Chile

CRIN would like to express our profound gratitude to our external reviewer, Julio Cortés Morales, for their insightful comments on a draft of this report. CRIN also sent a draft version to the State for feedback and any comments received were taken into account in finalising the report. Any errors or inaccuracies remaining in the report are CRIN’s.

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I. National legal protections

A. Are environmental rights protected within the national constitution?

Article 19(8) of the Constitution provides for the right to live in an environment that is free of pollution.1 The State bears the responsibility of protecting this right and of ensuring the conservation of nature.2 The Constitution also provides for future laws that can enact restrictions on actions that would endanger the environment.3

There are also extra-constitutional protections with regards to children's right to a healthy environment that are addressed below (see Part I.D.).


B. Have constitutional rights protections been applied by national courts with regards to environmental issues?

Chile’s Constitutional Court, lower courts, and its Environmental Courts enforce the constitutional protection of the right to live free of pollution.

The Constitutional Court has held that the right to be free from pollution refers to the quality of the environment.4 The term environment in Chilean jurisprudence primarily refers to air, land, and water conditions, and the Supreme Court includes all these elements in the notion of “environmental heritage” (patrimonio ambiental).5 Individuals have a right to an ecologically balanced and healthy environment.6 According to the Supreme Court, the State has an obligation to uphold this right, to act as a custodian of the environment, and it must protect the original state of natural resources and minimise human interference.7

The Supreme Court has also specifically addressed Article 19(8) of the Constitution by determining that, although the right is framed as an individual right to live in a pollution-free environment, it also applies as a collective right.8 This right is characterised as an objective legal good, as preserving the designated natural elements, for the protection of expansive interests and for the entitlement of future generations.9 The Supreme Court has secured the right of individuals to bring cases before the courts for the protection of the Chilean environment, even if they do not live near the physical location where exploitation or pollution is taking place.10

In Pedro Flores v. Corporación del Cobre, Codelco, Division Salvador (1988) the Supreme Court held that: “[T]he environment, environmental heritage and preservation of nature, which the Constitution mentions and which it secures and protects, is everything which naturally surrounds us and which allows the development of life, and it refers to the atmosphere as it does to the land and its waters, to the flora and fauna, all of which comprise nature, with its ecological systems of balance between organisms and the environment in which they live”.11

In the Campiche case (2008), the applicants filed an action for protection (acción de protección) against the national environmental authority (then the Comisión Regional del Medio Ambiente de Magallanes y de la Antártica Chilena, COREMA) for authorising the Campiche Thermoelectric Power Plant project in an area that had previously been declared at risk for "constituting a potential danger to human settlements".12 The Supreme Court's ruling, which had the effect of paralysing the Campiche Thermoelectric Power Plant project, represents a substantial change in the jurisprudence that had existed up to that date on environmental matters.13 Before the ruling, both the doctrine and the jurisprudence of the Chilean higher courts of justice were in agreement that the action for protection required demonstrating a direct interest and, therefore, demonstrating the way in which the challenged act violates the rights of the rights holder.14 This ruling eased the requirements for accrediting entitlement to the action making it much more similar to a class action.15 The ruling also meant a substantial change in that the resolutions of environmental assessment can be challenged by means of an action for protection, as they are susceptible to transgress constitutional guarantees protected by this precautionary action.16

More recently, in the case Quintero-Puchuncaví (2019), the Supreme Court concluded that fundamental rights guaranteed by the Constitution were violated.17 The Court also developed the concept of "sustainable development" and applied the principles of prevention, precaution and environmental justice to define minimum standards for the protection of people's rights enforceable by the State.18 The case comprised a total of 12 cumulative actions for protection (recursos de protección) brought, among others, by the National Human Rights Institute, the Ombudsperson for Children, the NGO Ecosistemas, the National Committee for the Defence of Fauna and Flora (Comité Nacional Pro Defensa de la Fauna y Flora) and Greenpeace against 12 companies for the emission of chemical fumes and substances that resulted in an emergency due to the health effects on the inhabitants of the region.19 These actions were also against a number of government bodies and agencies for non-compliance with their duties in this matter, either by not adopting preventive measures, or by not exercising their duties of control, systematisation of relevant information, supervision and prosecution of unlawful practices as conferred by the legal system, and for failing to act in a coordinated manner.20 The actions were founded on pollution events that took place between August and September 2018 in the municipalities of Quintero and Puchuncaví.21

In 2023, The Supreme Court decided on four appeals for protection against the State and the companies in that same area for the illegal and arbitrary acts and omissions committed, grounded on pollution events, which had previously been dismissed.22 The Court found a violation of both the constitutional guarantee of the right to live in a pollution-free environment and the protection of the health and life of the inhabitants of the affected communities (articles 19(1), 19(8), 19(9) of the Constitution), whose daily lives were disrupted by evacuations, inspections and environmental tests, and some of them suffered physical damage due to the effect of the pollutants present in the area.23


C. Has the concept of intergenerational equity been applied within national courts? If yes, in what circumstances?

The Supreme Court has relied on the concept of intergenerational responsibility. The focus on future generations as beneficiaries of environmental protection has led to the development of the principle of intergenerational equity, which implies that the impacts of current activities on future generations should be taken into account in order to consider their interests and avoid irreversible environmental damage.24

In the case Trillium I, the NGO FIMA filed an application for protection (recurso de protección) before the Appeal Court of Punta Arenas, on behalf of Fundación Educación Ciencia y Ecología and several individuals, against the national environmental authority (then the Comisión Regional del Medio Ambiente de Magallanes y de la Antártica Chilena, COREMA), which had previously qualified as "environmentally viable" the Río Cóndor project that the company Forestal Trillium Ltda. intended to carry out.25 The Court dismissed the appeal and, on 19 March 1997, the Supreme Court held that “by damaging or limiting the environment and natural resources, one limits the possibilities of life and development not only of present but also of future generations”.26

In the Campiche case (2008) (see Part I.B.), the Supreme Court held that "the protection of the environment is not only in the interest of those of us living today, but is also of use or benefit to future generations".27

In the case Minera Los Pelambres (2013), against Minera Los Pelambres S.A. for tailings dam works that had harmful effects on the community, the Supreme Court linked quality of life to the principle of sustainable development.28 The Court held that “the exploitation of mining deposits, like all other activities in the industry sector, must be in harmony with the existing habitat and ecosystems and in accordance with sustainable development, which is the process of sustained and equitable improvement of the quality of life of people, based on appropriate measures of conservation and protection of the environment, so as not to compromise the expectations of present and future generations.”29


D. What legislation is in place to regulate environmental protection? Are there any proposals for legal reforms currently under review in the national legislature?

