State Obligations and Treaty Validity in Chilean Human Rights Law
4. Obligations of State Bodies Regarding Human Rights
By adding Article 5, Paragraph 2, it is established that state bodies have a duty to respect and promote the rights guaranteed by the Constitution and international treaties ratified by Chile that are currently in force. In establishing this provision, the obligations of the state are understood as follows:
- Respecting Human Rights: Minimally, this is the obligation not to violate these rights. However, it also includes the recognition of these rights to ensure their use and exercise are possible. This implies establishing real and effective remedies for their protection and creating legal standards for that purpose.
- Promoting Human Rights: This is essentially an active duty. The state must