Territorial entities shall consider for their social, political,administrative, cultural, territorial and economic planning the principles of budgetary sufficiency, inclusion and interculturality, criteria of socio-spatial integration,gender, socio-ecosystem, human rights and other than that established by this Constitution. Such a statute maynotaffect the powers and functioning of constitutional bodies, nor the rights or immunities of their respective holders. The President of the Republic elected for the period 2022-2026may not stand for re-election for the following period and shall continue in office with the constitutional powers for which he or she was elected. From the moment it is declared, by final decision, that there is room for the formation of a case, they will be suspended from their position and will be subject to the competent judge . Its exercise must be compatible with the rights enshrined in this Constitution and the protection of nature. Those that alter the political or administrative division of the country. It will also guarantee the protection, full restoration of rights, remediation and social reintegration of victims. The lawshall ensure that the development, implementation and monitoring of such policies andprograms involve the active and binding participation of persons with disabilities and theirrepresentativeorganizations. Any person who is arrested, detained or imprisoned in violation of the provisions of this Constitution or the laws may attend by himself or byany person on his behalf, without formalities, before the magistracy indicated by law, so that it may immediately adopt the measures that arenecessary to restore the rule of law and ensure the due protection of the person concerned, and may even order his immediate release. The promulgation must always be made within a period of ten days, counted from when it isappropriate. Attend the formation of laws and promulgate them, in accordance with the provisions of the Constitution. Impose the corresponding administrative sanctions, which maybe claimed before the courts of justice. This commission will be composed of academics,civilsociety organizations, representatives of indigenous peoples and relevant public bodies. The National Council of Bioethics is an independent, technical, consultative, pluralistic and transdisciplinary body that will have, among itsfunctions, to advise State agencies on bioethical matters thatmay affect human life, animal life, nature and biodiversity,recommending the dictation, modification and deletion of rules governingthese matters. The Electoral Service shall ensure thedissemination and logistical means necessary to facilitate the registration ofindigenousvoters. Obtain a letter of nationalization in accordance with the law. It has the right to the freedom to create and disseminate cultures and the arts, as well as to enjoy their benefits. Were born in the territory of Chile. The aforementioned agreement will be processed in the mannerestablished in paragraph 2 of thepreviousarticle. Evaluate and permanently qualify the performance of prosecutors and officials of thePublicMinistry. Three members elected by the President of the Republic. Exceptionally, thoseinapplicabilities relating to criminal cases in which the personal freedom of the appellant is at risk will be known by five judges ofthe Supreme Court, chosen by lot by the same Court for each request raised. The Constitution ensures the right of people to make freeand informed decisions about their care and treatment at the end of their lives. The Chilean Constitutional Assembly (elected on May 16, 2021) concluded its mandate on June 28, 2022, when it approved a final draft of Chile's potential new Constitution, which will be presented to President Boric on July 4, 2022. appointed by the person holding the Presidency of the Republic. Water is essential for life and the exercise of human and natural rights. Chileans have voted comprehensively against a new, progressive constitution that had been drafted . Once their intervention has been requested in the legal form and on matters within theirjurisdiction, the courts may not excuse themselves from exercising their function in areasonable time or even in the absence of an express legal norm that resolves the matter submitted to their decision. Be informed, without delay and in detail, of your rights and cause of the investigation against them. Forced assimilation and destruction of their cultures is prohibited. The other powers indicated by the Constitution, the law and the regional statute . The Public Prosecutor's Office may issue direct orders to the Forces of Order and Public Security for the exercise of their functions, in which case it mayalso participate both in the setting of goals and objectives and in the evaluationofcompliance with all of them. The principle of probity consists in observing responsible and impeccableofficial conduct, performingthe corresponding function or position inaloyal, honest, objective and impartial manner,without incurring discrimination of any kind, with pre-eminence of the general interest for in this regard. Any person who, by reason of an act or omission, suffers a threat, disturbance or deprivation in the legitimate exercise of his fundamental rights, may attend by himself or by anyone on his behalf before the court of instance determined by law, which shall adopt immediately all such measures as it deems necessary to restore the rule of law. In