In 1994, Chile passed Law 19,300, which introduced a legislative framework for the regulation of environmental issues in Chile, with the aim of giving concrete content and adequate legal development to the constitutional guarantee that assures all individuals the right to live in a pollution-free environment.30 This law creates the Ministry of Environment, establishes a fund to finance environmental protection projects, creates a procedure for environmental impact assessment, addresses who is responsible for environmental damage and defines and sets a number of concepts and standards, such as emission standards.31

This law was amended in 2010 by Law 20,417.32 The most significant change stemming from Law 20,417 was the creation of a new regulatory body, the Superintendency for the Environment (Superintendencia de Medio Ambiente, SMA). The modification resulted in an increased role for the community in environmental monitoring, new procedures, increased fines and a unified system for conservation and protected areas.33

In 2012, Law 20,600 created the Environmental Courts to hear environmental cases such as claims for environmental infractions and emission standards according to national legislation; claims for environmental reparations established in Law No. 19,300; and claims challenging SMA resolutions.34

In 2022, Law 21,430 on guarantees and comprehensive protection of children's rights was passed.35 This law establishes that the state will promote "the knowledge, respect and enjoyment of the environment by children, encouraging their active participation in the protection, conservation and improvement of the environment within the framework of sustainable development, as well as ensuring that their activities take place in a pollution-free environment".36 It recognises the right of children to live and enjoy a healthy and sustainable environment and obliges the State to progressively adopt adequate measures for the protection and sustainability of the environment for the enjoyment of children.37 It also orders the State to progressively adopt, in its National Policy for Children and Adolescents and its Plan of Action, "activities for the enjoyment of mountains, rivers, beaches, forests and other natural wealth of the nation, and the enjoyment of national parks and nature reserves by children and adolescents".38


E. Is there any specific national policy addressing childhood exposure to toxic substances? If so, what is considered a safe level of exposure and what is the process for determining safe levels of exposure?

Chile has a Ministry of Public Health with an internal department dedicated to environmental health. The department publishes regulations, runs programmes, works cross-sectorally with other ministries, NGOs and citizen organisations, and sets parameters for water, soil, waste, air, chemicals, toxics and child safety.39

The Ministry for the Environment publishes a State of the Environment Report every year.40 In 2022, no specific references to children were made.41

Law No. 20,590, which established an intervention plan in areas where polymetals are present in the Arica region, was passed in 2012 in response to the environmental issues that the region faced in the 1980s.42 The Ministry for the Environment is responsible for carrying out periodic studies to assess the environmental risk due to the presence of polymetals in Arica.43 To safeguard the citizens' health, environmental risk assessments are required to identify danger areas in compliance with this law's stipulations.44 It has been reported that drinking water in the Arica region contains harmful contaminants, including arsenic, that can be both naturally occurring and caused by human activity.45 Prolonged exposure to arsenic has been linked to a number of diseases, including different types of cancer.46 Likewise, exposure to arsenic during pregnancy or early childhood activates a set of pathogenic mechanisms at the epigenetic level that encourage the development of different illnesses in later stages of adult life and are irreversible for the affected individual.47

There have also been cases of poisoning of children, as the ones described below.

During 2015, a case of lead poisoned children was widely denounced in the country. In Antofagasta, in the northern part of the country, there are schools and kindergartens located near the port of the city where metals are loaded and unloaded for a mining company.48 Children were found to have 19 heavy metals in their blood, while other studies, in addition to corroborating these results, also showed that there was evidence that copper, arsenic, zinc, cadmium and lead, all of which are considered potentially harmful to the population, were present in the local environment.49

In the town of Puchuncaví, located in the coastal area 150 kilometres northwest of Santiago, children attending La Greda school have been affected by serious environmental problems. This is an area in which the Ventanas Industrial Park was inaugurated in 1961 and there is no record of the time that would have considered the possible effects that this could cause.50 In 2015, more than 40 children were poisoned by inhaling fumes from sewage waters near the school.51 The area has 15 industries, including mining industries, oil refineries and cement industries, of which seven are classified as hazardous and three as polluting.52 Children in this area have been exposed to high levels of pollution, both atmospheric and water.53 All legal remedies attempted at the time to hold the state liable were dismissed by lower courts (see Part I. B for more information on the appeals to the Supreme Court).54

In 2023, the UN Special Rapporteur on human rights and the environment stated that “[...] marginalised and vulnerable communities suffer exposure to toxic substances and environmental degradation, water scarcity, as many rural residents lack access to safe and sufficient water and deadly air pollution” and that “[...] children and youth in some communities are growing up without a reliable supply of water in homes or schools and are exposed to toxic chemicals that threaten their health”.55 The UN Special Rapporteur called for more robust environmental regulations and standards, a significant increase in funding for environmental protection and more stringent national enforcement of environmental laws.56


F. Is the country equipped with pollutant release and transfer registers? If yes, do these registers take into account child specific factors regarding the substances for which data is gathered and the type of data generated?

Chile has a pollutant release and transfer register (Registro de Emisiones y Transferencias de Contaminantes (RETC)). It publishes data on air emissions, water emissions, harmful waste that is contained and processed in safety sites, and the collection of non-harmful waste.57 Law 19,300 gives the Ministry of the Environment the power to establish the RETC.58 Law D.S. N° 1/2013 MMA regulates the RETC.59 The regulating law makes no reference to children.


G. Does the State assert extra-territorial jurisdiction for any environmental issues?

There is no evidence that national courts in Chile have relied on extra-territorial jurisdiction.

 
 

II. Accessing courts

A. How can environmental cases be brought before national courts?

Constitutional Protections

The Chilean Constitution provides protection with respect to environmental damage. Article 19(8) of the Chilean Constitution provides that “(i) Citizens have the right to live in a pollution-free environment” and “the state, through legislation, must protect this right and endure conservation of nature.”60 In addition, the Chilean Constitution states that "the law may establish specific restrictions on the exercise of certain rights or freedoms in order to protect the environment."61

Article 20 of the Constitution provides for an action for protection, which may be filed when due to "arbitrary or illegal acts or omissions" someone suffers deprivation, disturbance or threat in the legitimate exercise of some of the rights and guarantees indicated in art. 19, including, since 2005, paragraph 8 (right to live in a pollution-free environment): "The remedy of protection shall also be applicable in the case of paragraph 8 of article 19, when the right to live in a pollution-free environment is affected by an illegal act or omission attributable to a specific authority or person".62 These appeals are heard by the respective Court of Appeals (and on appeal, by the Supreme Court). If this constitutional protection action is accepted, the Court will immediately order the necessary measures to "re-establish the rule of law and ensure the due protection of the affected party".63

