Abstract

Discussions surrounding the right to Energy are gaining traction, with increased academic engagement since 2020. Chile and the Latin American and Caribbean regions have actively participated in this discourse. Chile’s involvement in deliberating the scope and potential legal recognition of the right to Energy during the formulation of a new constitution between 2021 and 2022 is particularly notable. This article aims to delve into this Debate, adhering to the frameworks proposed by various scholars that contribute to developing an analytical framework toward recognizing energy rights in legal and policy practices. Through this analysis, it becomes apparent that contemporary literature on energy transition and the right to Energy provides robust conceptual frameworks capable of comprehensively analyzing complex cases such as that of Chile. However, the examination also underscores the need for potential adaptations or expansions of these frameworks to adequately address local and regional nuances. The Chilean case is emblematic for several reasons outlined in this paper. Firstly, it exemplifies how the pursuit of recognizing the right to Energy within a state’s Constitution, despite not achieving ultimate success, has sparked significant Debate influencing national political discourse. Moreover, the Chilean case offers valuable lessons on the importance of strategic adaptability and persistence in promoting policy and regulatory change, underscoring the necessity for a context-specific approach to implementing fundamental rights like the right to Energy. These insights are essential for future endeavors in Chile and other contexts seeking to navigate toward a just and sustainable energy transition.