Fundamental Rights and Freedoms in Chile: A Comprehensive Guide
Fundamental Rights and Freedoms in Chile
City of Liberty
Freedom of Healthcare
This freedom, enshrined in Article 19, No. 9, allows individuals to choose between public or private healthcare systems, prohibiting the state from mandating adherence to either.
Freedom of Education
Distinct from the right to education, this freedom (Article 19, No. 9) grants individuals the right to establish and operate educational institutions, with the state prohibited from impeding these freedoms.
Freedom of Opinion and Information
Article 19, No. 12, protects these freedoms, exercised through various media, distinguishing the right to private communication and ensuring the right to establish media outlets.
Freedom of Assembly
Article 19, No. 3, grants the right to assemble in private or public spaces, subject to relevant administrative rules in the latter case.
City of Request
Article 19, No. 14, grants the right to submit petitions to authorities, with the state prohibited from preventing such submissions. However, authorities are not obligated to respond.
Freedom of Association
Article 19, No. 15, protects the right to form associations, aligning with Article 1’s recognition of intermediate bodies’ autonomy. This includes joining, remaining in, or leaving associations, with the state prohibited from interfering in their internal administration.
Freedom of Work
This freedom allows individuals to engage in their chosen work activity, with the state prohibited from imposing specific work activities.
Right to Bid for Public Office
This right is protected under Article 19, No. 17.
Freedom of Unionization
A specific aspect of freedom of association, this grants the right to form, join, remain in, or leave unions, with the state prohibited from curtailing this freedom.
Freedom of Economic Initiative
Article 19, No. 21, also known as the right to free enterprise, allows individuals to engage in economic activities, with the state prohibited from curtailing this freedom, except as authorized by law.
Features of Fundamental Rights and Benefits
The provision of benefits is central to political and legal ideology. While state omissions pose no problem, determining what benefits the state should provide depends on political ideology.
- One extreme argues against any state-provided benefits.
- The other extreme advocates for all possible benefits for everyone.
The first perspective aligns with 18th-century enlightened liberalism, while the second aligns with Soviet communism. Reactions against both extremes have shaped social and political movements.
The key question is: What benefits should be given, to whom, and to what extent?
Alexy defines benefits broadly as all state actions for individuals.
Types of Benefits
- Protective Benefits: State actions safeguarding individuals and their rights, including those with factual and legal bases.
- Procedural Benefits: Mechanisms ensuring the effective enjoyment of rights, complementing protective benefits.
- Benefits in the Strict Sense: State transfers of money, goods, or services, favoring those lacking adequate resources to obtain them in the market.
Right to Education
Article 19, No. 10, guarantees the right to basic and secondary education. The Constitution suggests a right to quality education, supported by:
- Article 19, No. 1: Establishes equality in dignity and rights, informing constitutional interpretation.
- Article 1: Mandates the state to ensure harmonious integration of all sectors.
- Article 19, No. 10: States that education should allow for full individual development.
Quality education enables each student to achieve learning outcomes established for each educational level by the Ministry of Education.
Parents have the primary right to choose their children’s educational institution, balanced by institutions’ right to establish admission requirements, provided they comply with constitutional provisions.
Court Decisions on Education
- Courts have restricted educational institutions’ ability to expel students or deny registration renewal.
- The Supreme Court ruled against expelling a student for expressing political opinions within the institution.
- The Santiago Appeals Court ruled against expelling students for minor disruptions.
- The Temuco Appeals Court authorized expulsion for student threats.
- Courts generally deny universities the right to withhold transcripts for unpaid debts, prioritizing the right to education.
Introduction to Social Security
Social security encompasses rules governing benefits for individuals facing contingencies creating a state of need.
- Provision: Any good, service, or money received due to a contingency.
- Social Contingency: An event causing need (e.g., accident, illness).
- Necessity: The inability to provide for oneself due to a contingency.
Social security includes:
- Pension System
- Healthcare System
- Occupational Accidents and Diseases System
- Other
Right to Healthcare
Article 19, No. 9, guarantees the right to healthcare, including free and equal access to promotion, protection, recovery, and rehabilitation measures, and the freedom to choose between private and public systems.
- Promotion: Actions promoting healthy lifestyles.
- Protection: Actions fostering good health maintenance (e.g., vaccinations).
- Recovery: Actions restoring lost health.
- Rehabilitation: Actions recovering lost skills or competencies.