Social Rights and the Constitutional Moment: Learning from Chile and International Experiences

Contents
List of Contributors
List of Cases
1. Introduction: Social Rights and the Constitutional Moment
	I. Chile's Constitutional Moment
	II. The Constitutionalisation of Social Rights
	III. This Book's Contribution
2. Yesterday's Accomplices, Beneficiaries of Today: The Knots of Inequality Tied by the Dictatorship
	I. Introduction
	II. Economic Complicity and Inequality
	III. Complicity, Economic and Social Rights, and the New Constitution
	IV. Conclusions
3. An Open Constitution to Reverse Chile's Neoliberal Trajectory
	I. Introduction
	II. Economic Constitution
	III. The Constitution of 1980 and Neoliberal Consolidation
	IV. A Constitution to Reverse the Neoliberal Trajectory
	V. Conclusions
4. Advancing Equal Rights in Constitutions: Insights from 193 Countries
	I. Introduction
	II. Whose Rights? Covering All Forms of Discrimination
	III. Which Rights? Key Protections for All Groups
	IV. The State of the World: Protections for Equal Rights in 193 Constitutions
	V. Strengthening Equal Rights Protections: Considerations for Specific Groups
	VI. Addressing Historic Discrimination: Context-Specific Considerations
	VII. Conclusion
5. Socio-Economic Rights in South Africa’s Constitution:
Aspirations, Achievements, Disappointments and Lessons
	I. Introduction
	II. Aspirations
	III. Achievements
	IV. Disappointments
	V. Lessons
	VI. Conclusion
6. Publicity and the Rule of Law: Access to Public Information in the Political Constitution of Colombia
	I. Introduction
	II. Origin and Evolution
	III. Access to Public Information as a Guarantee of ESC Rights
	IV. Conclusion
7. The Path of the Inter-American Court Towards Direct Justiciability
of Economic, Social, Cultural
and Environmental Rights:
Impact on Domestic Legal Systems
	I. Introduction
	II. The Court's Change of Direction and its Impact on Domestic Legal Systems
	III. A Brief Overview: From Indirect to Direct Justiciability
	IV. Direct and Autonomous Justiciability of Economic, Social, Cultural and Environmental Rights through Article 26: from Lagos del Campo to Lhaka Honhat Association
	V. Scope of the Right to Health: Elder People, HIV/AIDS, Tuberculosis, and Intersectional Discrimination
	VI. Conclusion
8. Constitutional Provisions on Disability Rights: National Approaches
and International Context
	I. Introduction
	II. The International Context of Disability Rights
	III. Protection of Disability Rights in Constitutions Worldwide
	IV. New Constitutions following the CRPD's Adoption
	V. Conclusion
9. Persons with Disabilities in the Chilean Constitution-Making Process
	I. Introduction
	II. Persons with Disabilities in the Constitution-Making Process
	III. The Electoral Quota for Persons with Disabilities in the Constitution-Making Process
	IV. Conclusions
10. The Right to Education in Chile: Evolution, Critical Issues and Perspectives of Change
	I. Introduction
	II. Education and the Market: Origins and Continuity
	III. Structural Transformations
	IV. Problems and Challenges
	V. Conclusion
11. Integrating the Abidjan Principles
on the Right to Education
into the Constitution:
Keys for the Chilean Process
	I. Introduction
	II. The Constitutional Protection of the Right to Education
	III. The Abidjan Principles and the Right to Education
	IV. Tensions in the Chilean Context
	V. Legal Incorporation of the Right to Education in Light of the Abidjan Principles
	VI. Aligning the Constitution with the Right to Education
	VII. Conclusion
12. Taking the Right to Adequate
Housing Seriously in Chile’s Next Constitution: Building from Scratch
	I. Introduction
	II. A Look at International Human Rights Law and Comparative Practice
	III. Constitutionalising the Right to Adequate Housing in Chile: What it Means in Practice
	IV. Concluding Remarks
13. Health Rights in the New Chilean Constitution
	I. Introduction
	II. A Moral Foundation for Health Rights
	III. Modern Healthcare Systems
	IV. Health Resource Allocation Models
	V. The Chilean Healthcare Allocation Model
	VI. Proposal to Enshrine Health Rights in the New Chilean Constitution
	VII. Conclusion
14. The Right to Social Security in Chile's Constitution: Considerations and Opportunities
	I. Chilean Context: The Social Contract and the Role of Social Security
	II. Social Security and its Role in Society
	III. Right to Social Security: Principles and the Importance of a Rights-Based Approach
	IV. Brief Comparative Summary of Social Security Rights as Envisaged in Constitutions across the Globe
	V. Conclusion
15. Environmental Issues in a New Constitution
	I. Introduction
	II. The Constitution of 1980: Oblivious to the Collective Nature of Environmental Issues
	III. A Greener Constitution
Bibliography
Index