Chilean Nationality and Citizenship

Article 12: Appealing a Claim for Loss or Lack of Chilean Nationality

A person affected by an administrative act or decision that deprives them of Chilean nationality, or where such nationality is unknown, may appeal, in person or by anyone on their behalf, within thirty days, before the Supreme Court, known as a full court jury. The appeal will suspend the effects of the act or resolution appealed.

There can be no rule of law if the state is not subject to the law. Administrative acts are the only actionable complaints.

Analysis of Article 12

It would be more accurate to refer to the affected Chilean individual as the person affected by the act or resolution (issued by administrative or legislative authority). The challenged act pertains only to those listed in Article 11, No. 2 and No. 3, also concerning unknown Chilean nationality in the case of Article 10, No. 1, when the right of option is unknown. This person has the right to appeal through a constitutional action.

• Court: Supreme Court as the court of last instance.
• Appellant: The individual themselves or anyone on their behalf, without needing to prove legal standing, as these are constitutional actions.
• Period: 30 consecutive days.
• Court Composition: Supreme Court sitting as a full court jury, an exceptional circumstance, as it typically operates in divisions. The jury court is an exceptional case in Chilean legislation, where judges decide in conscience, acting as judges not subject to evidence testing.
• Effect of Appeal: Suspends the effects of the Presidential Decree that suspended nationalization. In civil matters, the judge is obliged to follow the facts, hence the importance of strong evidence.

Citizenship

Nationality is the broader category, with citizenship being a specific type. Every citizen is a national, but not every national is a citizen. Citizenship refers to an electoral body, the people in the context of Article 5, entitled to exercise sovereignty. Sovereignty is exercised by the people and is limited by respect for fundamental rights, as outlined in Article 5.

Citizenship is expressed through elections, plebiscites, and through authorities.

Article 13 of the Constitution outlines the conditions for Chileans to be considered citizens:

1. Being Chilean (Article 10 of the Constitution)
2. Being 18 years of age (The 1833 Charter indicated 25 years for single individuals and 21 years for married men. In 1934, Act 5357 granted women the right to vote in municipal elections, and Act 9292 in 1949 extended this right to presidential and parliamentary elections, establishing universal suffrage. Law 17298 lowered the voting age from 21 to 18, removing other requirements and making the right to vote more universal.)
3. Not having been sentenced to corporal punishment (a moral adequacy requirement targeting those sentenced to 3 years and one day or more (Article 37 of the Penal Code)).

A condemned individual is one who has been notified of an unappealable sentence. Before being sentenced, they are still considered innocent.

Registration on the electoral register is no longer required to become a citizen. However, many regulations require electoral registration, such as running for senator or deputy, joining the government, or entering the judiciary.

Nationality and citizenship are evidenced by the national identity card, demonstrating that Chileans are citizens, not necessarily registered in electoral registers, which is proven by the certificate of registration in the election.

Political Rights

1. Right to vote: The power of citizens to express their views in elections and plebiscites. Article 13, Clause 2, states: "Grants citizens the right to vote, eligibility for elective office, and other rights conferred by the Constitution or law." This includes the right to vote, be elected, and serve as a polling station official.
2. Join a political party: Membership requires citizenship.
3. Membership of electoral bodies and election boards.
4. Election to public office.
5. Eligibility for President of the Republic, member of the electoral tribunal, mayor.

Article 13, Section 3, concerning Chileans referred to in numbers 2 and 4 of Article 10, subjects the exercise of citizenship rights to residency in Chile for over a year. Previously, nationality required current residency for more than one year. Now, to become a citizen, current residency for over a year is required, leaving the exercise of public rights in suspense. Registration on electoral registers is not possible without fulfilling this requirement. In the case of foreigners, political rights can only be exercised after one year of current residency in Chile.

Article 14: Foreigners' Right to Vote

Foreigners, except those who can tolerate and pay for it, must demonstrate five years of residency in Chile, be 18 years old, and not be condemned to corporal punishment. They may only be eligible for positions according to the law. For them, the right to vote is voluntary and requires:

1. Residency in Chile for more than 5 years.
2. Meeting the other requirements of Article 13.
3. Ineligibility for public office, except under the final paragraph of Article 14, added by Law 20050, which states: "Those nationalized under No. 3 of Article 10 shall be eligible for elective public office only after five years of possessing their naturalization papers."

Until 2005, only those under Section 10, No. 1 and No. 2, by jus soli, could run for President of the Republic. Today, the standard is less demanding.

Article 15: Characteristics of the Right to Vote

Section 2 of Article 15, based on the principle that public law allows only what is legally permitted, states: "May only be convened to a popular vote for elections and plebiscites expressly provided for in this Constitution." This refers to those expressly provided for in the Constitution: President, mayor, council, and national or community plebiscites.

Features of the Right to Suffrage

1. It is personal and non-transferable.
2. It is equal, with no privileged votes. All votes have equal validity.