La complicidad de las empresas en la actual crisis de derechos humanos en Chile

<p>This book presents the past and present of the accountability of companies complicit in serious human rights violations, and also considers what awaits us for the future.</p> <p><br></p> <p>In chapter 12, Karinna Fernández and Sebastian Smart address the role of the private sector in the violations of human rights that occurred during the 2019 social protests in Chile. The chapter analyses the degree of participation of economic actors in these violations, whether such participation can be sanctioned in the courts, what is the most effective legal framework to attribute legal responsibility, and what legal obstacles can be put in place by the actors with veto power. In this regard, the chapter contributes to the understanding of the legal opportunities and challenges that mobilized civil society and judicial innovators face to overcome the veto power in current corporate responsibility cases. First, the text sets out the human rights standards applicable to the private sector in Chile. It uses international human rights law, comparative law and Chilean legislation to establish the obligations of private human rights actors. The second part uses studies on transitional justice and business complicity in order to map the patterns of business participation in current human rights violations. This empirical section is based on qualitative research to study how economic actors from different sectors have participated in the human rights crisis. The third party applies the legal rules analysed in the first section to the behavioural patterns observed in the second section. The chapter concludes by analyzing innovative legal strategies to hold economic actors accountable for their participation in the human rights crisis</p>