Lesbian, gay, bisexual, and transgender ( LGBT ) people in Chile may face legal challenges not experienced by non-LGBT residents. Both same-sex sexual activity of men and women is legal in Chile. Since October 22, 2015, same-sex couples and households headed by same-sex couples have the same legal protections available to different sex couples, in civil unions - except for adoption rights and marriage titles.
Video LGBT rights in Chile
The law on same-sex sexual activity
Sexual, consensual, non-commercial, and gender sexual activity has been valid in Chile since 1999, but the liberalization of the criminal code creates an unequal age of consent and does not alter the obscure public indiscriminate laws that have been used to harass LGBT people in Chile.
In Chile, the age at which there are no restrictions on sexual activity is 18 , while the minimum age of consent is 14 . Limitations exist between 14 and 18 years (Article 362 of the Chilean Criminal Code). Even when it is not explicitly stated in Article 362, then, in Article 365, homosexual activity is declared illegal with any person under the age of 18 years.
Art. 362. Whoever accedes physically, vagina Va, anal or oral, person under fourteen years os , shall be punished by imprisonment at any level, even if it does not agree the circumstances of any of those listed in previous articles.
- Translation: Anyone having worldly access, by vagina, anal mouth or route, for a person under fourteen, is sentenced to any jail level, if the circumstances listed in the previous article are not present.
It is also in the Chilean Criminal Code, a legal figure called estupro . This figure sets some limitations for sexual contact with children older than 14 years and younger than 18 years. The Act of estupro (Article 363) defines four situations in which sex with such children can be declared illegal even if a child approves a relationship (non-consensual sex with anyone older than 14 years falls under the act of rape, Article 361, while any sexual contact with anyone under 14 years falls under a statutory rape law, Section 362.):
- When a person takes advantage of mental anomalies or disorders in children, even if temporarily.
- When a person takes advantage of a dependent or subordinate relationship, as in the case when an attacker is responsible for child custody, education or care, or when there is a working relationship with a child.
- When a person takes advantage of neglected children.
- When a person takes advantage of sexual ignorance or lack of experience of the child.
Sexual acts governed by Section 361 (rape), 362 (rape by law), 363 ( estupro ) and 365 (homosexual sex) are defined as "world access" ( acceso carnal ), which means an oral, anal or vaginal relationship. Other articles in criminal law regulate other sexual interactions (Article 365 bis, 366, 366 bis, 366 ter, 366 quarters). Article 365 bis, regulates the "recognition of objects" either in the anus, vagina or mouth. Article 366 bis, defines "sexual act" as an action relevant to the sexual significance made with physical contact with the victim, or affecting the victim's genitals, anus or mouth even when no physical contact occurs.
Article 369 provides that allegations relating to this violation (Articles 361 to 365) may be filed only after complaints by a parent or minor guardian, guardian or legal representative. However, if the injured party can not freely lodge a complaint and has no legal representative, parent or guardian, or if the legal representative, parent or guardian is involved in a crime, the Ministry of Public may continue to do so himself.
In March 2017 the new Criminal Code has been drafted and pending in Chile's Constitutional Justice Committee for seven years now, if it is passed it will form a universal age of approval set at 14 (regardless of sex or sexual orientation), but must pass the Chile Congress and the President's signature be in effect.
History
In 1810, the age of consent to the opposite sex activity was 12. In 1999, the age of consent was set at 14 for girls and boys in relation to heterosexual sex. The act of homosexuals was decriminalized in 1999, with the age of approval 18. In 2011, the Tribunal Constitucional de Chile confirmed that the age of consent is 14 for heterosexual relations (for both girls and boys and for lesbian (female-female) relationships, but that is 18 for male homosexual relationships.
Maps LGBT rights in Chile
Gender identity/expression
In Chile, transgenderism is often associated with homosexuality. At the beginning of the 21st century, the legal rights of transgender people in Chile have begun to improve.
An important case, brought in in 2005 by AndrÃÆ' Â © s Rivera, founder of an NGO in Chile dedicated to fighting for the rights of trans men, won the right to trans men to legally change their name and gender in 2007.
Public policy
The LGBT Movil rights group was reached in 2001 that the Civil Register made an enabling transsexual announcement in Chile to obtain their identity documentation without having to change their appearance.
