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President Sebastián Piñera entered fully into the debate on the contents of a possible new Constitution, making known 10 points which, in his opinion, are “essential to build a Democratic Constitution for all Chileans”.
After gathering opinions from experts close to him, the country’s highest authority drew up a three-page document with these aspects that he considers “essential”, a text that he began to share with several of his ministers this week, as reported Third.
“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 (…) 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 rigidly today, all the pages of the future, “the document says.
It is not the first time that Piñera raises matters that should be enshrined in a possible new Magna Carta: he already did so when he called the plebiscite last December and later in January within the framework of Enade 2020.
The 10 aspects raised by the President for the eventual new Constitution are the following, according to the text that was accessed in the morning:
1. Role of the State
“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. Furthermore, it must guarantee the right to develop any economic activity, respecting the legal norms that regulate said activity.”
2. Family
“The family is the fundamental nucleus of society and the State must protect the preferential right and duty of parents to educate their children“.
3. Civil and political rights
“It is the duty of the 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 makes it possible to found or be 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 goods and rights except for a justified cause and by virtue of a law “.
4. Economic, social and cultural rights
“Education: It must be compulsory and financed by a free system, up to secondary education. 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“.
5. Inclusive and diverse society
“Our Constitution must contemplate greater mechanisms that allow early citizen participation in some public decisions that are highly relevant to the Nation.
Also, must guarantee equal rights and opportunities between men and women, including sexual minorities.
The Constitution must include recognition of native peoplesIt is a duty of the State to respect their identity, culture and ancestral traditions.
In Chile there should be no privileged person or group“.
6. Public order
“The duty of the State to guarantee public order and national security, giving protection to the population and the family.”
7. Environment
“The State must protect the environment for future generations, taking concrete measures to advance its care. The Constitution must establish the principle of sustainable development.”
8. Separation of the powers of the state
“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“.
9. Responsibility of the authorities and transparency of the State
“The acts of the State bodies 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 “.
10. Decentralization
“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 “.
