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A three-page document containing the 10 points that for him are “essential” in a new Constitution, President Sebastián Piñera began to share this week with some of his ministers. The text, prepared by the President after collecting different opinions from close experts, states in the first line that “the government’s position in the face of the plebiscite is not neutral,” but has two objectives. The first, “to comply with the constitutional mandate and carry out a constitutional process that is democratic, transparent, safe and participatory”, and second, that “that the Constitution is a great framework of unity and stability of the Nation. That collects the essential values of our history and the democratic tradition of the country. For this, it is essential that it has broad and solid support, that it gives it legitimacy and allows its stability in the future ”.
By way of reflection, the document prepared by the President says that “the Constitution does not solve all the problems of society, but it must be the institutional framework within which politics, laws and life in society unfold.” Along these lines, he adds that “it should not include an extensive list of good intentions or detailed regulations for each institution. That terrain corresponds to politics and laws. We cannot pretend to write today and in a rigid way, all the pages of the future ”.
Then, the President stated that the “Constitution of Chile should unite us in diversity, mobilizing the great majorities and respecting minorities. During the constituent process, there must be an attitude of dialogue, agreements, good will and a spirit of unity and mission to fulfill. In this sense, by demanding that the agreements must be adopted by two thirds of the constituents, we seek a serene, peaceful deliberation with mutual respect ”. He also emphasizes the importance of the process “being limited in time, to reduce the uncertainty that this type of debate generates in society and its actors.”
“The Constitution must establish the basic principles of the State. The great values that will guide the destiny of the Nation, the foundations of our institutionality and the rights, duties and fundamental guarantees of citizens, “he says, and then details the 10 aspects that seem” essential to build a Democratic Constitution for all Chilean men and women ”.
Chile must be a democratic republic with the rule of law, in which the State is more supportive and is at the service of the people.
The State must recognize and protect intermediate groups, guaranteeing their adequate autonomy. In addition, it must guarantee the right to develop any economic activity, respecting the legal norms that regulate said activity.
The family is the fundamental nucleus of society and the State must protect the preferential right and duty of parents to educate their children.
It is the duty of State organs to respect and promote human rights. Guarantee the equality of all before the law and protection against any discrimination or abuse.
Some fundamental civil and political rights that must be enshrined in our Constitution:
– The right to life and the prohibition of subjecting a person to torture or degrading treatment, always guaranteeing their physical and mental integrity.
– Freedom of expression, thought and religion.
– The freedom of peaceful assembly and the freedom of association, which allows the founding or being part of trade unions or other associations.
– Freedom of movement, to move or stay anywhere in the country.
– The presumption of innocence, the right to due process and legal defense.
– The right to private property, because no one can be deprived of their property and rights except for a justified cause and by virtue of a law.
– EDUCATION: It must be compulsory and financed by a free system, up to high school. People have the right to open educational establishments and parents have the right to choose the establishment for their children.
– HEALTH: The State must guarantee free access to health services. Each person must have the right to choose the health system they wish to benefit from, be it state or private.
– PENSIONS: The State must take measures so that all people have pensions that allow them to live with dignity.
Our Constitution must contemplate greater mechanisms that allow early citizen participation in some public decisions that are highly relevant to the Nation.
In addition, it must guarantee equal rights and opportunities between men and women, including sexual minorities.
The Constitution must include the recognition of native peoples, since it is a duty of the State to respect their identity, culture and ancestral traditions.
In Chile there should be no privileged person or group.
The duty of the State to guarantee public order and national security, giving protection to the population and the family.
The State must protect the environment for future generations, taking concrete measures to advance its care. The Constitution must enshrine the principle of sustainable development.
The Constitution must establish the separation and independence of the Powers of the State, with effective mechanisms of checks and balances.
The State must respect the final and enforceable judicial decisions and the international treaties ratified by Chile and which are in force.
In addition, it will have to recognize the autonomy of fundamental organs for the Republic such as the Public Ministry, the Servel, the Comptroller’s Office or the Central Bank.
It is necessary to improve and modernize the functioning of the Constitutional Court.
The acts of the State organs must be public and transparent, which must submit their actions to the Constitution.
The Constitution must establish strict compliance with the principle of probity in the exercise of public functions.
No person may be attributed other authority or rights than those expressly conferred by virtue of the Constitution or the laws.
The fiscal and macroeconomic responsibility of the State.
The decentralization of the State administration. For this, the State bodies must promote the strengthening of the regionalization of the country and the equitable and solidary development between the regions, provinces and communes.
A decisive commitment is necessary in favor of the decentralization process, for which we must establish constitutionally and in a much more effective way a real distribution of local, regional and national powers. Political, administrative and fiscal decisions.
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