Civil Liability

In Chile, there are environmental courts that are distributed in three different regions of the country (i.e., Antofagasta, Santiago and Valdivia).64 These courts (i) grant the Environmental Superintendency the power to prosecute environmental violations and (ii) are autonomous and independent courts that are “subject to the directive, correctional and financial superintendence of the [Chilean] Supreme Court”.65 These environmental courts “decide on environmental disputes within its jurisdiction and deal with other matters referred to them by law.”66 The scope of competence of the environmental courts includes, in part, claims brought against the SMA and/or resolutions that set environmental quality and emission standards, as well as hearing “claims brought by any natural or legal person against the decision of the Committee of Ministers or Executive Director to resolve the administrative appeal when their observations have not been considered in the environmental assessment procedure” and “all matters relating to environmental damage as defined in Law 19,300”.67

In addition, Articles 51 to 55 of Law No. 19,300 establish “the general liability regime for environmental damage in Chile”.68 In general, “any party that negligently or deliberately causes environmental damage shall be liable and shall be obliged to restore the damage caused”, and such claims may be brought before the relevant Environmental Court (as described above).69

Administrative Liability

Law No. 20,417 establishes the administrative sanctions that can be imposed by the Superintendency for the Environment in case of “infringement of an environmental licence or other environmental permits as required by their own regulations”.70 Among the sanctions included in this law are written cautions, fines, temporary or definitive closure and revocation of the Environmental Qualification Resolution.71 Other administrative sanctions may be enforced by the competent sectoral body.72

Criminal Liability

While this type of liability is not as common, “if the breach causes environmental damage and the offender has intentionally caused it”, environmental criminal liability may arise.73 The Chilean Criminal Code and Article 136 of Law 18,892 establish these instances where criminal liability may arise.74

Notably, there are “strict liability cases” (e.g., oil spills, use of pesticides and nuclear damage).75


B. What rules of standing apply in environmental cases?

Subject to the grounds of the claim being brought (as set out in Article 17 of the Law No. 20,600), Article 18 of the Law No. 20,600, by which the Environmental Courts are created, establishes that claims related to environmental damage may be brought by the following parties:76

  1. Individuals who consider that “decrees establishing primary or secondary environmental quality standards and emission standards” do not comply with Law No. 19,200 and are detrimental to that person;
  2. In cases of claims for reparation for environmental damage, “natural or legal persons who have suffered damage or harm, the municipalities, for the events that occurred in their respective municipalities, and the State, through the State Defence Council”. If one of these parties files a lawsuit, the same lawsuit cannot be filed by the other parties, but this does not prevent them from intervening “as third party interveners”;
  3. Natural or legal persons that are “directly affected by” the resolutions issued by the Superintendency for the Environment;
  4. The Superintendency for the Environment;
  5. Individuals “who consider that the administrative acts issued by the Ministries or public services for the execution or implementation of quality standards, emissions and prevention or decontamination plans violate the law, the standards and the objectives of the aforementioned instruments”; and
  6. Individuals directly affected by the decisions issued to resolve the “administrative procedure for the nullity of an administrative act related to the environment” or the person who requested the administrative nullity in the first instance.

The Environmental Court of Santiago further clarifies that "any natural or legal person who has a legitimate interest because the administrative act harms or affects them directly" can complain to the court.77 It should be noted, however, that requests for "prior authorisation and enquiries" are limited to being submitted by the Superintendency for the Environment.78 Finally, the Environmental Courts allow amicus curiae (i.e. "natural or legal persons of recognised technical and professional competence who invoke the protection of a public interest") also to intervene in environmental cases.79

Claims must be submitted in writing and clearly specify the factual and legal grounds, as well as what is specifically being requested from the Environmental Court.80 Litigation before the court requires “the representation of a lawyer” and “parties may challenge the environmental courts' decisions to the respective Court of Appeals or the Supreme Court.”81


C. Do these rules of standing differ when children are the complainants and if so in what way?

No age-based differentiation in rules of standing was found.


D. What is the burden and standard of proof for allegations of personal injury as a result of toxic exposure?

In the context of exposure to toxic substances under environmental law, a claim for personal injury can only be brought once the Environmental Court has established, in a final judgement, that liability for environmental harm exists.82

In Chilean civil cases, the required standard is the preponderance of the evidence.83 The plaintiff must prove each element of the claim in order to obtain compensation. Under Article 35 of Law No. 20,600, if the toxic exposure occurred in connection with environmental harm, the evidence can only be presented before the Environmental Courts and the standard of proof is called sana critica or sound judicial discretion. This is a method of assessing evidence in which a court or tribunal is not constrained by the evidentiary rules of legal proof, but is obliged to judge according to the rules of logic and experience, and to substantiate their assessment of the evidence.84 Article 35 of law No. 20,600 provides that all evidence obtained by lawful means shall be admissible and that the judge has a wide discretion to reduce or quantify the evidence.85

If the toxic exposure is due to nuclear damage, oil spills or the application of pesticides, strict liability applies.86


E. What limitation periods apply in environmental cases?

Under Article 16 of law No. 19,300, the statute of limitations for claims in environmental matters is five years.87


F. Is legal aid available in environmental cases? If so, under what circumstances?

In Chile, there is no public service dedicated to providing environmental legal advice or aid to individuals.88 However, a number of private services or bodies can provide assistance when such aid is needed, such as some municipalities, law clinics at universities, the Legal Aid Corporation (Corporación de Asistencia Judicial) (the State's free public service that seeks to provide legal advice to anyone who needs it, and who meets certain socio-economic criteria) and the Pro Bono Foundation (Fundación Pro Bono).89

Under law No. 21,067, the Office of the Ombudsperson for Children (Defensoría de los Derechos de la Niñez) is tasked with protecting the rights of children. One of its main functions is to file complaints and/or report violations to the respective authorities on behalf of children when they have been victims of rights violations or offences.90 If crimes against children were intertwined with an environmental violation, then this could be a circumstance in which the State could provide legal assistance for an environmental complaint on behalf of children.

 
 

III. Remedies

A. What remedies are courts empowered to impose in environmental cases?

Courts are empowered to impose remedies such as:

  1. Requiring the compensation for environmental damage;91
  2. Enjoining certain actions (e.g., drainage of a lake, the deposition of copper mill tailings onto the beaches, the construction of hydroelectric dams);92
  3. Requiring the clean-up of a specific sight;93
  4. Suspensions and temporary measures;
  5. Fees and other monetary sanctions; and
  6. Restoration of affected areas.

