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Chile

Chile

Political Constitution of the Republic of Chile (1980)

Chapter 3, Article 19:

“The Constitution guarantees to all persons:…(8) The right to live in an environment free of contamination. It is the duty of the State to ensure that this right is not jeopardized and to promote the preservation of nature. The law may establish specific restrictions on the exercise of certain rights or freedoms to protect the environment.”

Chapter 3, Article 20:

“He who should, due to arbitrary or illegal acts or omissions suffers deprivation, disruption or threat in the legitimate exercise of the rights and guaranties established in article 19…may personally, or through anyone on his behalf, resort to the respective Court of Appeals, which shall immediately take the measures it deems necessary to restore the rule of law and ensure the due protection of the affected party, notwithstanding the other rights that he may assert before the authority or the corresponding courts.

Likewise, the remedy of protection will also proceed in the case of number 8 of article 19, when the right to live in a pollution-free environment is affected by an unlawful act or omission attributable to a specific authority or person.”