therespectiveelection, the person who obtains the majority of the validly cast votes will be elected. Mechanisms that ensure that the debt is fully and dulyserved by the debtor. In addition,they will notreceive anyhonorary treatment. Organized political activity contributes to the expression of the popularwilland its functioning will respect the principles of autonomy, probity, financial transparency andinternaldemocracy. The actions of prevention, prosecution and punishment of crimes, as well as the social reintegration of convicted persons, will be developed by the public bodies that indicate this Constitution and the law, in a coordinated manner and with unrestricted respect for human rights. It may sponsor it at any time until fifteen days have elapsed since it has been dispatched for a vote in general by the respective committee, and in any case, before it. The State shall ensure through this 12 system that, in the event of a threat orviolation of rights, there are mechanisms for their restitution, punishment andreparation. The State recognizes spirituality as an essential element of the human being. Approve, modify or reject theregionalbudget, the regional development plan and the territorial planning plans . The dismissed person may not be reappointed as a director, nor be an official of the Central Bank or provide services, notwithstanding to the other sanctions established by law. Thesemotions must be accompaniedbya technical financial report from the Secretariat of Budgets that includes an estimate of expenses and origin of the financing. After taking into account the proposals of different thematic commissions, the draft of the new Chilean Constitution will go through a referendum on September 4, 2022. The basin councils shall be responsible fortheadministration ofwater, notwithstanding to the supervision and other powers of the National Water Agency and the powers assigned to other institutions. The following are the essential powers of theautonomouscommune: The mayor, with the approval of the municipal council, may establish delegations for the exercise of the powers of the autonomous commune in the cases and forms determined by statute. This requirement shall not be required when the absence from the country is due to the fact that the person, his spouse or his civil cohabitant fulfills diplomaticmission, works in international organizations or there are other circumstances that justify it well-founded. .mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{}Poll conducted after legal ban on opinion polls. legal, without the need for the declaration of the Court for the Defense of FreeCompetition referred to in that paragraph, as long as the legislator does not regulate the 161 the manner and conditions for obtaining the benefits of articles 39bis and 63,fourthparagraph, of the aforementioned decree-law, in accordance with the provisionsof article365, paragraph 3, of the Constitution. It will be the duty of each organof the Statetohavethemechanisms to promote and ensure the participation and deliberation of citizens in the management of public affairs, includingdigitalmedia. Courts of instance are civil, criminal, family, labor, common or mixed jurisdiction, administrative, environmental, neighborhood,execution of sentence and others established by the Constitution and law. The judges of the Constitutional Court shall be provided in accordance withthe rules established in article 378 of this Constitution. 100 of 17 September 2005, its constitutional amendments, will be repealed. The strategic development of the commune through the communal development plan . Chile: New Constitution rejected. (JAVIER TORRES/AFP via Getty Images) The new issue of Jacobin is out now. On the one hand, President Boric is committed to ensuring the creation of a new constitutional process, making it clear that the constitution of the Pinochet dictatorship must be put to rest. Appoint the Comptroller or Comptroller General in accordance with the provisions ofthe Constitution. These may be promoted by any of the organs of the LegislativePoweror by a quarter of its members in office, within thirty days of the publication of the contested text orwithin sixty days following the date on which the President or the President of the Republic should have promulgated the law. The obligations, conditions and limits in this matter shall be determined by statute. Judges are immovable. It is the duty of the State to give adequate publicity to the mechanisms of democracy, tending to favor a broad deliberation of the people, in accordance with this Constitution and the laws. The rights of use granted, regularized, recognized orconstituted by act of competent authority before April 6,2022 will be subject to the provisions of the transitional provisions of LawNo. Members of the Council shall ceasetohold office at the end of their term,on reaching seventy years of age, on removal, resignation, supervening physical or mental incapacity or conviction for an offence punishable by affliction. The Court will evaluate the evidence according to the rules of sound criticism. After Sunday's vote, President Gabriel Boric said he . Approve, through processes ofcitizenparticipation, the environmental decontamination plans of theautonomousregion. In the exercise of this power, it may introduce the changesin such a way that they are indispensable, without altering, in any case, their truemeaning and scope. Everyone is the holder of sexual and reproductive rights. At