Further, there are also several penalties or remedies that can be implemented by the Environmental Courts or the administrative bodies responsible for environmental matters. A sample is listed below.

  1. In the case of environmental damage action in respect of water or air, polluters found to have “caused environmental damage attributable to its negligence” can “be subject to a[n Environmental] court action to repair that damage” under Article 53 of Chile’s Environmental Law.94

  2. The Environmental Superintendency may impose fines and other penalties, such as monetary sanctions and restoration, for breaches of the Resolución de Calificación Ambiental.95


B. What remedies have courts ordered in environmental cases to date?

Based on several cases and administrative penalties referred to in greater detail below, courts in Chile have imposed remedies such as: (i) enjoining or allowing citizens to enjoin or join in an action to enjoin entities from conducting certain actions; (ii) ordering the clean-up or restoration of certain areas; and (iii) fees and other monetary penalties.

Below are several cases and the holdings/remedies ordered by the courts:

  • Case Quintero-Punchaví (2019)96 (see Part I.B.)

    • Court: Supreme Court of Chile
    • Holding: The Court concluded that fundamental rights guaranteed by the Constitution were violated and accepted the action for protection, ordering the 15 measures to be adopted to protect the health of the affected population, including: (ii) that the authorities considered the relevance and usefulness of re-evaluating, and even increasing, if necessary, the requirements levels applicable to the different substances, gases or compounds produced in the different facilities; (iii) that an Emergency Plan was drawn up to deal with pollution emergencies and that a policy was designed to deal with contingency situations; among others. The Court also concluded that the actions of the authorities should be coordinated in order to achieve coherent and harmonious action at municipal, provincial, regional and national level. Finally, the Court ordered that all actions carried out to comply with the measures ordered in the judgement were to be kept updated on a web page, using, to the extent possible, clear language.97

  • Case Quintero-Punchaví (2022) 98 (see Part I.B.)

    • Court: Supreme Court of Chile
    • Holding: The Court found a violation of both the constitutional guarantee of the right to live in a pollution-free environment and the protection of the health and life of the inhabitants of the affected communities (articles 19(1), 19(8), 19(9) of the Constitution). The Court urged full compliance with the 15 measures previously set out in decision 5888-2019 (see above) to prevent the occurrence of new pollution events, including the preparation of a study by the Ministry of the Environment to determine the precise nature and characteristics of the fumes and substances produced by each and every one of the sources and the implementation of actions based on that study.99 The Court also reiterated the obligation of all State bodies to act in a proactive and coordinated manner in pursuit of the achievement of the established public objectives and the well-being of the population.100

  • Comunidad de Chañaral v. Codelco Division el Salvador (1988)

    • Court: Supreme Court of Chile
    • Holding: The court held that “a farmer had standing to enjoin drainage of” a lake.101

  • Pedro Flores v. Corporación del Cobre, Codelco, Division Salvador (1988) (See Part I.B)

    • Court: Supreme Court of Chile
    • Holding: The court “upheld a constitutional environmental right ‘to live in an environment free from contamination’ and stopped the deposition of copper mill tailings onto Chilean beaches that were adversely affecting protected marine life.”102

  • Aurelio Vargas v. Municipality of Santiago (1987)

    • Court: The Supreme Court of Chile
    • Holding: The Supreme Court ordered the clean-up of a rubbish dump [...] due to health considerations for neighbours.103

  • Trillium (see Part I.C.)

    • Court: Supreme Court of Chile
    • Holding: The court enjoined a project by the U.S.-based Trillium Corporation to log a number of trees in the Tierra del Fuego region in Chile. The court held “that the Chilean Constitution requires the maintenance of the original conditions of natural resources, and that State agencies are obliged to keep human intervention to a minimum.”104

  • CODEFF v. Ministry of Public Works and others (1985)

    • Court: Supreme Court of Chile
    • Holding: The Supreme Court “stopped the extraction of water of Lake Chungará” in Chile by CODEFF, which was a private conservationist entity, “because it would have raised salinity levels in a UNESCO biosphere reserve.”105

C. Are there any administrative authorities empowered to act on environmental complaints and if so, how are they empowered to respond to complaints?

The Ministry of Environment is a regulatory body that assists the President of Chile in the “design and implementation of environmental policies, plans and programmes” and in the “protection and conservation of biological diversity, renewable natural resources and water resources”.106 The Ministry for the Environment is divided into several branches, including a judicial division.107

Another regulatory authority overseen by the President of Chile through the Ministry of Environment is the Superintendency for the Environment (Superintedencia de Medio Ambiente, “SMA”), which "is exclusively responsible for the execution, organisation and coordination of the monitoring and control of the Environmental Qualification Resolutions, of the measures of the Preliminary and/or Environmental Decontamination Plans, of the content of the Environmental Quality Standards and Emissions, and of the Management Plans, where applicable, and of any other instruments of an environmental nature established by the Law.”108 The SMA has the power to carry out these inspection and sanctioning functions (i) directly, through its own officials, (ii) through sector organisations to which the SMA may assign certain inspection tasks “on the basis of programmes and sub-programmes to be jointly defined for this purpose”, and (iii) “through third parties duly accredited and authorised by the” SMA.109 Lastly, the SMA has the power to establish the environmental inspection criteria that will then be adopted and used by other organisations that are responsible for environmental inspection tasks.110 Generally, the SMA is the regulatory authority that is responsible for “compliance control and enforcement”.111

The Environmental Evaluation Service (“SEA”) “administers the [Environmental Impact Assessment System (the “SEIA”)] and interprets the relevant environmental resolution (Resolucion de Calificacion Ambiental) (RCA), which is the name for the Chilean environmental permit” and “promotes and facilitates public participation in project evaluation processes.”112 The SEIA is one of the procedures for assessing environmental impact and establishing the structure for agencies to issue certain environmental permits established by Law 19,300 (Environmental Law).113

The SEA is responsible for encouraging and facilitating participation by the public in the environmental evaluation process for certain projects, as well as for overseeing the SEIA and interpreting the Resolucion de Calificacion Ambiental.114

There are also a number of specialised authorities (e.g. specialised water authorities, sanitary services, etc.) that control matters that fall outside the remit of the SMA. Some of these sectoral authorities are the Ministry of Health, the General Water Directorate and the Superintendency of Sanitary Services.115

 
 

