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Chile’s Constitutional Council approves the expulsion of irregular migrants “in the shortest possible time”

He Constitutional Council who drafts a new fundamental letter for Pepper approved this Wednesday several controversial changes that mean, for the opposition, “setbacks”on various issues, such as women’s sexual and reproductive rights.

By 33 votes in favor, coming from the bloc formed by the traditional right and the extreme right, and 17 against, from the left-wing parties, the constitutional body approved the law that “protect the life of the unborn”, substantially modifying the project prepared by a commission of 24 experts and which serves as the basis for the Council’s work.

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Specifically, the change occurs in a relative pronoun of the sentence that established that the law protects “the life of the unborn“, imitating the formula of the current Constitution, to indicate that the law protects”the life of those who will be born”.

Although it may seem insignificant, according to opposition councilors and constitutional experts, it changes the interpretation of the text.

“It puts current legislation at risk”

The vice president of the organization, Aldo Vale (independent near socialist party), said that “By using the word “who”, the principle that every human being is a person is reiterated.“, a change that aims”open a way to constitutionally invalidate the (current) abortion law for three reasons (fetal unviability, risk to the mother and rape)“, he said.

The (pronoun) that unambiguously always refers to a person, on the other hand, the (pronoun) that normally refers to an object and can sometimes be a person“, says the constitutional lawyer Javier Couso.

According to him, the effect of this adjustment is that “puts at risk the causes of rape and the unviability of the fetus“because it only puts the woman’s life at risk”could justify abortion”, because the fetus is also considered a person.

Couso highlights that in Chilean jurisprudence, “For 40 years it has always been considered that the fetus is ‘the one’ that will be born, it is an entity, not a person”.

The far-right Republican Party advisor Antonio Barchiesi He noted, however, that the right to life “It is the most basic protection that must be given to the most defenseless human being and in need of legal caution, which is the one in the womb.”.

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Migration and “forgiveness” to those convicted of the dictatorship

This is the second attempt Pepper in three years to draft a new fundamental law, after the widespread rejection of a refounding proposal, prepared by a left-wing majority convention.

Unlike the text being worked on now, the previous one guaranteed the voluntary termination of pregnancy and focused on gender equality with cutting-edge proposals such as parity in institutions and the recognition of domestic and care work.

Other controversial evidence that was approved today in the plenary, which began voting on the readjustments on Friday, is that “Foreigners who enter the national territory clandestinely or through unauthorized passages will be expelled as soon as possible.”.

The text warned migrant organizations because, they say, the principle of non-refoulement – ​​binding according to international treaties signed by Chile – or with the principles of family reunification and the best interests of the child, relevant in the Chilean legal system, is not consistent.

The other vote questioned and approved during the session was on the rule that allows terminally ill patients to serve sentences at home.

For the opposition, it is a “sorry”for all those convicted of crimes against humanity perpetrated during the dictatorship of Augusto Pinochet (1973-1990), practically all of them are already elderly and are serving sentences in prison. Punta Peucoan establishment intended exclusively for them, with better conditions than conventional prisons.

“The machinery operated to restrict rights”

Today the machine worked to restrict rights and arrive at a text with fewer freedoms than those that exist in the current constitutional text.“, expressed after finishing today’s intense session the counselor Yerko Ljubéticoof Social Convergence, the same party as the president Gabriel Boric.

In a press session, the left-wing bloc regretted that its amendments referring to the strengthening of freedom of expression or those that sought to guarantee truth, justice, reparation and non-repetition in matters of human rights had been rejected.

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For your part, Luis Silvabench chief Republican partynoted that his block “is satisfied because it continues to advance”. “The course of events is for the benefit of all” he added.

From October 7th, the Committee of Experts may make observations to improve the proposal made by the Constitutional Council and, in the last stage, it will be the Council who will approve or reject the experts’ proposals.

The final document will be submitted to a plebiscite in December 17th in which citizens will have to choose between two options: “In favor” any “In contrast”.

Source: Elcomercio

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