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Based on the opinions of experts close to him, President Sebastián Piñera prepared a three-page document with ten aspects that he considers “essential” for a new Constitution, regarding the constitutional debate that will take place on October 25 and that, with the plebiscite It will define whether or not there will be a new Magna Carta for Chile.
“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 nor of regulations in detail for each institution. That field corresponds to politics and laws. We cannot pretend to write today and in a rigid way, all the pages of the future, “says the document consigned by La Tercera.
One of the first reactions to the President’s “decalogue” was from the president of the Radical Party, Carlos Maldonado, who said on Twitter that Piñera’s definitions “are too similar to the current Constitution.” As he said, the head of state “does not dare to say so, but confirms that he is for the rejection.”
“Don’t waste time, the contents of the new Constitution will be defined by the citizens, in a Constitutional Convention,” said the former Justice Minister of the Bachelet government.
According to the text accessed by the morning, these are the 10 aspects raised by the President for the eventual new Constitution:
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.”
“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 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 “.
“Education: It should be compulsory and financed by a free system, up to secondary education. People have the right to open educational establishments and parents 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 establish 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 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 “.
“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 supportive 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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