the end of their term, and during the following eighteen months, they may not apply for any office of popular election or of exclusive confidence of any public authority. Chile is a social and democratic State based on the rule of law. Grant, review, modify, expire or revoke water use authorizations. An "entry" referendum held on October 25, 2020, asked Chileans whether they wanted a new constitution. The State and society have a duty to protect and respect them. Itis theduty oftheStatetopromote and guarantee the adoption of measures for the effective participation of the whole of society in the political process and the full exercise of democracy. The law will determine the creation and coordination of entities that meet theobjectives established in this article, their collaboration with public and private researchcenterswithterritorialrelevance, their characteristics and operation. The regional government may request the central administration totransfer powers from ministries and public services. In other cases, the requirements and procedures provided for in thepreviousConstitutionshall remain in force. The Chamber of the Regions shall hear proposalsfor regional statutes approved by a regional assembly, for the creation of regional enterprises carried out by one or more regional assemblies in accordancewith the provisions ofthe Constitution and forthe delegation of legislative powers made by them. No person, group or organization may possess, possess or carry weapons orothersimilarelements, exceptinthe cases indicatedbylaw, which shall establish the requirements, authorizations and controls on the use, carrying and possession of weapons. As longas the respectivelaws on the Armed Forces regulating the procedure for the appointment and duration of theirinstitutional authoritiesarenotissued or modified , the commanders-in-chief of the Army, Navy and Air Force shall be appointed by the President of the Republic from among the five most senior general officers, considering the other requirements laid down in therelevantinstitutional statutes. With the first draft rejected, the process will now start all over from scratch. In the autonomous regions, the regional governors , from their investiture, will be functional continuators of the governors of the respective region, in relation to the powers that the current legislation attributes to them, all notwithstanding to subsequent legislative amendments. Recent polls suggest that the new constitution, which is still being drafted by Chile's constituent assembly, will not pass in the September exit referendum. States of constitutional emergency shall permit the President of the Republic to exercise powers and powers ordinarily reserved to the regional orcommunal level when the restoration of normality so requires. Gender parity was mandated and 17 seats were reserved for Indigenous representatives. The State encourages and protects cooperative energy enterprises and self- consumption. CHAPTER I. Everyone has the right todigitaleducation, tothedevelopment ofknowledge, thought and technological language, as well as to enjoy its benefits. 3,464 of 1980, the consolidated, coordinated and systematized text of which is established in Supreme Decree No. The State is exclusively responsible for the function of directing the health system, including the regulation, supervision and supervision of public and private institutions. The State, together with indigenous peoples and nations, shall adopt positive measures for the recovery, revitalization and strengthening of indigenous cultural heritage. Once the project has been entered, the Legislative Power will have amaximum period of three years for its processing and dispatch. These must be integrated, at least, by the holders ofwateruse authorizations, civil society and territorial entities with a presence in the respective basin, ensuring that no actor can reach control alone. Resolve conflicts of competence or powers that arisebetween organs of the State, betweenterritorialentities, or between themwith any other organ of the State, at the request of any of the aforementioned. Exercise disciplinary power over officialsofthe Public Prosecutor's Office, in accordance with the law. Likewise, they will be responsible for knowing the qualification of the elections of a union nature and those that take place in those organizations that thelaw indicates. By declaring a state of siege, the President of the Republic may restrict freedom of movement and the right of association. Restitution is a preferential mechanism for reparation,of publicutilityandgeneralinterest. The State guarantees an environmental education that strengthens the preservation, conservation and care required with respect to the environment and nature, and that allows to form ecological awareness. And obviously we will be part of this new process, understanding that the environment, in general, and glaciers will be part of this new text, as they were with the previous one. No person or group shall be discriminated against on linguistic grounds. Boric added that whoever drafts the next version whether its Congress or a special assembly they will have to produce a constitution that unites Chileans rather than divides them. Your email address is used only to let the recipient know who sent the email. The State shall promote cooperation, harmonious integration and adequate and fair development among the various territorial entities. A group of world-renowned economists and