The UN Special Rapporteur for health rights on Wednesday urged Chile to modify its constitution to comply with international human rights standards by ensuring universal health rights, arguing that constitutional changes are essential to guarantee fair access to healthcare, including safe abortion and mental health services.
The right to health is essential for human dignity and equality, encompassing freedoms to make independent health choices and entitlements to a comprehensive health protection system. This includes access to medical services and addressing social determinants like housing, nutrition, and education. Integrating this right into Chile’s constitution would create a binding obligation for the state to uphold these rights, transforming health from a privilege into a universally enforceable right. The Committee on Economic, Social and Cultural Rights emphasizes the need for prompt state action to ensure fair health access. Such constitutional recognition would bolster the rule of law, empower individuals against systemic inequities, and align health systems with international human rights standards, promoting justice and equity.
Since returning to democracy in 1990, Chile has made significant healthcare advancements. However, Special Rapporteur Mofokeng highlighted ongoing inequalities between the public and private sectors, particularly affecting marginalized communities like Indigenous populations, migrants, and those with diverse gender identities. Mofokeng urged the government to prioritize laws and funding for universal healthcare, emphasizing the need for the right to health to be recognized in the legal framework to address social factors impacting health and protect disadvantaged communities.
Access to sexual and reproductive health services, including safe abortion, remains inadequate in Chile. While abortion has been decriminalized in some instances (rape, non-viable fetus, or maternal life risk), these measures fall short of international human rights standards. Mofokeng highlighted the need to remove barriers like excessive conscientious objections and delays for minors. Chile was encouraged to ensure nationwide access to abortion services, adopt WHO evidence-based guidelines, and guarantee that every healthcare facility has at least one abortion care provider.
Mental health services were recognized as another vital area needing immediate focus. Chile has experienced increasing calls for mental health assistance, intensified by the COVID-19 pandemic and the intergenerational trauma stemming from abuses during the dictatorship era. Mofokeng highlighted the necessity for community-based mental health services, increased psychosocial assistance, and sufficient safeguards for healthcare professionals facing burnout and stress. She highlighted suggested legislation concerning mental health in educational environments as crucial measures that should be fast-tracked.
Mofokeng emphasized the significance of community participation and openness in legal reforms, especially when formulating new health-related legislation. She encouraged Chile to take advantage of the chance to incorporate the right to health into its constitution and harmonize its legal framework with international human rights norms. She claimed that such reforms are vital for ensuring dignity and equality for all Chileans. Her concluding report, scheduled for presentation at the 59th UN Human Rights Council session in June 2025, will provide comprehensive recommendations to tackle these significant challenges.