In 2009, the National Organization of Gendarmeri ordered the discontinuation of disciplinary sanctions against inmates preventing them from dressing in accordance with their gender identity.
In 2011 the Ministry of Health approved a circular that requires to call and register transsexuals by their social names in all treatment centers in Chile and launch the first protocol at the national level to regulate the medical procedures of body change. This success was preceded by a pilot plan to get free medical care for transsexuals conducted by the Ministry of Health through a Movilh proposal. In 2002 some offices have established certain health records for transvestites so that they can receive adequate care of their gender identity.
Since 2013, the operation of gender reassignment and hormone therapy is funded by the public health system (Fondo Nacional de Salud).
Proposed Gender Identity Act
Currently in 2018, gender identity laws, which do not require judicial operations or permits are being discussed by the congress. On January 21, 2014, the Senate approved the bill in a public vote, with 29 agreed and three abstentions. In May 2017, the Senate Human Rights Committee approved the bill, after four years of debate, to assign individuals over 18 years of age to legally change their names and gender on official documents through administrative proceedings. On June 14, 2017, the Senators passed all bills under certain ballot, including medical evaluation requirements to prove that the person has psychological and psychiatric conditions to formulate the request. The bill is now heading to the Chamber of Deputies for discussion. On January 15, 2018, the Commission on Human Rights approved the bill and sent it to the Chamber of Deputies. The Commission includes children and adolescents and removes the medical evaluation requirements previously approved in the Senate. On January 23, 2018, the Chamber approved the bill in a public vote of 68 to 35, although the entry of minors was rejected for lack of a quorum. The bill goes to the last vote before the Senate as has been amended.
Transgender Kids and Teens
In Chile, transgender children are allowed to change their names and gender on legal documents, even though judicial permission is required. Terms dependent on the judge. In recent years some cases have been published.
In April 2017, the Ministry of Education issued a ministerial release entitled "Rights of girls, boys and trans students in education." This document is addressed to holders and principals of educational institutions across the country, and demonstrates that failure to comply with acts is an offense that will be subject to sanctions in accordance with its seriousness. Some of the steps that should be taken by educational institutions include: ensuring the social names of trans students in all areas, the right to wear uniforms, sportswear or accessories in accordance with their gender identity; and provide trans-student facilities for the use of bathrooms and showers according to the specific needs of the processes they undergo, respecting their gender identity.
The Bill on "The Rights of the Child's Rights System," recognizes the right for children and youth to develop their gender identity. Article 19 on the basis of "Identity" states that "every child has the right, at birth, to have the name, nationality and language of origin, to know the identity of their father and/or mother, to preserve their family relations in accordance with the law; to know and practice culture of their origin and, in general, to preserve and develop their own identity and privileges, including their gender identity. "
Intersex Rights
According to Civil Registry and Identification Services, between 2006 and 2017, 269 intersex children have been registered under the category of "indeterminate sex" on official records. In January 2016, the Chilean Ministry of Health ordered temporary suspension of normalization treatments in intersex children. The guidelines end in August 2016. The anti-discrimination legislation came before the Senate.
Recognition of same-sex relations
In March 2015, the Ministry of Foreign Affairs issued a circular that recognizes same-sex unions and marriages conducted abroad for residential affairs. Chile has recognized the civil union since October 22, 2015.
Civil unions
Chile's civil union law allows same-sex couples and the opposite sex to live together and make medical decisions and claim pension benefits and inherit property if their civilian spouses die. Getting custody of a spouse's child if necessary is also made easier by law. The new law recognizes marriages conducted overseas as civil unions and sees their spouses and children as a family.
In August 2011, President SebastiÃÆ'¡n PiÃÆ' Â ± era introduced a bill to Congress allowing registered cohabitation. After four years of debate and improvement of the provisions added during the reign of Michelle Bachelet, the bill was passed in both houses on January 28, 2015. On April 13, 2015, the bill was signed into law by President Bachelet and published in Official Gazette on 21 April 2015. It came into effect on October 22, 2015.
