Human Dignity in the Chilean New Constitution

A constitutional assembly will soon write a new constitution. On the streets and at universities, dignity has emerged as a central idea of the ongoing constitutional process. The concept appears already in the first article of the current constitution. Although scholarship and case law have emphasized its crucial role, its dogmatical treatment at the national level has been rather limited. At the international one, dignity is overall present in domestic constitutions and international treaties. In addition, the concept has received a scholarly revival during the last years. However, it is far from being free of criticism. Against this background, this paper intends to, firstly, discuss how the constitutional assembly could process the social demand for dignity besides maintaining the concept in the new constitution. Secondly, how the assembly could benefit from the overwhelming literature and case law on dignity in comparative constitutional law and avoid uncritical legal transplants.