Chile has been called upon by the United Nations to amend its constitution to better align with international human rights standards, especially concerning health rights. The UN Special Rapporteur for health rights, Tlaleng Mofokeng, emphasized the importance of embedding universal health rights into Chile’s constitutional framework to ensure equitable access to healthcare services, including safe abortion and mental health support. More details here.
In her statements, Mofokeng highlighted that the right to health is fundamental to human dignity and involves both the freedom to make independent health choices and entitlements to a comprehensive health protection system. This right encompasses access to medical services, housing, nutrition, and education — aspects that are crucial to diminishing social and health disparities. The proposal to incorporate this right into Chile’s constitution is intended to impose a binding obligation on the state to safeguard these rights, transforming healthcare from a privilege to a universally enforceable right.
The Committee on Economic, Social, and Cultural Rights has reiterated the urgency of state actions to secure fair access to healthcare. By revising its constitution, Chile could reinforce legal frameworks promoting equality and justice, thus enabling the country to meet international human rights benchmarks.
Since regaining democracy in 1990, Chile has made strides in healthcare but still faces challenges, particularly in disparities between public and private sector services that predominantly affect marginalized groups, including Indigenous populations and migrants. Mofokeng has advocated prioritizing laws that would provide universal healthcare coverage, emphasizing the importance of legal recognition of health rights to address social inequities affecting health. The recommendation is for Chile to enact policies that ensure the provision of sexual and reproductive health services by adopting evidence-based guidelines from the World Health Organization.
Mental health services, another critical focus, demand urgent attention in light of increased calls for help during the COVID-19 pandemic and ongoing trauma from historical abuses. Mofokeng advocates for legislation to strengthen mental health in educational settings and enhance community-based services. Her upcoming report at the 59th UN Human Rights Council session in June 2025 is expected to present comprehensive strategies to address these exigent issues.
The emphasis on constitutional reform as a vehicle for legal empowerment and system alignment with international norms underscores the significance of community participation in legislative processes, granting all Chileans an opportunity to enjoy dignity and equality in health rights.