Social Rights and the Constitutional Moment

Chile's constitutional moment began as a popular demand in late 2019. This collection seizes the opportunity of this unique moment to unpack the context, difficulties, opportunities, and merits to enhance the status of environmental and social rights (health, housing, education and social security) in a country's constitution.

Learning from Chilean and international experiences from the Global South and North, and drawing on the analysis of both academics and practitioners, the book provides rigorous answers to the fundamental questions raised by the construction of a new constitutional bill of rights that embraces climate and social justice. With an international and comparative perspective, chapters look at issues such as political economy, the judicial enforceability of social rights, implications of the privatisation of public services, and the importance of active participation of most vulnerable groups in a constitutional drafting process.

Ahead of the referendum on a new constitution for Chile in the second half of 2022, this collection is timely and relevant and will have direct impact on how best to legislate effectively for social rights in Chile and beyond.

Auteur

Koldo Casla is a Lecturer at the School of Law and a member of the Human Rights Centre of the University of Essex, UK.
Magdalena Sepúlveda is the Executive Director of the Global Initiative for Economic, Social and Cultural Rights, Mexico.
Vicente Silva and Valentina Contreras are members of the Global Initiative for Economic, Social and Cultural Rights, Chile.

Contenu

1. Introduction
   
   2. The Origin and Consolidation of an Extremely Unequal Country: Pinochet's Accomplices and Economic Beneficiaries
   3. Economic Policy, Constitution and Human Rights
   4. Approaches to Equality and Non-Discrimination in 193 Constitutions
   5. Socio-Economic Rights in the South African Constitution: Have They Played a Meaningful Role in Social and Economic Transformation?
   6. The Colombian Constitutional Experience in the Recognition of the Right to Access Information
   7. The Interamerican Court on Human Rights and the Recent Jurisprudence on "Direct Justiciability" of Economic, Social, Cultural and Environmental Rights
   8. Constitutional Provisions on Disability Rights: National Approaches and International Context
   9. The Inclusion of Persons with Disabilities in the Chilean Constitution-Making Process
   10. The Right to Education as a Social Right: Critical Nodes and Transformations
   11. The Right to Education as a Fundamental Social Right, and Key in the Constitutional Process in Chile
   12. Taking the Right to Adequate Housing Seriously in Chile's Next Constitution: Building from Scratch
   13. A Proposal to Include the Right to Health Care in the New Chilean Constitution
   14. Constitutional Reform Process in Chile: The Right to Social Security
   15. Labour and Constitution: Analysis, Critique and Proposals for the Chilean Labour Constitutional Model
   16. New Constitution, Environment and Climate Change
   17. Conclusion