Chile's New Constitution: What Right to Health?

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Abstract

Chile is a country crossed by economic inequalities. The constitutional process has opened a space to problematize the institutions that reproduce these inequalities. This paper joins into this discussion arguing that a nuanced focus on the right of access to healthcare under international law would fit the future Constitution better. I label this focus ‘nuanced’, in reaction to international law’s limited ability to address justice claims located at the core of Chile’s social and constitutional discontent. I argue that the right to health under international law is unlikely to address the problem of unequal enjoyment of healthcare services. The paper argues that a better approach would be to integrate a solidaristic understanding to this human right. The added value of solidarity translates in a more substantive conceptualization of social rights where they become at the service of the liberty of all. Through a critical discussion about the inception of the right to health under Chile’s current Constitution, the paper shows the limitations of today’s understanding and the underlying reasons for the transformation it proposes.
Original languageEnglish
Pages (from-to)295-314
Number of pages20
JournalHague Journal on the Rule of Law
Volume13
Early online date2 Nov 2021
DOIs
Publication statusPublished - Dec 2021

Keywords

  • Chile
  • Constitution of 1980
  • Right to Health
  • solidarity
  • social rights

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