Chile

Chile

Right	Section	Contents
Freedom of Association	History	Article 12.6 of the Chile Constitution of 1833, as amended to 1865 protected freedom of association. References: Chile Constitution of 1833, as amended to 1865: Spanish text of the Constitution of 1833 as amended to 1865. 69 (2016) Chapter V: Public Law of Chile https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzcl0286&id=3&men_tab=srchresults#
Freedom of Expression	History	Article 11 of the 1818 Provisional Constitution of Chile offered guarantees relevant to freedom of expression, though with noteworthy limitations: "Every man has the freedom to publish his ideas and to examine the subjects [objetos] within his scope [alcances], as long as he does not offend the individual [particular] rights of the members of society, the public tranquility and the Constitution of the State, [the] conservation of the Christian religion, [and the] purity of its moral and sacred dogmas; and as a consequence, the freedom of [the] press must be permitted, in accordance with the regulation that the Senate or [the] Congress will establish [formara] for it." Article 10.3 of the 1925 Chile Constitution offered a more general iteration of the freedom of expression available to inhabitants of Chile: "Freedom to express, without prior censorship, opinions, orally or in writing, through the medium of the press or in any other form; yet without prejudice to the liability of answering for offenses and abuses that may be committed in the exercise of this liberty in the manner and in the cases as determined by law." Article 19.12 of the 1980 Constitution, as revised up to 2021, offered a similar formulation of freedom of expression: "Freedom to express opinions and to inform, without prior censorship, in any form and by any means, notwithstanding the liability for crimes and abuses committed in the exercise of these freedoms, in accordance with the law, which shall be of qualified quorum." References: Provisional Constitution of 1818: English translation of the Spanish original text of the Provisional Constitution of 1818. 5 (1818) Chapter I: On the Rights and Duties of Man in Society https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzcl0112&id=5&men_tab=srchresults Chile 1925 Constitution: https://www.constituteproject.org/constitution/Chile_1925?lang=en “Chile 1980 (Rev. 2021) Constitution.” Constitute. Last modified 2021. Accessed September 20, 2022. https://www.constituteproject.org/constitution/Chile_2021?lang=en.
Freedom of Religion	History	Freedom of Religion was first guaranteed in the 1925 Constitution of The Republic of Chile under Chapter III, Article 10, Section 2: "Practice of all beliefs, liberty of conscience and the free exercise of all religions that may not be contrary to morality, good usage and public order." Article 10.2 of the 1980 Chile Constitution with revisions up to 2021 offers a very similar formulation of freedom of religion. References: Constitute Project. 1925 Constitution of the Republic of Chile. https://www.constituteproject.org/constitution/Chile_1925?lang=en 1980 Chile Constitution with revisions up to 2021: https://www.constituteproject.org/constitution/Chile_2021
Freedom of the Press	History	Chile originally protected freedom of the press under Article XXIII of its 1812 Provisional Constitutional Regulations: “The press will enjoy a legal liberty; and so that it does not generate a damaging [nociva] license concerning religion, customs and [the] honor of the citizens and of the country, regulations [reglas] will be prescribed by the Government and Senate.” Today, Chapter III, Article 19 of Chile’s 1980 Constitution protects press freedom: “Freedom to express opinions and to inform, without prior censorship, in any form and by any means, notwithstanding the liability for crimes and abuses committed in the exercise of these freedoms, in accordance with the law, which shall be of qualified quorum. In no case may the law establish a state monopoly over the mass media.” (Constitute Project, “Chile's Constitution of 1980 with Amendments through 2021” ). References: "Provisional Constitutional Regulation, 26/27 October 1812," Provisional Constitutional Regulation, 26/27 October 1812 (1812): 1-10: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzcl0108&id=9&men_tab=srchresults 1980 Chile Constitution with revisions up to 2021: https://www.constituteproject.org/constitution/Chile_2021
Privacy Rights	History	Article 16 of the 1812 Provisional Constitutional Regulation of Chile offered protections relevant to the right to privacy: "The right that the citizens have to the security of their persons, homes and effects and papers, will be respected; and no orders will be made without probable cause, supported by a judicial affirmation [juramento], and without designating with clarity the places or things that will be examined or apprehended." Article 224 of the 1822 Constitution of Chile proclaimed the sanctity of "the inviolability of letters and the freedom of private conversations". The right to privacy is protected under the current constitution. Article 19.4 protects personal life and data: "Respect and protection of the private life and honor of the individual and his family, and specifically, the protection of his personal data. The treatment and protection of these data will be handled in the manner and conditions set forth by law...." Article 19.5 protects the home and communication: "The inviolability of the home and of all forms or private communication. The home can only be searched and the private communications and documents intercepted, opened or registered in the circumstances and manner prescribed by law...." References: 1812 Provisional Constitutional Regulation of Chile:"Provisional Constitutional Regulation, 26/27 October 1812," Provisional Constitutional Regulation, 26/27 October 1812 (1812): 1-10: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzcl0108&id=9&men_tab=srchresults 1822 Constitution of Chile: English translation of the Spanish original text of the Constitution of 1822 27 (2013) Chapter IV: Of the Administration of Justice and of the Individual Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzcl0114&id=27&collection=cow&index= 1980 Chile Constitution with revisions up to 2021: https://www.constituteproject.org/constitution/Chile_2021
Voting Rights and Suffrage	History	The Constitution of Chile, Chapter II, Nationality and Citizenship, Article 13 grants those Chileans the right to vote "who have reached the age of eighteen years and who have never been sentenced to afflictive punishment.". (Constitute Project, “Chile's Constitution of 1980 with Amendments through 2021” ). Women were legally entitled to vote in Chile beginning in 1949. References: 1980 Chile Constitution with revisions up to 2021: https://www.constituteproject.org/constitution/Chile_2021 Ramirez, Francisco O, Yasemin Soysal, and Suzanne Shanahan. “The Changing Logic of Political Citizenship: Cross-National Acquisition of Women’s Suffrage Rights, 1890 to 1990.” American Sociological Review 62.5 (1997): 744.