On December 1, 2016, the Chamber of Deputies of the Council unanimously approved (except for 6 abstentions) bills to provide couples who entered in civil unions five days off, such as married couples. The bill was approved by the Senate in October 2017, unanimously 15-0. This goes into effect on November 8, 2017.
same-sex marriage bill
On August 28, 2017, President Michelle Bachelet signed the Marriage Equality Bill, fulfilling election promises and as part of the "Friendly Settlement Agreement" signed in June 2016 by the Chilean State with the Movement for Homosexual Integration and Liberation (Movilh), in the context of the proposed lawsuit in the presence of the Inter-American Commission on Human Rights (CIDH), which involves a lack of access to civil marriage by three same-sex couples in Chile.
The bill changed the definition of the marriage of article 102 of the Civil Code, replacing the phrase that defined it as the union "between a man and a woman", by "unity between two people". In addition, the measure considers the right of adoption and joint filiation (automatic parent) for same-sex couples.
Adoption and Parenting
Chile's law stipulates that single people are allowed to adopt, regardless of their sexual orientation. Same-sex couples are allowed to register. If applicants are approved as appropriate for adoption, legally only one of them will be the legal parent of the child. For same-sex couples, in civil unions or not, who bring up children together, if the legitimate parent (by birth or adoption) dies, it is easier for the surviving parent to get custody of their partner's child. In Chile, families or individuals interested in adopting must apply and be approved by Sename (National Service for Children), which enables the registration of eligible children for adoption. Final approval is granted by the Family Court. According to research conducted by Movilh, 10 percent of same-sex couples claim to have children in Chile. In 86% of cases, lesbian mothers have custody of their children, while only 33% when it comes to gay parents.
In addition, filiation is defined by birth, therefore, same-sex couples can not recognize a child in a birth certificate. In March 2015, a lesbian mother volunteered a petition to the Family Court to have her daughter legally recognized as the daughter of her partner. In November 2015, the Supreme Court ruled against both mothers, with three to two votes. In April 2016, the Pardon Bill for Children of the Same Family Sex Plan was introduced to the Senate. If passed, the bill will offer three channels to legally recognize same-sex parent filedations to their children.
The Marriage Marital Bill introduced in August 2017 by President Bachelet, will allow joint adoption to marry same-sex couples and offspring (parents automatically), both for married and unmarried couples. In September 2017, ten members of parliament introduced the bill to allow adoption by same-sex couples in civil unions. Currently in 2018, the Chile Congress is currently debating the "Bill of Integral Reform of Adoption System in Chile" which will allow adoption by same-sex couples.
Family Planning
There is no law that guarantees or protects the right to access assisted reproductive technologies. Lesbian couples can access IVF treatment, even though they do not have health insurance because they do not have infertility pathology.
Currently in Chile, there is no special law on surrogacy. In January 2018, a bill to allow altruistic care for same-sex couples and ban commercial surrogacy for all couples was introduced to Congress. Nicol.C3.A1s_Has_Two_Dads "> Nicolás Has Two Fathers <
In 2014, a children's book discussing same-sex parent families is published. This book is currently being distributed to pre-school children in a public kindergarten in Chile. Although supported by the Chilean government, "NicolÃÆ'¡s Has Two Dads" is not a compulsory reading material for kindergartens throughout the country.
"NicolÃÆ'¡s Has Two Dads" ("NicolÃÆ'¡s tiene dos papa¡s"), written by Movilh, tells the story of NicolÃÆ'¡s, a little boy who lives with his two fathers. From staying and traveling to the stadium for a reunion with his biological mother and explaining to her classmates why she has two fathers, Nicolá leads the reader through her daily life.
The book is sponsored by the National Kindergarten Board (Junji), the Association of Toddlers Educators, the National Directorate of Libraries, Archives and Museums, and the Department of Psychology and Early Childhood and Basic Education University of Chile.
Public opinion
Public opinion has shown substantial support for same-sex unions: 65% preferred their legalization in 2004, although only 24% supported same-sex marriage.
In 2009, 33.2% supported same-sex marriage and 26.5% supported adoption by same-sex couples. Support among youth is much higher: according to a study by the Chilean National Youth Institute, 56% of young respondents favor same-sex marriage, while 51.3% support same-sex adoption.
The August 2012 poll found that 54.9% of Chilean population supported same-sex marriage, while 40.7% opposed. More recent polls show that 70% of youth support same-sex marriage.
On September 7, 2015, a poll found that 60% of Chilean people favor marriage between same-sex couples, while 44% support same-sex adoption.
