How have the courts in Chile treated an application for international human rights protection in Chile?

A presumption exists that if the government apparatus has not completely collapsed a government is in a position to protect its citizens. Chile is not in a state of complete collapse. It was therefore up to the applicant to show clearly and convincingly that it was objectively unreasonable to seek protection from the Chilean authorities: see Ward v. M.E.I., 1993 CanLII 105 (SCC), 103 D.L.R. (4th) 1 (S.C.C.).

To determine whether a government can offer adequate protection a court must look not only at whether the government is able to offer such protection, but whether it will do so: see Bobrik v. M.C.I. (September 16, 1994 - IMM-5519-93 (F.C.T.D.)). Among the relevant factors, it must ascertain whether family violence is penalized under the country's legislation, whether that legislation is designed to protect victims against attacks and, most importantly, whether it is applied.