Chilean Citizenship: Rights, Requirements, and Loss of Status

Requirements for Chilean Citizenship (Art. 13, CPE 1980)

• Be 18 years of age.
• Not have been sentenced to corporal punishment.

Citizenship Rights Granted (Art. 13, CPE 1980)

The status of citizen grants voting rights, eligibility for elective office, and other rights conferred by the Constitution or the law.

Characteristics of Suffrage (Art. 15, CPE 1980)

• Suffrage is universal.
• Suffrage is equal.
• The vote is secret.
• Voting is compulsory (Reformed).

Additional principles:

• Suffrage is direct.
• The vote must be informed.

Disqualification from Suffrage (Art. 16, CPE 1980)

The right to vote is suspended:

1. On interdiction if found with dementia.
2. For the person accused of a crime that deserves corporal punishment or a crime that the law qualifies as terrorist behavior.
3. For having been sanctioned by the Constitutional Court in accordance with clause seventh of number 15 of article 19 of this Constitution. The right to vote is recovered after five years from the Court's statement.

Two important notes about Article 16, CPE 1980:

• This article refers to the temporary inability to exercise the right to vote.
• The grounds specified in this article are exhaustive.

Third Cause for Disqualification (Art. 19, CPE 1980)

Having been sanctioned by the Constitutional Court under the seventh paragraph of number 15, referring to people or facts that motivate the declaration of unconstitutionality of parties, movements, or other organizations by the Constitutional Court. Sanctions, including suspension of the right to vote, have a duration of five years from the respective statement. In case of recurrence, the suspension increases to 10 years.

Loss of Citizenship (Art. 17, CPE 1980)

The quality of citizenship is lost:

1. On loss of Chilean nationality.
2. On being sentenced to corporal punishment.
3. For conviction of crimes that the law qualifies as terrorist behavior and those related to drug trafficking that have also earned corporal punishment.

Recovery of Citizenship (Art. 17, CPE 1980)

Those who have lost citizenship on the grounds specified in item 2° can recover it in accordance with the law, once their criminal liability is extinguished. Those who lost it for the reasons provided in item 3° may apply for rehabilitation to the Senate after serving their sentence.

Recovery Scenarios:

A) Loss due to loss of nationality: If citizenship is lost due to loss of nationality under Article 11, CPE 1980, it is restored upon rehabilitation of nationality.

B) Loss due to corporal punishment: Citizenship is recovered upon effective compliance with custodial sentences, death of the person, amnesty, pardon, forgiveness of the victim (crimes of private action), prescription of criminal proceedings, or prescription of the penalty (Section 93, Criminal Code).

C) Loss due to terrorism or drug trafficking: Citizenship is recovered after serving the sentence and requires rehabilitation by the Senate. Article 53, CPE 1980: The Senate has exclusive powers, including (No. 4) awarding rehabilitation of citizenship in the case of Article 17, number 3 of this Constitution.