First Chapter 1 votes in the Constitutional Council reject Republican Party amendments

The first session of the Plenary Session of the Constitutional Council, which took place on Friday, marked the beginning of voting on the 15 articles of Chapter 1, entitled “Fundamentals of the Constitutional Order.” These votes were carried out in a context of intense debates and controversies, where fundamental issues for the future of the Chilean Constitution were discussed.

Rejection of Section 1 of Article 1

One of the most notable points was the rejection of paragraph 1 of article 1, proposed by the Commission on Principles, Civil and Political Rights, which sought to establish that “Human dignity is inviolable and the basis of law and justice. Every human being is a person. This Republican Party proposal generated a strong debate, since some counselors interpreted it as a prohibition on abortion, even in the cases contemplated in the law of three causes (rape, non-viability of the fetus and risk to the life of the mother).

Given the rejection of the aforementioned proposal, the wording of the Expert Commission was put to a vote, which was approved unanimously. This new wording excluded the phrase “every human being is a person.” This decision reflected the concern of some councilors to prevent the Constitution from containing provisions that could be interpreted as restrictions on abortion.

The Republicans’ proposal required the support of 30 of the 33 votes of Republicans and Chile Vamos to be approved, however, it only obtained 29 votes in favor due to the abstentions of Gloria Hutt (Evópoli), Lorena Gallardo (RN), Germán Becker (RN) and Edmundo Eluchans (UDI). In addition, the initiative faced opposition of 17 votes from the center-left.

This vote caused significant controversy, since several representatives considered that the section had connotations “against abortion” on three grounds. Ivonne Mangelsdorff (RN) expressed her shame for the lack of compliance with agreements within her caucus.

After the fall of the wording proposed by the Republicans, the experts’ original article was put to a vote, which was finally approved as follows: «Human dignity is inviolable and the basis of law and justice. People are born free and equal in dignity and rights. “Its respect and guarantee is the first duty of the political community and its legal form of organization.” This article obtained 50 votes in favor, reflecting the ruling party’s support for the experts’ proposals.

Declaration of the Social and Democratic State of Law

The Plenary also approved article 2 presented by the commission, which declares that “The State of Chile is social and democratic by law, which recognizes fundamental rights and freedoms, constitutional duties, and promotes the progressive development of social rights, subject to the principle of fiscal responsibility and through state and private institutions.

Recognition of Indigenous Peoples

An important advance was the approval of article 7, which recognizes for the first time at the constitutional level indigenous peoples as “part of the Chilean Nation, which is one and indivisible.” The State will respect and promote their individual and collective rights guaranteed by this Constitution, the laws and international treaties ratified by Chile and that are in force.

National Emblems and the National Dance

The vote on article 13, which establishes the national flag, the coat of arms of the Republic and the national anthem as national emblems, resulted in the rejection of the section that declared that “The national dance is the cueca and its national sport is the Rodeo.” Chilean”. This decision reflected the division over the identification of national symbols.

The first votes in Chile’s Constitutional Council revealed significant disagreements and political tensions over the drafting of the new Constitution. However, several councilors and commissioners called to seek agreements and achieve a real understanding for the benefit of Chilean society. The task of drafting an inclusive and representative Constitution continues, and it is hoped that future discussions and votes will help define the direction of the constitutional process in Chile.