On 23 January 2017, a survey by the same poll found that 64% of Chilean people supported same-sex marriage, including 71% of unaffiliated people (24% of the sample), 66% of Catholics (58% of the sample) and 41% of Evangelicals (14% of the sample). This support is higher among the left (72%) and Chilean centric (71%), while it is lower than independent (64%) and right-leaning (55%).
The Ipsos poll of 27 countries on transgender people reveals that Chile has the highest acceptance for members of the transgender community of all countries, with 82% agreeing that transgender people should be allowed surgery so that their bodies fit their identity, 79% agree that a transgender should be able to conceive or childbirth if possible, 70% agreed to discrimination protection, 69% agreed with allowing transgender people to use sex-related bathrooms they identified, and only 13% believed that transgender people "suffered from mental illness". A March 2018 poll showed that 67% supported gender identity, while only 37% supported children changing their birth sex.
On May 8, 2018, the CADEM survey found that 65% and 52% of Chileans supported same-sex marriage and same-sex adoption.
Protection of discrimination
In Chile there are different laws, regulations and public policies that protect LGBT from discrimination. However, according to the Movilh Annual Report on Human Rights of Sexual Diversity, each year more cases are reported because there is more empowerment among gay, lesbian, bisexual and transgender people to fight for their rights and to denounce discriminatory acts.
Article 373 of the Criminal Code, based on "violations of morals and good habits" has for many years been the only legal standard that has used police to harass homosexuality, even for such behavior as holding hands in public. In 2010, the bill to revoke the article was rejected in the Constitution, Law and Justice Committee of the Chamber of Deputies. However, Version XIV of the Annual Report on Human Rights of Sexual Diversity in Chile for 2015 emphasizes one of the chapters on police abuse and arbitrary arrest by stating that "for the first time in seven years no police violations were reported against lesbian, gay, bisexual or transgender people. "A positive reality has been influenced by the work of the Carabineros Department of Human Rights, which reacts quickly to any suspicious suspicions about homophobia and transphobia, and promotes, amongst officials, various lecture courses.
Anti-discrimination law
The law, approved in 2012, penalizes discriminatory acts on the basis of race, ethnicity, nationality, marital status, disability, age, gender, sexual orientation, gender identity and personal appearance, among other differences. This allows citizens to file anti-discrimination lawsuits and requires States to develop public policies to end discrimination.
It describes as illegal discrimination "any distinction, exclusion or restriction that has no reasonable justification, perpetrated by a state agent or individual, and which causes deprivation, harassment or threatening the exercise of legitimate fundamental rights."
This law is known daily as Zamudio's law, in honor of Daniel Zamudio.
Goods and services
In Chile, relationships between suppliers of goods or services and consumers are governed by Law No. 19.496 on the Protection of Consumer Rights. Article 3 states that it is the basic right of the consumer, among other things, the right to non-discrimination. The anti-discrimination laws introduced in 2012 define discrimination and include protection against it on the basis of sexual orientation and gender identity.
In December 2012, in the first decision under the anti-discrimination law, a judge ordered a motel to pay a lesbian fines penalty for refusing to enter them, ordering them not to refuse entry on another occasion. The Third Civil Court in Santiago firmly says that denying services or products based on sexual orientation or gender identity is illegal.
Jobs
Since 2016, the Code of Labor explicitly prohibits discrimination on the basis of sexual orientation and gender identity. The Labor Insolvency Act came into force in May 2017, which also amends the Administrative Statute Law, prohibits arbitrary discrimination that results in exceptions or restrictions, based on sexual orientation and gender identity.
In 2004, the authorities announced that the non-discrimination rules guaranteed under the labor law also apply to sexual minorities. In 2007, the Department of Labor was enabled, through the adoption of new politics, to create discrimination reports based on sexual orientation or gender identity. This change came from a petition by Movilh and came from an event in 2007 when an employee conducted this first report in a government instance. In June 2014, the Ministry of Manpower officially renewed the "Principles on the right to non-discrimination" set out in the Manpower Act, in accordance with the effects of anti-discrimination laws covering sexual orientation and gender identity as a protected class.
In December 2015, the court ordered the Talca City to compensate three former employees who had been dismissed for their sexual orientation. The court's decision also requires Mayor Juan Castro Prieto and other officials to be trained on human rights.
