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 carry out activities to raise awareness of these rights, foster a culture around them, and necessarily improve their integration into domestic law to enable greater enjoyment.

State bodies are bound by the obligation to respect and promote human rights, regardless of how they are designated.

5. The Concept of Treaties "In Force"

There is a discussion regarding whether Article 5, Paragraph 2 of the Constitution requires that the treaties referred to must be current in accordance with international law, domestic law, or both:

• Domestic-only perspective: Some argue that the treaty should be applicable in domestic law only, not requiring it to be current internationally.
• Dual-validity perspective: Others state that internal force is required, but assume this occurs after the treaty has entered into force from an international perspective. It should be noted that for international effect, we must adhere to the specific rules of each agreement regarding how it enters into force.

Regarding internal validity, it is agreed that this takes place after enactment and publication. The promulgation and publication of treaties are essential for individuals to know their rights and exercise them. Regarding the timing of validity, it is most consistent to interpret that the treaty enters into force once it has been approved by the appropriate bodies.