IV. Civil and political rights

Freedom of peaceful assembly

A. How is children’s right to engage in peaceful assembly, including protests, protected in national law?

Article 19(3) of the Constitution provides “the right to assemble peacefully without prior permission and unarmed”.116 However, in a statement made by the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association in 2015, it was argued that the exercise of the right to participate in peaceful assemblies is unduly restricted in Chile by Supreme Decree 1,086.117 This is because Supreme Decree 1,086 allowed local officials to prevent or break up assemblies that had not been previously authorised by the authorities, and denied permission to hold assemblies on various grounds, such as when they are deemed to disrupt public traffic.118 During 2018, the State committed before the Inter-American Court of Human Rights (IACHR) to review police regulations on the use of force and control of public order (Merits Report 31/17, Case No.12.880 "Edmundo Alex Lemun Saavedra and others").119 As part of the implementation of this agreement, Decree 1,364 of the Ministry of the Interior and Public Security (8 December 2018) and Circular 1832 on the use of force and General Order 2635 (Chile's police regulation), which contains the Protocols for the Maintenance of Public Order, were adopted.120 These Protocols specifically regulate intervention in demonstrations and the use of dissuasive means, including Protocol 3.2 (Eviction of primary and secondary educational establishments) and 4.3 (Deprivation of liberty of Children).121 Several of these protocols were modified by General Order 2,870 of September 2021, which, among others, eliminates the previous distinction between lawful and unlawful demonstrations, stating that all demonstrations (including those not authorised under Decree 1,086) are lawful, and that intervention is only possible when unlawful acts are committed.122 In addition, General Order 2,785 was issued in July 2020, which amends the Protocols by establishing a procedure for the release of children from police facilities without the need for removal by a responsible adult.123

Children have the right to take part in and promote public meetings and peaceful demonstrations convened in accordance with the law, whether of a festive, sporting, cultural, artistic, social, religious or any other nature, in the company of their parents or other responsible adults.124 Article 18 of the Law 21,430, which refers to social participation of children, states that this principle shall be implemented through the right to assembly, among others.125

B. Are there any legal limitations on the right of children to engage in peaceful assemblies?

Children must be accompanied by their parents or other responsible adults to participate in and promote public meetings and peaceful demonstrations.126

The Committee Against Torture expressed its concern at the many cases of police brutality and excessive use of force by security forces against demonstrators and at consistent reports of ill-treatment of detained demonstrators, of police brutality against members of the Mapuche people in the context of evictions and raids in their communities and of acts of sexual violence by the police against women and girls during student protests.127

In the Concluding Observations made by the Convention on the Rights of the Child (the “CRC”) in 2015, the Committee expressed that it was ‘deeply concerned about the repressive manner adopted by the State party to address the 2011-2012 demonstrations by students demanding changes in the education system’.128 The CRC therefore urged Chile to develop and monitor the implementation of police protocols and procedures on dealing with public protests that are compliant with human rights standards and the Convention.129

The United Nations General Assembly’s Report of the Working Group on the Universal Periodic Review made in 2019, it was recommended that Chile ‘guarantee and promote the rights to freedom of peaceful assembly’.130 Moreover, in the report of the United Nations’ mission to Chile in 2019, the Office of the High Commissioner for Human Rights stated that during the then recent protests, adolescents and youth were one of the groups most affected by repression of the protests, in particular secondary school and university students.131 According to a report by the Ombudsperson for Children (updated as of October 2022), 2,178 children were victims of human rights violations during these protests.132

C. What penalties can be imposed on children for engaging in school strikes?

No penalties beyond those described in the sections immediately above have been identified.


Freedom of expression

A. How is children’s right to freedom of expression protected in national law?

Article 19(6) of the Constitution provides “the freedom of thought, expression of belief’, and Article 19 of the International Covenant on Civil and Political Rights (the “ICCPR”), to which Chile is a state party, also guarantees the right to the freedom of expression and opinion.133 Yet in the United Nations General Assembly’s Report of the Working Group on the Universal Periodic Review made in 2019, it was recommended that Chile “provide effective safeguards for the full exercise of the right to freedom of expression recognized in the Constitution and in international treaties ratified by the country”, and “take the necessary measures to ensure the rights of all people to freedom of expression”.134

Law 21,430 establishes the right of children “to freely express and disseminate their opinions, without prior censorship, through any medium”.135 Children also have the right to “fully participate in the social, family, school, scientific, cultural, artistic, sporting or recreational life, among others, of their environment, whenever possible in accordance with their progressive autonomy”.136 It adds that “State bodies shall promote the opportunities and national and local mechanisms necessary for their progressive involvement in active citizenship, in accordance with their age and degree of personal development, so that their opinions are heard through permanent processes of exchange of ideas and are considered in the identification of needs and interests, in the adoption of decisions, the formulation of policies, plans and programmes that affect them, as well as in the evaluation of those policies, plans and programmes”.137

B. Are there any legal limits or restrictions on the right to freedom of expression that specifically apply to children?

In the Concluding Observations made by the CRC in 2015, the Committee expressed that it was “concerned that the legal system does not explicitly recognise children’s right to be heard and to have their views taken into account in all matters that affect them, in particular in education, health and family matters”.138 The CRC therefore recommended that Chile “ensure the effective implementation of legislation recognising the right of the child to be heard in all matters relating to children’s rights”.139 However, this right was recognised for children in 2022 with the passing of Law 21,430 (see above).140 Restrictions set out in the Constitution and laws may apply.141


Freedom of association

A. How is children’s right to freedom of association protected in national law?

Article 19(15) of the Constitution of Chile enshrines the right to freedom of association,142 and Article 22 of the ICCPR, to which Chile is a state party, guarantees the right to freedom of association.143 In a statement made in 2015, the United Nations’ Special Rapporteur on the rights to freedom of peaceful assembly and of association noted that “the right to freedom of association is generally respected in Chile", and "commended the State for the efforts made to ensure that people can organise to achieve a common purpose”.144

The law recognises the right of all children to associate freely with other individuals for social, cultural, sporting, recreational, religious, political or any other purposes.145

B. Are there any legal limits or restrictions on the right to association that specifically apply to children?

In the United Nations General Assembly’s Report of the Working Group on the Universal Periodic Review (2019), it was recommended that Chile “take the necessary measures to ensure the rights of all people to freedom of association”.146

In terms of children’s right to freedom of association, in the Concluding Observations made by the CRC in 2015, the Committee expressed that it was “concerned that children are not considered rights holders in Act No. 20500 (2011) on associations and civic participation in public affairs”.147 The CRC therefore recommended that Chile “review Act No. 20500 (2011) to recognise and guarantee children’s right to direct participation in associations”.148 However, in 2022 this right was recognised to all children “without restrictions other than those provided for in the Constitution and the law”.149