In schools
The Public Education Act (LGE) announced in 2009 includes the principles of non-discrimination and respect for diversity. The Ministry of Education launched in 2010 the School Coexistence Regulation, which shows the importance of combating discrimination against LGBT in the classroom.
In September 2011, the Chilean Congress approved the "Law on School Violence" which amended the Public Education Act to define definitions, procedures and punishments for school violence and bullying. The law has a positive impact on the fight against homophobia and transphobia in the classroom. Educational institutions are required to establish a Good School Coexistence Committee that will be responsible for managing and taking all necessary steps to ensure non-violent school life.
In 2013, the Superintendence of Education updated the Handbook for Educational Institutions on Rules of Procedure with respect to school coexistence, which ordered non-discriminatory treatment of students on the basis of their sexual orientation or gender identity, and showed that the rules of all schools should sanction any discriminatory act between community members school.
By 2015, two new policies from the Ministry of Education recognize the importance of promoting the rights of LGBTI people in the classroom. National School Coexistence Policy 2015-2018 guarantees non-discrimination for sexual diversity and incorporated into the 2016 School Calendar "International Day Against Homophobia and Transphobia." The Department of Education recommends that schools develop educational, artistic, cultural or sports activities to commemorate the date.
The School Inclusion Act, enacted in March 2016, guarantees non-discrimination on the basis of sexual orientation and gender identity, citing anti-discrimination laws.
Housing
Since 2015, Civil union law officially recognizes same-sex couples as a family, and offers protection in access to housing. The Ministry of Housing and Urban Planning issued instructions in 2009 that formally extend the benefits of housing allowances for couples comprised of people of the same gender. Minister Patricia Poblete said that discrimination based on sexual orientation or gender identity is not allowed in one of the services offered by her ministry, so that gay couples can apply, without problems, housing subsidies. In 2013 it is ensured that the "subsidized lease" program benefits all families and young couples regardless of sexual orientation or gender identity.
Since 2016, the "Household Social List" recognizes couples of fellow couples living together. It is an information system whose purpose is to support the nomination and selection of beneficiaries of government agencies and agencies that provide social benefits.
Hate legal crime
In 2012, the Anti-Discrimination law changes the Criminal Code which adds a new state of criminal responsibility, as follows: "To engage in or participate in crimes motivated by ideology, political opinion, religion or belief of victims, nation, race, ethnic or social groups: sex, sexual orientation, gender identity, age, affiliation, personal appearance or illness or disability. "
Anti-torture law
In November 2016, President Michelle Bachelet passed an Anti-torture law establishing criminal penalties for torture and cruel, inhuman and degrading treatment. This includes physical, psychological and sexual violence, and includes sexual orientation and gender identity as a protected category. This law aims to punish people in public service positions, whether government employees or private individuals in public services, inciting, implementing or concealing knowledge of torture.
Hate law of conversation
In July 2017, ten members of parliament introduced a bill to amend the Criminal Code to include the incitement of violence against hatred or violence against people based on sexual orientation and gender identity, among other differences. On September 4, 2017, Michelle Bachelet introduced a bill to Congress that would criminalize incitement to violence against a person or group of people, based on race, national or ethnic origin, gender, sexual orientation, gender identity, religion or belief. The law will also amend the Press Law and Law on Legal Liability Law.
Blood donor
In 2013, the Health Ministry lifted the ban on gay and lesbian blood donations.
Previously, candidates for blood donation will be required their sexual orientation as part of a questionnaire that will decide if their blood is viable or not. Anyone who identifies as gay, lesbian, or bisexual is prohibited from donating blood. The current language in the questionnaire now only limits donors with a history of risky sexual behavior, regardless of the participant's sexual orientation. The risky sexual behavior is defined by the Ministry of Health as having sex with more than one partner in the previous 12 months.
Childhood Act
The Bill on "Child Rights Guarantee System," including protection from discrimination against LGBTI children and adolescents. On May 2, 2017, the plenary session of the People's Legislative Assembly approved the bill including LGBTI category. The bill is now heading to the Senate for discussion.
Article 9 of the Bill states that "no child should be arbitrarily discriminated against because of their sexual orientation, gender identity, gender expression and sexual characteristics," among other differences.
