The current Constitution drafted in 1980, which places the neoliberal economy at the heart of its founding principles, stipulates that the State can only “contribute to creating the social conditions” for the development of people.
The proposal drafted by an elected Constituent Assembly of 154 members, at the end of the 2019 social uprising for a more egalitarian society, wants to make Chile a welfare state that guarantees social rights to its population.
Here are the major changes proposed in this constitutional text of 178 pages and 388 articles, on which more than 15 million voters must vote during a compulsory vote.
– Political system
The Chilean Parliament is made up of two chambers, the National Assembly and the Senate, responsible for passing the law and controlling the action of the government.
The new version would like to abolish the Senate and create a “Chamber of Regions”, which would leave it up to deputies alone to enact laws.
It would guarantee women half of the positions in state institutions, making Chile a “parity democracy”.
The new text recognizes “environmental” rights, the first step towards recognizing rights for animals or for natural resources such as water, as a common good.
– Retirement and health
Currently, only employees contribute to the social security system. According to the new Constitution, employers will also have to contribute.
The new Constitution also proposes a universal health system to which every citizen would contribute. Currently, everyone is free to contribute or not, and only the most privileged socio-professional categories can join a private health system.
– Lodging
The proposed Constitution establishes the right to decent housing and stipulates that the State must ensure compliance with minimum standards, in particular of surface area, and guarantee access to property or rental in a housing stock with a deficit of more than half a million homes.
– Termination of pregnancy
The 1980 Constitution protects “the life of unborn children”, although in 2017 Chile decriminalized abortion in cases of rape or danger to the life of the mother or child.
The new Constitution enshrines in stone the right to “voluntary abortion”, placing Chile at the forefront of this issue on the world stage. Parliament will have to define the maximum number of weeks of pregnancy to perform a surgical or medical abortion.
The 1980 Constitution makes no reference to the eleven indigenous peoples who represent 12.8% of the Chilean population. The new text intends to recognize them under different nations within the country, although the state would remain “single and indivisible”.
A certain autonomy would be granted to them, particularly in judicial matters, provided that the Constitution and international treaties are respected. The Supreme Court would retain its supremacy.
