Environmental Protection and Legal Equality in Chile
Duty of State: Environmental Conservation
The Constitution imposes on the State the duty to ensure the conservation and preservation of nature and environmental heritage. This is executed through various bodies, most importantly CONAMA (National Environmental Commission), which ensures sustainable economic development compatible with environmental requirements.
Environmental Impact Assessment
Projects must undergo environmental impact assessments by COREMA (Regional Environmental Commission). The challenge lies in balancing environmental protection with development.
Restricting Fundamental Rights
Fundamental rights can be limited to protect the environment, provided:
- Limitation is legally established.
- The law specifies the right being limited.
- The law establishes the constraint.
- The restriction doesn’t affect the essence of the right.
Case Example: Vehicle Restriction
Until 2001, restrictions applied only to vehicles without catalytic converters. Due to severe pollution, restrictions were extended via decree. The Constitutional Court prioritized the right to life and health, validating the decree despite procedural concerns.
Protection Application
Before 2005 Reform
Protection applications against environmental damage were inefficient. They required proving the act was both illegal and arbitrary, hindering enforcement.
After 2005 Reform
Actions can be brought against both acts and omissions. Illegality alone is sufficient, easing the burden of proof.
Features of Protection Application
- Must target the responsible official or authority.
- Incorrect specification of contamination or responsible party doesn’t invalidate the application.
Equality Articles
Art. 1: Equality in Dignity and Rights
People are born free and equal, regardless of race, language, or social status. However, disparities arise due to life circumstances, necessitating equal opportunities.
Legal Equality (Art. 19N 2, 3; 20; 17)
Equality Before the Law
Requires no arbitrary discrimination in legal rules. Differential treatment is permissible if justified by reason, justice, and common good.
Arbitrary Difference
Occurs when differentiation lacks a foundation of reason, justice, or common good, or is disproportionate to the aim pursued.
Equality in Justice (Art. 19N 3)
Ensures everyone is tried without arbitrary discrimination in applying substantive and procedural laws.
Equal Protection of Rights
Guarantees the right to enforce rights in court, protecting against arbitrary actions by legal operators.