Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

In this work we argue that the link between the notion of dignity and human rights makes it an ideal formula for the new constitution to adequately respond to the interests and hopes of the citizens that led to its genesis. In this vein, the first part of the research seeks to show the way in which dignity is related to the demands expressed in the Chilean social outbreak of 2019, as a rhetorical resource that offers a common semantic core to the various movements on the streets. Next, the discussion lands on the legal plane, taking contributions from international and domestic law, followed by an exposition, structured through the distinction between the relationship of dignity with negative and positive rights, to give an account of the way in which the satisfaction of the normative demands that it imposes, supposes negative obligations of abstention and positive ones to provide the conditions that allow to live a dignified life.

This article studies the role of neuroethics as an auxiliary discipline of constitutional law to reflect on neurorights in Chile as emerging constitutional rights. It is debated whether these new legal categories should be considered human rights as established in the neuroprotection bill. In order to effectively regulate these rights, their ethico-philosophical dimension must be analyzed It is also required a greater conceptual precision to determine the essential content, scope and limits. 

In a post-national scenario of transformations and the emergence of new challenges for humanity, human rights retain the potential to serve as a basis for a process in which, through their resignification from a plural and multicultural perspective, they are able to give greater legitimacy to governance structures at all levels. The work seeks, based on the review of the Kantian cosmopolitan project and its contemporary renovation by Jürgen Habermas, to review what form a cosmopolitan institutionality should take and what role human rights play in that project. To complement this approach, the revision of the proposal of Boaventura de Sousa Santos in relation to subaltern cosmopolitanism and the importance of developing a legal practice open to the understanding of human rights from a pluralistic and multicultural perspective is contemplated.

This paper reviews the judgment of the Supreme Court of Justice handed down in the Paine case, main episode, which, among its various aspects of interest, con[1]tains a decision on reparations that rejects the exception of res judicata, affirming the primacy of the right to reparations for crimes under international law. The first part of the article sets out the context of the search for justice for the crimes of the Chilean civil[1]military dictatorship, describing its progress and challenges. In the second part we will review the right to reparation as a principle of international human rights law and the jurisprudential development of the imprescriptibility of reparatory actions for crimes against humanity based on international law, reviewing the history of these processes, and the problem of those cases in which these civil actions were rejected, and the possi[1]bility of re-filing them. In a third section we will focus on the Paine case, and the discus[1]sion on the right to reparation, as well as a landmark judgment that gives precedence to international obligations over domestic law exceptions. We will end with a conclusion.

Criminal prosecution process for crimes against humanity in post-authoritarian democracies have a series of key factors to achieve historical effectiveness. In this article, both structural and agency factors are embraced it, reviewing three theoretical and normative approaches to transitional justice. Regarding them, the position of the authors is that the institutional historical approach allows us to more precisely address the reason for the increase in judicial accountability for crimes against humanity worldwide. On this, it is concluded that the transnational human rights movement and the adoption of international treaties contribute significantly to the development of strategies and effective criminal actions against impunity, and that the institutional historical approach manages to operationally overlap the large number of dimensions to explain the considerable increase in prosecutions for human rights violations.

This paper analyzes the challenge that the regulation of the right to compensation of innocent people wrongly convicted has represented for the Constitutional Convention. Two situations that generate tension between Chilean law and the Convención Americana de Derechos Humanos and the Pacto de Derechos Civiles y Políticos are studied: the absence of compensation for innocent people who have been convicted of a sentence that cannot be classified as unjustifiably erroneous or arbitrary, and the partiality of the institution in charge of knowing the requests for compensation of those who do have the right to request it. Attempts have been made to solve this normative tension, within the legal framework of the 1980 Constitution, without success. The creation of a new Constitution represents, therefore, an opportunity to overcome the deficits of the current regulations, although as the only Constitution of 1925 did, it is a complex task.

This article will address the relationship between access to the exercise of Economic, Social, Cultural and Environmental Rights (ESCER) of LGBTIQA+ people, with situations of poverty and social inequality, and the discriminatory and violent acts of which they are victims. The group of LGBTIQA+ people in vulnerable situations will be analyzed, and it will be studied the relationship between the exercise of the ESCER by this group of people, with the poverty and vulnerability, considering the contexts of violence and discrimination that are part of their experiences. At last, the situation of the ESCER of LGBTIQA+ people in Chile will be observed based on information obtained from several studies prepared by civil society organizations, and the exposition of cases of violence based on discrimination on the basis of sexual orientation or gender identity.