More areas
Since 2010, Law 20.418 on the Right to Education, Information and Guidance on Fertility states that "everyone is entitled to the confidentiality and privacy of their sexual preferences and behaviors, and the methods and therapies they choose for the arrangement or planning of their sexual lives. "
In May 2014, Law 20,750 on the Introduction of Terrestrial Digital Television took effect. The law creates a National Television Council whose primary function is to ensure the proper functioning of television services. Understood by the correct function of this service, permanent respect, through its program, against pluralism. For the purposes of this law, pluralism will be understood as "respect for social, cultural, ethnic, political, religious, gender, sexual orientation and diversity of gender identity, and it will be the duty of concessionaires and TV service holders regulated by law this is to observe these principles. "
In December 2015, President Michelle Bachelet signed a decision to establish the Office of the Deputy Secretariat of Human Rights and establish the Inter-ministerial Human Rights Committee. It provides a National Human Rights Plan that seeks to prevent discrimination, with particular reference to the anti-discrimination laws protecting LGBT people in Chile.
Military service
The Chilean military does not discriminate on the basis of sexual orientation and gender identity. It formally prohibits discrimination against LGBT people.
In 2012, Chief of the Chilean Armed Forces Juan Miguel Fuente-Alba, reported the lifting of all rules and regulations that prevent LGBT people from entering the Armed Forces. On September 10, 2012, by Order Orders no. 6583/126, expressly disclosed all rules or provisions of institutional regulations, which are contrary to the principle of non-discrimination in accordance with the anti-discrimination law.
In 2014, the Ministry of National Defense, set up a Committee on Diversity and Non-Discrimination that will aim to advance concrete steps to eliminate arbitrary discrimination and exclusion in the military. Agencies comprising representatives of all branches of the Chile Military, expressly prohibit discrimination on the basis of sexual orientation and gender identity. The resolution, signed by Defense Minister Jorge Burgos, establishes the government as responsible for creating more inclusive armed services.
That same year, sailor Mauricio Ruiz became the first member of the Armed Forces to openly consider his homosexuality. Ruiz says that the most important is not the sexual orientation of a soldier, but his willingness to serve the country. The announcement came with the full support of the Chilean Navy.
On May 29, 2015, commander-in-chief of Humberto Oviedo, aware that the issue of anti-discrimination requires more specific rules, and indeed cultural changes within the army, issued a Command to expand and supplement the 2012 order that has repealed all the rules contrary to the Anti -discrimination. It is expressly stipulated that "the Chilean Army, as an institution which should and belong to all Chilean citizens without exception, does not arbitrarily discriminate on the basis of race or ethnicity, socioeconomic status, religion or belief, gender, sexual orientation, gender identity, marriage, affiliation, personal appearance or other reasons. "The discriminatory actions of its officials" are explicitly and definitively prohibited. " If a person violates this principle will lead to "very serious violations, regardless of the rank, category or contract type hierarchy."
Conversion therapy
In June 2015, the College of Psychologists of Chile announced its rejection of the so-called "reparative therapy to cure homosexuality," also known as conversion therapy. After conducting an investigation, through the Sex and Sexual Diversity Committee, it stipulates that "no different sexual orientations have deviations or mental illness, therefore, there is no illness to be cured." Through a press release, they stated that "no scientific research has shown that conversion therapy changes homosexuality, resulting in only frustration and damage to their patients."
In February 2016, Chile's Ministry of Health for the first time declared their opposition to conversion therapy. "We consider that practices known as 'reparative therapy' or 'conversion' of homosexuality pose a serious threat to health and wellbeing, including life, from affected people," they said.
Mental Health Protection Tag
On October 18, 2017, the Deputy Chamber issued the Mental Health Protection Bill, stating in article 6 that "mental health diagnosis can not be made only on the basis of criteria relating to the political, socioeconomic, cultural, racial or religious group of the person, not by identity or their sexual orientation. "The bill is now heading to the Senate for discussion.
Summary table
See also
- Human rights in Chile
- Intersex Rights in Chile
- Recognition of same-sex unions in Chile
- LGBT Rights in America
- Atala Riffo and Daughters v. Chile
- Luis LarraÃÆ'n
References
External links
- Movimiento de IntegraciÃÆ'³n y LiberaciÃÆ'³n Homosexual (MOVILH)
- Movimiento Unificado de MinorÃÆ'as Sexuales (MUMS)
Source of the article : Wikipedia
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