Comment on the ruling 18213-2019 of the Chilean Supreme Court: an implicit acknowledgment to the right to care

Abstract

This comment critically examines the judgment of the chilean Supreme Court on the appeal on the merits deducted against the judgment of the Court of Appeals of Santiago that confirmed the rejection of the impugnment and the claim of paternity established in the «notorious possession» of the defendant’s son. The comment celebrates the broad interpretation of the articles 200 and 201 of the Civil Code made by the Supreme Court while briefly analyzing the arguments put forward by it, and raises the possibility of interpreting the decision of the Supreme Court as an implicit recognition of the right to care.