"Every person has the right to decent and adequate housing that allows for the free development of personal, family, and community life," states the provision that advanced to the draft of Chile's new Constitution. The draft is being prepared by the Constitutional Convention—a 155-member political body tasked with drafting and approving the proposal for a new agreement for the Republic, which was enabled by the October 2020 plebiscite and driven by the social protests that took place in the country in October 2019.
On Tuesday, April 19, the Plenary of the Convention deliberated and voted on the initiatives from the Fundamental Rights commission, which enshrine social rights in the proposed new constitution. With 133 votes in favor, 11 against, and 6 abstentions, the plenary approved the advancement of paragraph 1 of Article 4, which enshrines the right to decent housing.
Furthermore, paragraph 2—approved with 121 votes in favor, 18 against, and 13 abstentions—stipulates that:
"The State must take all necessary measures to ensure the universal and timely enjoyment of this right, including at least habitability, sufficient space and domestic and community facilities for the production and reproduction of life, availability of services, affordability, accessibility, appropriate location, security of tenure, and the cultural relevance of housing, in accordance with the law."
Paragraphs 3, 4, and 5 of the article were rejected and will return to the commission for review. These rejected points addressed the direct participation of the State in the design, construction, and distribution of housing, urban facilities, and basic services; special considerations by public authorities in designing housing plans for low-income populations and others established by law; and public policies for housing plan design and land-use planning with special consideration for the culture and traditions of Indigenous peoples.
Ultimately, the work of the Constitutional Convention will be submitted to a mandatory plebiscite in September for approval or rejection.
What are your thoughts on these proposed provisions? Leave your comments in the section below.
This article was written by Fabian Dejtiar. The translation is powered by AI.
