GI-ESCR in Chile’s Constituent Convention: Social rights are human rights, and there are many avenues for its recognition
The GI-ESCR’s executive director, Magdalena Sepúlveda Carmona, addressed the Human Rights Commission of Chile’s Constituent Convention regarding the social, economic, cultural and environmental rights (ESCE). During the hearing, she described the different avenues for the guarantee and protection of those rights.
Magdalena Sepúlveda’s speech in the Chile’s Constituent Convention.
In her speech, Magdalena underlined that ESCE rights have the same status as civil and political rights, inviting the members of the Convention to overcome the myth that ESCE rights are in a secondary category.
“The main message is that ESCE, -the economic, social, cultural and environmental rights- are human rights and there are many avenues for its recognition.”
Accordingly, our executive director highlighted how the enjoyment of political and civil rights requires minimum living standards, which are guaranteed through the ESCE:
“Can we speak about a democratic society if citizens cannot demand basic rights for a dignified life? I’m afraid that’s not possible. Democracy requires that people can have and demand that dignified life”.
Mechanisms for ESCE warranty and protection
During her speech, Magdalena explained the different cumulative and interdependent mechanisms to recognise the ESCE in the Chilean new Constitution. The first is to state the existence of a social state in the first article of the new charter:
“The recognition of the social state would mark a paradigmatic change from the 1980’s Constitution, from a subsidiary state to one that respects human dignity and people’s economic, social, cultural and environmental rights.”
Additionally, Magdalena remarked the relevance of including the ESCE into the list of fundamental rights in the new Constitution:
“Nowadays, most of the modern constitutions contain this list, which doesn’t make any difference: they include both civil and ESCE rights.”
Third, the GI-ESCR’s executive director mentioned the importance of recognising the principle of equality under the law through the inclusion of gender equality and special measures to protect vulnerable groups:
“Given the field is uneven, it’s necessary to create additional rules to ensure that vulnerable groups can participate in society under the same conditions. Usually, modern constitutions include special protections for children, young people, senior citizens, indigenous peoples and groups under discrimination.”
To conclude, another way would be the judicial protection of social rights. In that sense, Magdalena Sepúlveda explained:
“If we have a catalogue of human rights, to realise them, it’s necessary to have protective rules, giving the people access to a court if a State or private action or omission could threaten their rights.”
After her 20 minutes speech and several questions from the members of the Human Rights Commission, the GI-ESCR representative offered the full support of this organisation for the Constituent Convention’s work on ESCE rights.