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Chile defines itself as a “Social State of Law” in its new Constitution; what does it mean?

The Constitutional Convention of Chili approved this Monday to define the country as a “Social State of Law” in the new fundamental law, a fact that various constituents and experts interpret as a turning point in the country’s history, where the State has a subsidiary role.

The plenary voted on the proposals of the Commission on Constitutional Principles and approved with a quorum of more than two thirds a total of 11 articles that are already part of the final draft, among which the one that defined Chile as “a social and democratic state of law” and the one who consecrated the country as a parity and inclusive democracy.

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“The protection and guarantee of individual and collective human rights are the foundation of the State (…) It is the duty of the State to generate the necessary conditions and provide the goods and services to ensure the equal enjoyment of rights”says one of the provisions that prospered.

This is the first paragraph that would appear in the constitutional proposal, which will be submitted on September 4 to an exit plebiscite with mandatory participation for all those over 18 years of age.

LThe approval of this article was celebrated by dozens of constituentswho predict that it will put an end to the current type of State, which has had a subsidiary role since in 1980, during the dictatorship of Augusto Pinochet (1973-1990), the current Magna Carta came into force.

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This text, reformed dozens of times during democracy, laid the foundations for an ultraliberal model with privatized basic services and was highly criticized during the 2019 equality protests. -the most serious in decades-, which triggered the call for a constituent process.

“The democratic social state of rights is the key that will close the subsidiary model, which in 40 years has not provided better health, has not provided a better pension, has not provided better education”affirmed the leftist constituent Jorge Baradit.

Along the same lines, the conventional independent Lisette Vergara added that “this makes it clear that Chile never wanted a subsidiary State” but rather “the protection of the guarantees and social rights that are and that embody popular demands.”

In a historic plebiscite in October 2020, almost 80% of Chileans were in favor of changing the Constitution and in May of the following year, the 155 members of the body, with a progressive tendency and with a large number of independent citizens, were elected at the polls.

Although the assembly has been losing adherents over the months due to internal friction and various scandals that dotted a list of constituents linked to the 2019 social protests, it continues to be one of the institutions best valued by the population, with 44% approvalaccording to the pollster Cadem.

Source: Elcomercio

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