Chile - Human Rights

In 2005, through Supreme Decree N° 84 of the Ministry of Foreign Affairs, the ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families was enacted. Similarly, in December 2004, Supreme Decree N° 342, enacted the United Nations Convention Against Transnational Organised Crime and its Protocols Against Illicit Smuggling by Land, Sea, and Air, and to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children.

Both international conventions have contributed to migration management in Chile. According to what has been established in national legislation, the Convention on the Protection of the Rights of All Migrant Workers and their Families, like all international conventions regarding human rights, forms part of the internal legislation, and therefore, its applicability is guaranteed by the system of sources. In addition, pursuant to Article 5, paragraph 2, of the Political Constitution of the Republic, they have constitutional ranking. For the Constitutional Court, international treaties regarding human rights have a judicial force superior to the law, considering that in the application of both principles in a concrete case, those of the treaty will prevail over the national law.

The above became evident with the set of reforms made to the Constitution in 2005, in which it was established that “…Provisions of a treaty can only be repealed, modified, or suspended in the manner provided in the treaties themselves, or according to general standards of international law….” This provision is of utmost importance for the respect of international human rights law within national legislation, due to the fact that it impedes an international standard of human rights, binding for the State, be disregarded or unenforceable by an internal regulation of the State.