Chilean Constitution: Citizenship, Rights, and Public Functions
**Article 8: Probity in Public Functions**
The exercise of public functions obligates owners to strictly observe the principle of probity in all their actions. Acts and decisions of State bodies, their rationale, and the procedures used are public. However, only a law of qualified quorum can establish the confidentiality or secrecy of those or them when disclosure would affect the proper performance of the functions of these bodies, the rights of individuals, national security, or national interest.
The President of the Republic, Ministers of State, deputies, senators, and other authorities and officials, as pointed out by an organic constitutional law, should declare their interests and equity in public.
This law determines the cases and the conditions under which those authorities delegate to others the management of those assets and liabilities involving a conflict of interest in the exercise of their public duties. It may also consider other appropriate measures to resolve them and, in qualified cases, to have the sale of all or part of such property.
**Article 9: Terrorism and Human Rights**
Terrorism, in whatever form, is inherently contrary to human rights.
A law of qualified quorum defines terrorist acts and their penalties. Those responsible for these crimes shall be disqualified for a period of fifteen years from exercising functions or public office, whether elected or not. They are barred from being president or director of an educational institution, or from exercising teaching functions in them. They are also barred from exploiting a means of social communication or being a director or manager thereof, or from performing functions related to the issuance or dissemination of opinions or information. Nor may they be leaders of political organizations or those related to education or of a neighborhood, professional, business, labor, student, or professional nature in general during that period. This is without prejudice to other disabilities or for a longer period than prescribed by law.
The crimes referred to in the preceding paragraph shall always be deemed political and not common for all legal purposes. They shall not be pardoned, except to commute the death penalty to life imprisonment.
**Article 10: Chilean Nationality**
Chileans are:
- Those born in the territory of Chile, with the exception of the children of foreigners who are in Chile in the service of their Government and children of resident aliens, all of whom, however, may opt for Chilean nationality.
- Those born abroad to a Chilean father or mother. However, it will require that any of their ancestors in a straight line of the first or second degree, has acquired Chilean citizenship under the provisions of Nos. 1, 3, or 4.
- Foreigners who obtain a naturalization paper in accordance with the law.
- Those who secure a nationalization by special grace of law.
The law shall regulate the procedures of choice for Chilean nationality, the granting, refusal, and cancellation of letters of nationalization, and the formation of a register of all such acts.
**Article 11: Loss of Chilean Nationality**
Chilean nationality is lost:
- By voluntary resignation manifested before the competent Chilean authorities. This resignation takes effect only if the person has previously been naturalized in a foreign country.
- By Presidential Decree, in case of the provision of services during a foreign war to enemies of Chile or its allies.
- By cancellation of the naturalization paper.
- By law that reverses the nationalization granted by grace.
Those who have lost Chilean nationality for any of the grounds set out in this article may only be rehabilitated by law.
**Article 12: Appeal Against Loss of Nationality**
A person affected by an act or decision of administrative authority that deprives them of Chilean nationality or is unknown may appeal, in person or by anyone on their behalf, within thirty days, before the Supreme Court, which will try as a jury and in full court. The appeal will suspend the effects of the act or resolution appealed.
**Article 13: Citizenship and Voting Rights**
Chilean citizens who have reached eighteen years of age and have not been sentenced to corporal punishment are granted the status of citizen, voting rights, eligibility for elective office, and others that the Constitution or the law confers.
In the case of Chileans referred to in numbers 2 and 4 of Article 10, the exercise of the rights conferred by citizenship is subject to them having been resident in Chile for over a year.
**Article 14: Foreigners’ Voting Rights**
Foreigners resident in Chile for more than five years and who meet the requirements set out in the first paragraph of Article 13 shall be entitled to vote in the circumstances and manner prescribed by law.
Those nationalized pursuant to No. 3 of Article 10 shall be eligible for elective public office only after five years of being in possession of their letters of naturalization.
**Article 15: Voting Procedures**
In popular votes, the vote is personal, equal, secret, and voluntary.
A popular vote can only be called for elections and referendums expressly provided in this Constitution.
**Article 16: Suspension of Voting Rights**
The right to vote is suspended:
- Due to the interdiction of dementia.
- If a person is charged with a grievous offense that merits it or crimes that the law defines as terrorist.
- Having been sanctioned by the Constitutional Court under the seventh paragraph number 15 of Article 19 of this Constitution. Those who for this reason find themselves deprived of the right to vote will get it back after five years counted from the Court’s statement. This suspension does not produce any other legal effect, without prejudice to the seventh paragraph of Article number 15 19.
**Article 17: Loss of Citizenship**
The status of citizenship is lost:
- Due to the loss of Chilean nationality.
- Due to conviction to corporal punishment.
- Due to conviction for crimes that the law defines as terrorist and drug trafficking-related and who have deserved further afflictive punishment.
Those who have lost their citizenship on the grounds referred to in item 2 may recover it in accordance with the law once their criminal liability has been extinguished. Those who should have lost it for reasons specified in number 3 may apply for rehabilitation to the Senate after serving their sentence.