Nationality and Citizenry

CHAPTER II Nationality and Citizenry Article 10.

Chileans are:

1. Persons born in the territory of Chile, with the exception of those children of foreigners who are in Chile serving their government, as well as those children of transient foreigners. However, all may opt for the Chilean nationality;

2. Children born abroad, of a Chilean father or mother, who may actually be serving the Republic. To these effects, they shall be considered to have been born in Chilean territory;

3. Children-born abroad, of a Chilean father or mother, for the mere fact of having resided in Chile for more than one year;

4. Foreigners who have obtained naturalization papers in accordance with the law, after expressly renouncing their former nationality. Such renunciation shall not be required of persons born in a foreign country which, by virtue of an international treaty, offers the same benefits to Chileans.
Individuals naturalized in accordance with this clause shall be eligible to hold public offices resulting from popular election only after five years following completion of naturalization papers;

5. Individuals upon whom the law has, as a special grace, bestowed naturalization.
The law shall provide for the procedures concerning the option of acquiring Chilean nationality, issuance, denial or annulment of naturalization papers and for the creation of an official register for all these acts.

Article 11.

Chilean nationality is lost:

1. By naturalization in a foreign country, except those Chileans covered by clauses 1, 2 and 3 of the preceding Article, who should have obtained another nationality without renouncing their Chilean citizenship, and in accordance with provisions set forth in clause 4 of the same Article.

The aforementioned grounds for loss of Chilean nationality shall not apply to Chileans who, by virtue of constitutional, legal or administrative provisions of the State in the territory in which they should reside, adopt the foreign nationality as a condition for remaining in that country or for attaining juridical equality with nationals of the respective country in the exercise of civil rights;

2. By means of a supreme decree, in case of services rendered to enemies of Chile or its allies during a foreign war;

3. By means of a judicial condemnatory sentence for crimes against the honor of the country or the essential and permanent interests of the State, regarded as such by a law passed by a qualified quorum. In such proceedings, facts shall always be conscientiously analysed;

4. By annulment of naturalization papers, and

5. By a law revoking naturalization granted by special grace.
Individuals who should have lost Chilean nationality on any of the grounds set forth in this Article, may only recover it by virtue of law.

Article 12.

The individual affected by an action or resolution of the administrative authority depriving him of his Chilean nationality or disregarding it, may, within the term of thirty days, resort, on his own behalf or through a third party, to the Supreme Court, which shall take cognizance of his case as a jury and in full court. Upon filing the appeal the effects of the action or resolution resorted shall be suspended.

Article 13.

Citizens are those Chileans who have reached the age of eighteen years and who have never been sentenced to afflictive punishment.
The status of citizen entails the rights to vote, the eligibility to hold positions subject to popular voting, as well as all other rights granted by the Constitution or the law.

Article 14.

Foreigners residing in Chile for more than five years and who comply with the requirements prescribed in the first paragraph of Article 13 may exercise the right to vote in the cases and in the manner determined by law.

Article 15

In popular voting, vote shall be personal, egalitarian and secret. In addition, for citizens it shall be compulsory.
Popular voting may only be called for in elections and plebiscites expressly provided for in this Constitution.

Article 16

The right to vote is suspended:

1. In case of interdiction on grounds of insanity;

2. When the person is being tried for a crime deserving afflict punishment or for a crime that the law should define as a terrorist conduct, and

3. In case of punishment by the Constitutional Court in conformity with Article 8 of this Constitution. Those who should, on these grounds, be deprived of the right to vote, may recover such right upon completion of the term of ten years counted from the date of the Court's decision.

Article 17

The status of citizenship is lost:

1. Upon loss of Chilean nationality;

2. On account of a sentence to afflict punishment, and

3. On account of a sentence for crimes which the law defines as terrorist conduct.

Individuals, who should have lost their citizenship on the grounds described in number 2, may appeal to the Senate for recovery thereof, once their criminal liability has been extinguished. Those who should have lost citizenship on the grounds described in number 3, may only secure its recovery by virtue of a law passed by a qualified quorum once the sentence has been served.

Article 18.
There shall be a public electoral system. Regarding matters not provided for by this Constitution, a constitutional organic law shall determine the organization and operation thereof, shall regulate the manner in which electoral processes and plebiscites will be conducted, and shall, at all times, guarantee full equality between independents and members of political parties, both with regard to the presentation of candidacies and to their participation in said processes.

Responsibility for safeguarding public order during electoral acts and plebiscites shall rest with the Armed Forces and the Armed Police in the manner prescribed for by law.