social scientists published an open letter Wednesday hailing Chile's draft constitution as a transformative document thatif granted final approval by the Chilean people on September 4would serve as a "new global standard" on fighting the climate crisis and pervasive inequality. Following the publication of the first draft on May 14, 2022, and after ten months of intense debate, the . The direction of each regional comptroller's office shall be in charge of a comptroller or a regional comptroller, who shall appoint the comptroller or the comptroller general of the republic. The regional government is the executive body of the autonomous region. For these purposes, it shall be understood that she or he has exercised his office for a period when he has completed more than half of his mandate. Only those who belong to these peoplesand nations and who are part of a special register calledthe Indigenous ElectoralRegistrymay vote for these seats. If more than two candidates are put before the election and none of themobtains more than half of the votes validly cast,a second voteshall be heldamong the candidates who have obtained the twohighest majorities. Arbitral justice will always be voluntary. in accordance with letter a) of this article, at the requestof the President of the Republic, one third of those who make up the Congressof Deputies or the Chamber of the Regions, a governor or aregionalgovernor, or at least half of themembers of a regional assembly. The proposal and articles need a super-majority of 103 votes to be approved; Thursday's set of proposals fell short with 98 votes in favor, 46 against and 8 abstaining. Create, modify and eliminate taxes of any kind or nature and the tax benefits applicable to them, determine their progression, exemptions and proportionality, notwithstanding to the exceptions established by this Constitution. Inthese functions, it must ensure respect for and promotion ofhumanrights, also taking into account the interests of the victims, in respect of whom it must adopt all the measures necessary to protect them, just like the witnesses. Those referred to in points (a) and (b) of the Article on the composition of the Council shall be suspended from the performance of their duties for the duration oftheir duties. This system should ensure that collegiate bodies have an equal composition and promote parity in candidacies for single-person positions. Know the background of the investigation followed against you, except forthe exceptions that the law indicates. PRINCIPLES AND GENERAL PROVISIONS Article 1. The Convention opened up pathways for public participation by individuals and civil society groups. No religion or belief is official, notwithstanding to its recognition and free exercise, which has no limitation other than the provisions of this Constitution andthelaw. It is the duty of the State to order, plan and manage territories, citiesandhumansettlements;aswell as establishing rules forlanduse and transformation, in accordance with the general interest, territorial equity, sustainability anduniversalaccessibility. Inthe case of conflicts of jurisdiction referred to in points (h) and (i) may be filed by any of the authorities or courts in dispute. Exceptions are the daughters and sons of foreigners who are in Chile in the service of their Government, who, however, may opt for Chilean nationality, in accordance with the Constitution and laws. The disposition, organization and criteria for the distribution of the police shall be established in the National Public Security Policy. It is the duty of the State to remove social, cultural and economic obstaclesthat prevent or limit the possibility of resorting to the courts for protection and exercise of rights. A statute of autonomy will regulate the Rapa Nui territory. Courts must comply with the principle of proximity and roaming. In the exercise of their functions, they shall maintain unity of action in order to apply a uniform approach throughout the territory of the country. The State must regulate the synergistic impacts and effects generated in the different stages of mining activity, including its productive chaining, closure or paralysis, in the manner established by statute. The cost of these tax benefits must also be estimated annually in the BudgetActand published. For these purposes, the participation and representation ofterritorialentities mustbeconsidered. To request the Congress of Deputies to transferlegislative power in matters of interest to the autonomous region. The State guarantees the availability of the land necessary for the provision ofdecent and adequate housing. The Congress of Deputies and the Chamber of the Regions will have a Technical Unit administratively dependent on the Congress. In order to enforce decisions and to carry out or have practiced the proceedingsdetermined bylaw, the courts of justice may issuedirectorders or instructions to the security forces. Chilean society at large, and political leadership of all stripes, have agreed the constitution that dates from the country's 1973-1990 dictatorship must change. Everyone has the right to assemble and demonstrate peacefully in private and public places withoutpriorpermission. and Adolescence to incorporate in this the mechanisms for the prevention, prohibition and punishment of violence against children and the corresponding adaptations inaccordance with the provisions of this Constitution.
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