Chile Must Guarantee Right To Health, Access To Safe Abortion And Strengthen Mental Health Services, Says UN Expert

SANTIAGO (4 December 2024) - Chile must align its constitution with international human rights standards to fully guarantee the enjoyment of the right to health for all, a UN expert said today.

“Chile must prioritise health funding and ensure equitable resource allocation,” said Tlaleng Mofokeng, UN Special Rapporteur on the right to health, following an official visit to the country.

In a statement, Mofokeng acknowledged the government's willingness to address challenges, including mental health, sexual and reproductive health, and disparities in the private-public health system.

“I repeatedly heard the worrying sentiment that ‘in Chile, health is not a right, but a business’,” Mofokeng said. “Powerful groups representing vested interests in the health sector with profit-making aims tend to function without the necessary human rights safeguards in Chile.”

The Government of Chile has an obligation to ensure equal access to health services provided by third parties, the expert said.

Long waiting times for health services emerged as a key issue during the visit, with millions waiting for diagnoses, investigations and treatment.

“Doctors, nurses and other healthcare professionals reported unsustainable workloads and stress levels, compounded by public frustration over these delays,” she said.

Mofokeng also urged Congress to amend its restrictive abortion law. The law permits voluntary termination of pregnancy only in three cases—risk to the mother’s life, fetal unviability, or pregnancies resulting from rape. The law allows conscientious objection by individual healthcare providers and even permits entire hospitals and healthcare facilities to declare “Conscientious Objector Status’, rendering abortion services inaccessible in these facilities.

Mofokeng praised recent policy advancements, such as the ratification of ILO Convention 190 on workplace violence and the creation of Karin’s Law to promote healthy work environments. Following a visit to La Posta Central, Santiago’s largest emergency trauma centre, Mofokeng highlighted the dedication of healthcare workers and said 24/7 childcare for staff was a notable achievement.

In Temuco, the Special Rapporteur visited the Makewe Hospital, administered by the Mapuche community. The hospital integrates Western medicine and traditional healing practices led by machis or traditional healers.

“We heard stories of patients’ physical and spiritual health improving with traditional knowledge which is central to their healing process, and to which Western medicine is often complementary,” Mofokeng said.

The expert engaged with affected communities in Quintero-Puchuncavi, a region that has endured severe environmental and health crises stemming from unchecked industrial activity, including petrochemical plants and mining.

“When the environment is sacrificed for profit, human dignity suffers the most,” she said, calling on authorities to hold corporations accountable and provide redress for affected residents in these so-called “sacrifice zones.”

Mental health care remains a significant concern in Chile and became the thread running through all her conversations during the visit, the expert said.

Mofokeng cited rising demand for services due to intergenerational trauma from the dictatorship, the militarisation of indigenous lands, and injuries sustained during the 2019 social unrest. She called for increased psycho-social practitioners and strengthened community-based psychiatry for early intervention and treatment.

The Special Rapporteur said Chile was on the cusp of achieving greater and more equitable access to health care and guaranteeing the right to health, and urged all stakeholders make a concerted effort to move forward on policies and legislation.

“Chile can transition from the trauma of its past to a future of thriving and restored dignity for all its people,” she said.

Ms. Tlaleng Mofokeng is the UN Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health

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