Access to information

A. How is children’s right to access information protected in national law?

Article 19(12) of the Constitution establishes "the freedom to express opinions and to inform, without prior censorship, in any form and by any means, without prejudice to liability for offences and abuses committed in the exercise of these freedoms, in accordance with the law".150

Children have the right to “seek, receive and use information in any media, appropriate to their age, maturity and stage of development, especially in digital media, enabling them to act in a safe and responsible way in these media”.151

In 2022, Chile acceded to the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement).152

B. Are there any legal limits or restrictions on the right to access information that apply specifically to children?

Children have the right to access information “without prejudice to the supervision that their parents or caregivers may provide”.153

C. Does the national curriculum for schools include environmental education?

Law 19,300 states that environmental education is "a permanent process of an interdisciplinary nature aimed at the formation of citizenship that recognises values, clarifies concepts and develops the skills and attitudes necessary for harmonious coexistence between human beings, their culture and their surrounding physical environment" (Article 2(h)).154

In 2009, the National Policy on Education for Sustainability was approved.155 This is “a document that establishes the main guidelines that determine the actions of the different sectors in the field of environmental education, with the sole aim of forming an active civil society in the construction of the country's sustainable development”.156

With the creation of the Ministry for the Environment in 2010, the environmental education and citizen participation division carried out activities to introduce the objectives of sustainability in schools.157 The National System of Environmental Certification of Educational Institutions (SNCAE) employed the discourse of sustainability to encourage the formation of environmental protection-enhancing habits and behaviours in administrative management as well as pedagogy.158

One of the core ideas guiding national education is sustainability, which is included in Law No. 20.370 (2009), the General Education Act. As a show of solidarity with future generations, this principle calls on the educational system to implement programmes that promote environmental awareness and responsible resource use.159

Although there are initiatives, like the SNCAE, to address environmental issues in Chilean formal education settings, their execution is contingent upon the willingness of teachers and administrative personnel.160 Moreover, in Chilean educational programmes, the contents related to sustainable development are focused more on the delivery of social practices of sustainable behaviour than on the delivery of scientific knowledge that would support reflection and the argumentative capacity of students.161 In 2015, in the Concluding Observations made by the CRC Committee, the Committee recommended that Chile “increase children’s awareness and preparedness for climate change and natural disasters by incorporating the topic into the school curriculum and teachers’ training programmes”.162 Furthermore, the Committee expressed its concern that education in Chile is strictly evaluated according to instrumental and cognitive standards and indicators, excluding values and attitudes such as respect for the environment, and therefore recommended that Chile ensure, in all public, semi-private and private schools, that education contributes to development of respect for the natural environment.163

In 2022, Law 21,430 on guarantees and comprehensive protection of children's rights recognised promoting respect for the environment as one of the aims of education and established that the State must promote “educational, informative and awareness-raising programmes for the responsible and sustainable use of natural resources and the acquisition of positive habits for the conservation of the environment and the mitigation of the effects of climate change”.164

***

End notes

1 Article 19 (8) of the Constitution of the Republic of Chile, 1980 (rev. 2015), available at: https://www.constituteproject.org/constitution/Chile_2015?lang=en.

2 Ibid.

3 Ibid.

4 Gonzalo Augilar Cavallo, Las Deficiencias de la Fórmula ‘Derecho a Vivir en un Medio Ambiente Libre de Contaminación’ en la Constitución Chilena y Algunas Propuestas Para Su Revisión, 14 Estudios Constitucionales (2016), available at: https://scielo.conicyt.cl/scielo.phpscript=sci_arttext&pid=S0718-52002016000200012#102.

5 Ibid.

6 Ibid.

7 Ibid.

8 Ibid.

9 Ibid.

10 Ibid.

11 Erin Daly, Constitutional Protection for Environmental Rights: The Benefits of Environmental Process, 17 International Journal of Peace Studies (2012), pp. 71-80. Available at: https://www.jstor.org/stable/41853036.

12 Supreme Court of Chile: Central Termoeléctrica Campiche. Appeal for protection. No. 1219-2009. 22 June 2009. Para. 6. Available (in Spanish) at: https://www.jurischile.com/2010/07/se-acoge-recurso-de-proteccion-contra.html?m=1.

13 Supra note 4.

14 Ibid.

15 Ibid.

16 Ibid.

17 Supreme Court of Chile: Quintero-Puchuncaví. No. 5.888-2019. 28 May 2019. Available (in Spanish) at: https://observatoriop10.cepal.org/es/jurisprudencia/sentencia-la-corte-suprema-chile-rol-num-5888-2019.

18 Ibid; Alejandra Donoso Cáceres, “Zonas de sacrificio” y justicia ambiental. Comentario a la sentencia de la Corte Suprema Rol No 5.888-2019, 1 Anuario de Derecho Público 209 (2019), available (in Spanish) at: https://dialnet.unirioja.es/servlet/articulo?codigo=8147089.

19 Supra note 17.

20 Ibid para. 1.

21 Ibid.

22 DOE, Actualidad Jurídica (2023), https://actualidadjuridica.doe.cl/corte-suprema-revoco-sentencia-y-acogio-los-recursos-de-proteccion-por-la-emergencia-ambiental-vivida-en-quintero-y-puchuncavi-en-junio-de-2022/; Supreme Court. No. 170.273-2022. 26 May 2023. Available at: https://www.doe.cl/alerta/09062023/202306093001.

23 Ibid.

24 Daniela Navarro Scholz, El principio de equidad intergeneracional y la legitimación activa en el recurso de protección ambiental, Centre for Environmental Law, University of Chile (2021). Available (in Spanish) at: https://derecho.uchile.cl/centro-de-derecho-ambiental/columnas-de-opinion/tribunadiplomado-d-navarro-principio-de-equidad-intergeneracional.

25 Andrés Bordalí Salamanca, Empresa Forestal Trillium Limitada, VIII Revista de Derecho 123 (1997). Available (in Spanish) at: http://revistas.uach.cl/index.php/revider/article/view/3060.

26 Supreme Court of Chile: Trillium I. 19 March 1997. Para. 13. Available (in Spanish) at: https://www.fima.cl/2010/04/05/caso-trillium-i-y-ii/.

27 Court of Appeals of Valparaíso: Chinchimén Ecological Action Group and others. Action for Protection. No. 317-2008. 8 January 2009. Para. 15.

28 Supreme Court of Chile: Flores Tapia, Cristián and others with Minera Los Pelambres. No. 12938-2013. 21 October 2014. Para. 25.

