| For a summary of Chile’s review at the second cycle please click here. |
5th UPR session
Date of review: 4 May 2009
Date of report adoption: 4 June 2009
Document number: A/HRC/12/2
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SUMMARY SOGIESC issues during Chile’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
19. JS1 [Corporación Humanas] expressed concern at the delay in adopting legislation on measures to combat discrimination against sexual minorities. New provisions had been added to the bill in 2008 that would entail restrictions on the concept of non-discrimination, explicit exemption of churches from liability and limitations on the State’s obligation to protect and guarantee that right. La Iniciativa por los Derechos Sexuales (Action for Sexual Rights) (JS3) recommended that the Senate should approve the Anti-Discrimination Act and suggested that the term “gender” in the Act should be explicitly deemed to refer to gender identity, since the Act did not refer to gender identity in such a way as to unequivocally cover transsexuals.
Right to life, liberty and security of the person
24. JS3 reported that there had been numerous cases of arbitrary detention and ill-treatment of transsexuals, transvestites and transgender persons by police since 2002, based on and with the protection of article 373 of the Criminal Code, which penalized anyone “offending in any way against decency or morality”. JS3 also reported that, by virtue of their social exclusion, transsexuals were vulnerable to violence by private individuals, including neo-Nazi groups.
Right to privacy, marriage and family life
33. JS1 reported that legal and judicial praxis was not conducive to homosexuals’ enjoyment of the right to a family, since it prevented them from marrying, jointly administering their property or obtaining custody of their children on an equal footing. According to JS1, in 2008 the Inter-American Court of Human Rights had declared admissible a complaint from a lesbian mother who had alleged discrimination by the Supreme Court in respect of her right to custody of her daughters.
Right to work and to just and favourable conditions of work
40. JS3 recommended that national employment policies should be established for transvestites, transsexuals and transgender persons. JS3 stated that transsexual women had no chance of entering the labour market, which meant their only means of subsistence was prostitution, while transsexual men were obliged to wear women’s or unisex clothing to be able to work.
Right to social security and to an adequate standard of living
45. JS3 recommended that health policies should be devised at the national level to meet the needs and requirements of the transvestite, transsexual and transgender population, including evaluations, treatment and operations, based in all cases on free and informed consent and without compulsion.
II. Excerpts on SOGIESC issues from the national report
Rights of sexual minorities
82. Since the return to democracy, policies of non-discrimination and social inclusion have been implemented with regard to sexual minorities. Important changes have been made in the areas of education and health, thanks to an open dialogue between the authorities and representatives of gays, lesbians and transsexuals. The Office of the Minister and Secretary-General of Government announced in 2004 the National Plan to Combat Discrimination in Chile, which talks of the need to end marginalization based on sexual orientation or gender identity. The Ministry of Education tackled the issue of discrimination against students and teachers on account of their sexual orientation in 2005 in its Sex and Emotional Education Plan.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
13. In 2007, the HR Committee observed with satisfaction that the laws criminalizing homosexual relations between consenting adults have been repealed. However, it remained concerned about the discrimination to which some people are subject because of their sexual orientation, for instance, before the courts and in access to health care.
IV. References to SOGIESC issues during the Working Group review
24. Sweden recommended […] (c) that discrimination on the grounds of sexual orientation and gender identity be prohibited by law and included in equality programmes and policies.
25. The Netherlands recommended that Chile […] (c) prohibit by law, and include in equality programmes and policies, discrimination on the grounds of sexual orientation or gender identity and use the Yogyakarta Principles as a guide to assist policy development […].
34. New Zealand recommended that Chile […] (b) strengthen measures to counter discriminatory attitudes in society, including through public education and equality initiatives, and legislative measures to prevent discrimination on the basis of sexual orientation and gender identity […].
66. France […] said that women, sexual minorities and indigenous peoples continue to be victims of different types of discrimination at various levels, asking how Chile intends to improve this situation.
83. The Czech Republic recommended […] (b) reviewing article 373 of the Criminal Code so that it cannot be abused for persecution of persons belonging to sexual minorities.
V. Conclusions and/or recommendations
Chile accepted the following recommendations:
98.27. Strengthen measures to counter discriminatory attitudes in society, including through public education and equality initiatives and legislative measures to prevent discrimination on the basis of sexual orientation and gender identity (New Zealand);
98.28. Prohibit by law, and include in equality programmes and policies, discrimination on the grounds of sexual orientation or gender identity (Sweden);
98.28b Follow the Yogyakarta principles as a guide to assist policy development (Netherlands);
98.29. Review Article 373 of the Criminal Code so that it cannot be abused for persecution of persons belonging to sexual minorities (Czech Republic).
VI. Further information
You will find all documents relating to Chile’s first review at UPR-Info and OHCHR’s websites.