicated in this Constitution, in the law
and in the international treaties ratified and in force in Chile
are safeguarded.
2. Said process will be carried out before the competent,
independent and impartial court, previously established by law.
3. Every person has the right to be heard and judged under equal
conditions and within a reasonable time.
4. The sentences will be founded, ensuring the origin of an
adequate and effective remedy before the court determined by law.
5. Every person has the right to a legal defense and no authority
or individual may prevent, restrict or disturb the due
intervention of the lawyer.
6. In the processes in which girls, boys and adolescents
intervene, their identity must be safeguarded.
7. The principles of probity and transparency will be applicable
to all persons exercising jurisdiction in the country. The law
will establish the corresponding responsibilities in case of
violation of this provision.
8. The Constitution ensures the assistance and adjustments to
procedures necessary and appropriate to the age or disability of
the people, as appropriate, in order to allow them their due
participation in the process.
9. Judicial procedures shall be established by law.
Article 110
1. No person may be arbitrarily deprived of his liberty or be
restricted, except in the cases and in the manner determined by
the Constitution and the law.
2. No person may be arrested or detained except by judicial order,
unless caught in flagrante delicto.
3. The person arrested or detained must be brought before the
competent court within a maximum period of twenty-four hours. He
must be immediately and comprehensibly informed of his rights and
the reasons for his deprivation of liberty. He will have the right
to communicate with his lawyer or with whomever he deems
pertinent.
4. No person may be arrested or detained, subject to preventive
detention or imprisoned, except at home or in public places
designated for this purpose. Your income must be recorded in a
public record.
5. Detention for debts is prohibited, except in the event of
non-compliance with food duties.
Article 111
Every person has the right to the following criminal procedural
guarantees
minimum:
a) That any action of the investigation or procedure that
deprives,
restricts or disturbs the exercise of the rights guaranteed by the
Constitution requires prior judicial authorization.
b) Know the background of the investigation carried out against
him, except
the exceptions that the law indicates.
c) That his innocence be presumed as long as there is no sentence
firm conviction issued against him.
d) That criminal liability is not presumed by law.
e) Be informed, without delay and in detail, of their rights and
cause
of the investigation carried out against him.
f) Remain silent and not be forced to testify against oneself or
admit
your responsibility. They may not be compelled to testify against
the
imputed their ascendants, descendants, spouse, civil cohabitant
and
other persons specified by law.
g) That their freedom be the general rule. Personal precautionary
measures
are exceptional, temporary and proportional, and the regular law
must
cases of origin and requirements.
h) Not be subjected to a new procedure, investigation or
prosecution
criminal offense for the same act for which he was convicted,
acquitted or definitively dismissed by final judgment.
i) Be sanctioned proportionally to the offense committed.
j) That the penalty of confiscation of property not be imposed,
without prejudice to the
confiscation in the cases established by law.
k) That the loss of social security rights not be imposed as a
penalty.
l) That the detention or internment of adolescents be used only in
a
exceptionally and for the shortest possible period and in
accordance with
established in this Constitution, the law and the international
treaties of
human rights ratified and in force in Chile.
Article 112
1. No person may be sentenced for actions or omissions that when
they occur do not constitute a crime according to the legislation
in force at that time.
2. No crime shall be punished with a penalty other than that
established by a law that came into force prior to its commission,
unless a new law favors the accused.
3. No law may establish penalties without the conduct that is
punished being clearly and precisely described in it.
4. The provisions of this article will also be applicable to
security measures.
Article 113
1. A decentralized body of a technical nature, called the
Comprehensive Service for Access to Justice, will have the function
of providing advice, defense and quality legal representation to
people, as well as providing professional psychological and social
support in appropriate cases. .
2. The law will determine the organization, service areas,
composition and staffing of the Comprehensive Access to Justice
Service, considering a territorially decentralized deployment.