29 Ibid.

30 Ley 19.300 Sobre Bases Generales del Medio Ambiente (National Law 19,300), available at: https://www.leychile.cl/Navegar?idNorma=30667.

31 Ibid.

32 Ley 20.417 que crea el ministerio, el servicio de evaluación ambiental y la superintendenciasuiperintendencia del medio ambiente (National Law 20,417), available at: https://www.leychile.cl/Navegar?idNorma=1010459.

33 Ibid.

34 Ley 20.600 que crea los Tribunales Ambientales (National Law 20,600), available at: https://www.leychile.cl/Navegar?idNorma=1041361.

35 Ley 21.430 sobre garantías y protección integral de los derechos de la niñez y adolescencia (Law 21,430), available at: https://www.bcn.cl/leychile/navegar?idNorma=1173643.

36 Ibid Article 25.

37 Ibid Article 48.

38 Ibid.

39 Department of Environmental Health, Ministry of Health, https://dipol.minsal.cl/departamentos-2/salud-ambiental/.

40 Reports are available at Sistema Nacional de Información Ambiental (SINiA), Ministry for the Environment, https://sinia.mma.gob.cl/estado-del-medio-ambiente/#reportes.

41 Reporte del Estado del Medio Ambiente 2022 (State of the Environment Report 2022), Ministry for the Environment (2022), available at: https://sinia.mma.gob.cl/estado-del-medio-ambiente/reporte-del-estado-del-medio-ambiente-2022/.

42 Informe de Evaluación de Riesgos en la Comuna de Arica por la Presencia de Polimetales en la Matriz Suelo ID 608897-198-LP15 (Faculty of Medicine, Pontificia Universidad Católica de Chile, 2016). Available at: https://mma.gob.cl/wp-content/uploads/2018/10/Estudio-Riesgo-Arica.pdf.

43 Ibid.

44 Ibid.

45 Andrei N. Tchernitchin, Juvenal Ríos, Isel Cortés and Leonardo Gaete, Polimetales en agua de Arica-Parinacota. Posibles orígenes y efectos en la salud. XIV Congreso Geológico Chileno (2015). Available at: https://catalogobiblioteca.sernageomin.cl/Archivos/14905_v3_pp_296_299.pdf.

46 Ibid.

47 Ibid.

48 Niños, niñas y adolescentes: el impacto del daño en el medio ambiente en el ejercicio de sus derechos, caso chileno (Opción por los Derechos de Niños y Niñas). Available at: https://www.ohchr.org/sites/default/files/Documents/HRBodies/CRC/Discussions/2016/Opcion.pdf.

49 Ibid.

50 Ibid.

51 Ibid.

52 Ibid.

53 Ibid.

54 Ibid.

55 UN expert warns Chile faces storm of environmental injustices, praises good practices (UN, 12 May 2023). Available at: https://www.ohchr.org/en/press-releases/2023/05/experto-de-las-naciones-unidas-advierte-que-chile-enfrenta-una-tormenta-de.

56 Ibid.

57 “Registro de Emisiones y Transferencias de Contaminantes”, Ministerio del Medio Ambiente (Ministry of the Environment), available at https://retc.mma.gob.cl/.

58 Supra note 30, Article 70 (p).

59 Ley que Aprueba Reglamento del Registro de Emisiones y Transferencias de Contaminantes, RETC, D.S. N° 1/2013 MMA (Law Approving the Regulation of the Pollutant Release and Transfer Register), available at: https://www.leychile.cl/Navegar?idNorma=1050536.

60 See Jose Antonio Urrutia and Sebastian Aviles, Urrutia & Cia., Environmental law and practice in Chile: overview (2015).

61 See James R. May and Erin Daly, Global Judicial Handbook on Environmental Constitutionalism (3rd Edition, 2019), available at: https://unece.org/fileadmin/DAM/env/pp/a.to.j/JEN/2019_JEN/UNEP_Handbook_on_Environmental_Constitutionalism__3d_ed.pdf.

62 Supra note 1, Article 20.

63 Ibid.

64 Supra note 61.

65 Global Legal Monitor; Chile Creates Environmental Courts (August 1, 2012), available at: https://www.loc.gov/item/global-legal-monitor/2012-08-01/chile-new-law-creates-environmental-courts/; Supra note 34, Article 1.

66 Ibid.

67 Supra note 34, Article 17; Supra note 61.

68 See Paulina Riquelme and Iveette Cárdenas, Environmental Law 2019 Chile (2019). Chambers and Partners. Available at: https://www.eelaw.cl/files/publication/pdf/2/Guia_Chambers_2019_2da_version_.pdf.

69 Ibid.

70 Ibid.

71 Ley 20.417 que crea el Ministerio, el Servicio de Evaluación Ambiental y la Superintendencia del Medio Ambiente (Law No. 20,417), Section III, para 2. Available at: https://www.bcn.cl/leychile/navegar?idNorma=1010459.

72 Supra note 69.

73 Ibid.

74 Ibid.

75 Ibid.

76 Supra note 34, Articles 17 and 18

77 Tribunal Ambiental, Santiago de Chile; “Accesso al Tribunal”, https://tribunalambiental.cl/quienes-pueden-iniciar-una-causa/.

78 Ibid.

79 Ibid.

80 Ibid.

81 Ibid. See supra note 61.

82 See supra note 69.

83 See Matías Cortes de la Cerda, Product Liability and Safety in Chile: Overview (Thomson Reuters Practical Law, 2018), available at: https://content.next.westlaw.com/Document/I8efbb762119511e89bf099c0ee06c731/View/FullText.html?contextData(sc.Default)&transitionType=Default.

84 Álvaro Paúl, Sana Crítica: The System for Weighing Evidence Utilized by the Inter-American Court of Human Rights, Buffalo Human 18 Rights Law Review 193 (2012), available at: https://ssrn.com/abstract=1804066.

85 Supra note 34.

86 See supra note 69.

87 Supra note 30.

88 ¿Qué asesoría legal existe disponible?, Poder Ambiental, https://poderambiental.cl/danos-medioambiente/que-asesoria-legal-gratuita-existe-disponible/.

89 Ibid.

90 Defensoría de la Niñez, https://www.defensorianinez.cl/.

91 Supra note 62.

92 Ibid.

93 Ibid.

94 Supra note 61.

95 Ibid.

96 Supreme Court’s decision 5.888-2019, available at: https://observatoriop10.cepal.org/es/media/81.

97 Ibid, para. 57.

98 Supreme Court’s decision 170.273-2022, available at: https://actualidadjuridica.doe.cl/corte-suprema-revoco-sentencia-y-acogio-los-recursos-de-proteccion-por-la-emergencia-ambiental-vivida-en-quintero-y-puchuncavi-en-junio-de-2022/.

