The Committee on Systems of Knowledge, Science, Technology, Arts and Heritage met today to finalize the vote, in particular, on the initiatives that will be included in the first report of the instance, which will be presented to the plenary next week, probably on Thursday, so that be voted on at large.
Among the issues that were included are cultural and digital rights, the right to communication and recognition of neurodiversity, among other points, as well as specific aspects such as the promotion of freedom of artistic creation and spaces for the State to guarantee resources for make artistic and cultural activity effective.
Ignacio Achurra (FA) – one of the coordinators of the commission, along with Cristina Dorador (MSC) – valued the work of the instance and said he was confident that they will receive support in plenary. “We are very happy in commission number 7 for the regulations that we have approved in terms of communication rights, digital rights, cultural rights, the right to leisure, which is an innovation, and we hope that these reach two thirds in the discussion in the plenary session, which will take place next Thursday. We believe that they are regulations that aim to strengthen democracy, the participation of the people, and we believe that they will arrive with broad support, so I am very confident in what is going to happen. happen this Thursday,” he assured.
In detail, commission number 7 advanced on the following topics:
1. Right to Communication: It establishes that every person, individually or collectively, has the right to participate in communication, and to access, search, receive, produce and disseminate information. In addition, it recognizes the “right to found and maintain communication and information media. Peoples and nations have the right to equal access to all communication and information media, in their own languages, particularly in their territories or where they have presence”.
In article 2, it underlines that “the State has the duty to respect freedom of the press, ensure pluralism of the media and diversity of opinions, this being consubstantial to democracy and its strengthening.
Prior censorship is prohibited”. Likewise, it later includes that the State must promote the existence of free and independent media, prohibiting the concentration of ownership of the media and the state monopoly over them.
Also, it promotes through the State the development of public, local and community media, and that people individually or collectively carry out their own communication initiatives, in a system that it defines as “diverse,
pluralistic, transparent, inclusive, intercultural, multilingual and decentralized”.
2. Cultural Rights: It is one of the areas with the most proposals, among which is the right to freely participate in artistic and cultural life, emphasizing that the original peoples and the Afro-descendant tribal people will develop culture according to their worldview. It also incorporates the right to choose and build one’s own cultural identity, the right to access culture and art, freedom of artistic creation and knowledge, research, development and dissemination of these, as well as the right to participate and enjoy its benefits, without prior censorship. Also the right to express oneself in the language or language according to cultural identity.
“The right to participate in a free and informed manner in the definition, formulation, execution and evaluation of policies and decisions that affect lifestyles or the exercise of any cultural right. Likewise, the right to participate incidentally and bindingly is recognized in the process of creation and joint management of public policies drawn up by the State”, adds the proposal. All of the above, within the framework of respect for human rights.
“The peoples and nations that pre-existed the State, the Chilean Afro-descendant tribal people and their members have the right to cultural identity and integrity, and to have their forms and ways of life recognized and respected, their connection with
the land, territory, sea, marriage, worldviews, epistemologies, ontologies, spirituality, norms, traditions, social and cultural practices; their uses, customs; the forms and modes of social, economic, political and food organization; the forms and modes of transmission of knowledge, institutions, practices, beliefs, values and languages and
languages, which develops in processes of interrelation. The foregoing includes the right to determine the form of exercise and its limits, within the framework of respect and dignity among peoples and nations,” says the approved, including that the State must protect and implement repair and restitution of its cultural heritage.
Another point related to the native peoples is that “they have the right to obtain the repatriation of objects of culture and human remains belonging to the peoples.” Meanwhile, what was approved also establishes that the State “recognizes and values street art and its contribution to the democratization of cultural life and popular expressions of rural life through its knowledge, trades, disciplines and expressions. It also recognizes that street art is part of the
cultural heritage of the peoples of Chile”.
3. Digital Rights: In this section, the constituents agreed that “all people, individually and collectively, have the right to universal access, digital connectivity and information and communication technologies” and that the State has the obligation to overcome the gaps in the digital space , such as access, “enabling different models and alternatives, respecting the principles of equality, continuity, adaptability, sustainability, territorial equity, decentralization and shared management”. They also included that “the State will ensure that all people have the opportunity to exercise their rights in digital spaces, for which it will create public policies and finance free plans and programs for this purpose. Article 6: “The right of all people to a life free of violence on any platform or digital medium, with special emphasis on historically excluded groups”.
4. Right to the Body: In this article, it was agreed to propose something innovative, which has been made visible in the context of the pandemic and confinement. It establishes the articles that “all people have the right to rest, leisure and enjoy free time. The legislation will establish a maximum limit to the working day and the rights to weekly rest and all other labor rights established by the Constitution and the laws”. In the second article of this matter, the commission established that “all people have the right to develop, respect and enjoy their
corporality, emotions and mind, in the different stages of life, according to the needs required for each of them. Likewise, they have the right to a dignified death, ritual and burial, to know the causes of their death and the location of their remains, to allow the preservation of their memory, all according to their worldview, culture and beliefs.
5. Recognition of Neurodiversity: The State recognizes neuro diversity and neuro divergent people, “their right to a full life, to good living, autonomy and self-determination throughout their life cycle; in this regard, it must guarantee access to all the rights recognized in this Constitution and in treaties ratified by Chile, ensuring the necessary and specialized adjustments aimed at eliminating the structural barriers that prevent their full exercise”. It adds that dignified treatment and inclusion must be promoted through the State in all political and social spaces without discrimination. It also establishes priority and specialized attention for people or groups of priority attention, such as the elderly; boys, girls and adolescents; people with disabilities, neuro divergent people, people with catastrophic, degenerative and highly complex diseases and people in conditions
vulnerability intersections.
6. Principles of Bioethics: Among other things, it proposes that “sciences and technologies are at the service of people and communities, with the aim of promoting comprehensive development and the common good, with respect to
human dignity and the protection of fundamental rights, the rights of non-human animals and the rights of nature, in addition to the other rights enshrined in this Constitution and the Law”.
