School Physical Education is analyzed as a Human Right in the Curriculum Foundations for Primary Education in Chile. A hermeneutical/dialectical methodology is applied in 2 text corpus – National Curriculum Foundations for both Physical Education and Health and the legal framework of Human Rights – to which they are applied: document-like strategy, inductive content analysis. It is concluded that School Physical Education could constitute a human right, for his defense of the dignity, nondiscrimination, and respect to diversity, among other categories. However, in the curriculum design process, Human Rights lose their presence in the National Curricular Bases, due to the political circumstance of their enunciation and the lack of a Human Rights-Based Approach (HRBA).