99 Ibid.

100 Ibid.

101 Supra note 62.

102 Ibid.

103 Ibid.

104 Ibid.

105 Ibid.

106 Supra note 61.

107 A diagram of the various divisions within the Ministry of Environment is available at: https://mma.gob.cl/estructura-organizacional/.

108 What is the SMA?, Superintendencia del Medio Ambiente Gobierno de Chile, available at: https://portal.sma.gob.cl/index.php/que-es-la-sma/.

109 Ibid.

110 Ibid.

111 Supra note 61.

112 Ibid.

113 Ibid.

114 Ibid.

115 Ibid.

116 Supra note 1, Article 13.

117 Statement by Maina Kiai, United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association, at the conclusion of his visit to the Republic of Chile (21-30 September 2015), available at: https://www.ohchr.org/en/statements/2015/09/statement-maina-kiai-united-nations-special-rapporteur-rights-freedom-peaceful.

118 See Supreme Decree 1,086 (16/09/1983) on public assemblies, available at: https://www.interior.gob.cl/transparencia/doc/MarcoNormativoAplicable/200/5691825.pdf.

119 The report is available (in Spanish) here: https://www.oas.org/es/cidh/decisiones/2021/chpu12.880es.pdf.

120 Decree 1,364 establishing provisions on the use of force in police interventions for the maintenance of public order, available (in Spanish) at: https://www.bcn.cl/leychile/navegar?idNorma=1126341; Circular 1832 on the use of force: updated instructions on the use of force, available (in Spanish) at: https://www.bcn.cl/leychile/navegar?idNorma=1129442&idParte=&idVersion=; General Order 2,635, available (in Spanish) at: https://www.diariooficial.interior.gob.cl/publicaciones/2019/03/04/42295/01/1556120.pdf (p. 4).

121 Ibid, General Order 2,635.

122 Order 2,870 updating the protocols for the maintenance and restoration of public order, available at: https://www.bcn.cl/leychile/navegar?i=1165383&f=2021-09-20.

123 Order 2,785 establishing the police procedure for releasing adolescents from custody or handing them over to a responsible adult: amends the general order, lays down provisions and approves the acts specified therein, available (in Spanish) at: https://www.bcn.cl/leychile/navegar?idNorma=1147789.

124 Supra note 35, Article 31.

125 Ibid.

126 Supra note 126.

127 Committee against Torture, Concluding observations on the sixth periodic report of Chile, CAT/C/CHL/CO/6, para. 22, available at: https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Download.aspx?symbolno=CAT%2FC%2FCHL%2FCO%2F6&Lang=es. See also Committee on the Rights of the Child, Concluding observations on the combined fourth and fifth periodic reports of Chile, CRC/C/CHL/CO/4-5, para. 36, available at: https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Download.aspx?symbolno=CRC/C/CHL/CO/4-5&Lang=Sp; Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association on his mission to Chile, A/HRC/32/36/Add.1, paras. 42 and 54, available at: https://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/32/36/Add.1; Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Visit to Chile undertaken from 4 to 13 April 2016: observations and recommendations addressed to the State party CAT/OP/CHL/1, para. 114, available at: https://undocs.org/Home/Mobile?FinalSymbol=CAT%2FOP%2FCHL%2F1&Language=E&DeviceType=Desktop&LangRequested=False; and Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, A/HRC/25/59/Add.2, para. 69, available at: https://undocs.org/Home/Mobile?FinalSymbol=A%2FHRC%2F25%2F59%2FAdd.2&Language=E&DeviceType=Desktop&LangRequested=False.

128 Ibid, CRC/C/CHL/CO/4-5.

129 Ibid, CRC/C/CHL/CO/4-5.

130 United Nations General Assembly, Report of the Working Group on the Universal Periodic Review, Chile, 24 June-12 July 2019, Agenda item 6, available at: https://www.upr-info.org/sites/default/files/documents/2018-12/e.pdf OpenElement, paragraph 125.88.

131 United Nations Human Rights, Report of the Mission to Chile 30 October – 22 November 2019, available at: https://www.ohchr.org/en/documents/country-reports/report-mission-chile-30-october-22-november-2019. On 25 October 2019, following protests and social upheaval in Chile, the Office of the High Commissioner for Human Rights (OHCHR) announced that a team would conduct a visit to the country.

132 Report available (in Spanish) at: https://www.defensorianinez.cl/segun-nuevo-informe-de-seguimiento-de-la-defensoria-de-la-ninez-2-178-ninos-ninas-y-adolescentes-sufrieron-violaciones-a-sus-derechos-humanos-en-el-estallido-social/.

133 Supra note 1, Article 11; Article 19(2) of the International Covenant on Civil and Political Rights (ICCPR), available at: https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx.

134 Supra note 130, para. 125.87.

135 Supra note 35, Article 29.

136 Supra note 35.

137 Ibid.

138 Supra note 130, CRC/C/CHL/CO/4-5.

139 Ibid.

140 Supra note 35.

141 Supra note 138.

142 Supra note 1, Article 15.

143 Supra note 136 (ICCPR), Article 22(1).

144 Statement by the United Nations Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association at the Conclusion of his Visit to the Republic of Chile, 30 September 2015, available at: http://freeassembly.net/news/statement-chile/.

145 Supra note 35, Article 31.

146 Supra note 133.

147 Supra note 130, CRC/C/CHL/CO/4-5.

148 Supra note 130, CRC/C/CHL/CO/4-5.

149 Supra note 35, Article 31.

150 Supra note 1, Article 12.

151 Supra note 35, Article 29.

152 Available at: https://www.cepal.org/en/escazuagreement.

153 Supra note 35, Article 29.

154 Supra note 30, Article 2(h).

155 Educación Ambiental y Participación Ciudadana, Ministerio del Medio Ambiente, https://educacion.mma.gob.cl/que-es-educacion-ambiental/.

156 Ibid.

157 Adolfo Berríos Villarroel and Jaime González Gamboa, Educación para el desarrollo sustentable en Chile: deconstrucción pedagógica para una ciudadanía activa. 20 Actualidades Investigativas en Educación 570 (2020), available (in Spanish) at: https://dx.doi.org/10.15517/aie.v20i2.41664.

158 Ibid.

159 Ibid.

160 Ibid.

161 Ibid.

162 Supra note, CRC/C/CHL/CO/4-5.

163 Ibid.

164 Supra note 35, Articles 41 and 48.