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Chile

Chile

Political Constitution of the Republic of Chile (1980)

Chapter 3, Article 19, Section 8:

“The right to live in an environment free from contamination. It is the duty of the State to see to [it] that this right will not be affected and to guard the preservation of nature. The law can establish specific restrictions on the exercise of certain rights or freedoms in order to protect the environment.”

Chapter 3, Article 20:

“Anybody who, due to arbitrary or illegal actions or omissions, suffers privation, disturbance or threats in the legitimate exercise of the rights and guarantees established in Article 19 [including a “right to live in an environment that is free from contamination”] … (24) … may … approach the respective Court of Appeal which shall immediately adopt the measures that it deems necessary to re-establish the rule of law and to ensure the due protection of the affected person without prejudice to other rights which he/she might invoke before the competent authorities or courts. The action for the protection of fundamental rights (recurso de proteccion) shall always lie in the case of numeral 8 of Article 19, when the right to live in an environment free from contamination has been affected by an illegal act or omission imputable to an authority or specific person.”

Chapter 3, Article 19:

“The Constitution guarantees to all persons … … (8) The right to live in an environment that is free from contamination. It is the duty of the State to see to that this right will not be affected and to guard the preservation of nature.”