| For a summary of Chile’s review at the first cycle please click here. |
18th UPR session
Date of review: 28 January 2014
Date of report adoption: 2 April 2014
Document number: A/HRC/26/5
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SUMMARY SOGIESC issues during Chile’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Institutional and human rights infrastructure and policy measures
28. JS3 expressed concern about the lack of effective public policies focused on preventing the alarming number of teenage suicides in Chile, including among persons belonging to the LGBTI community. JS3 recommended that the State ensure that its policy for addressing teenage suicide is adequate and gives due attention to particularly vulnerable groups.
Equality and non-discrimination
32. JS4 regretted that article 373 of the Criminal Code, which establishes that “any person who in any way offends against decency or morality through serious disorderly conduct shall be sentenced to imprisonment”, continued to be used to arrest and harass persons on the grounds of their sexual orientation or gender identity. The police view expressions of affection between persons of the same sex as an offence against morality. A bill to repeal this article has been before Congress since 2007. JS7 recommended that the State expedite approval of the bill to repeal article 373 of the Criminal Code.
33. JS7 stated that teenage pregnancy rates and levels of homophobic and transphobic bullying are still rising. JS7 urged the State to take action to prevent discrimination and violence on grounds of gender identity and sexual orientation in educational establishments.
34. JS3 stated that legislative proposals on equal marriage and civil partnership agreements had made no progress. In addition, the State does not recognize the rights of transsexual and transgender persons to change their name and legal sex. JS3 recommended that the State adopt a law on civil unions; enact legislation on equal marriage; and approve the bill on gender identity.
Right to life, liberty and security of the person
42. JS7 stated that transsexual, transgender and transvestite persons were imprisoned with men, with no respect for their gender identity. JS7 encouraged the State to incorporate a prohibition of discrimination on grounds of gender identity in its prison policies.
44. JS7 said that lesbian victims of domestic violence and transgender women, who are constantly abused, are not recognized as victims under the protection system.
Right to health
65. JS7 reported that, in 2011, the Ministry of Health issued policy guidelines to regulate certain sexual and reproductive health-care services provided to transsexual, transgender, transvestite and intersex persons. However, it has not been possible to implement these guidelines due to a lack of knowledge of gender identity issues among personnel working in health centres. JS7 urged the State to include instruction in gender identity and sexual orientation in the training provided for health-care professionals.
II. Excerpts on SOGIESC issues from the national report
The State’s international commitments
10. Within the inter-American sphere, Chile is playing an active role in negotiations over the draft inter-American convention for the protection of the human rights of the elderly. It has also supported resolutions on issues relating to sexual orientation, HIV and AIDS, the right to truth, on disability and on education.
Lesbians, gays, bisexuals, transsexuals and transgender persons
84. The Antidiscrimination Act provides specific protection for sexual orientation and gender identity. As an illustration, the first sentence handed down by a court, in December 2012, in response to a case brought under the Act condemned the discrimination suffered by a lesbian couple.
85. In the legislative sphere, the Government has submitted a bill to establish a civil partnership agreement — currently at the first stage of consideration — governing the legal aspects of life as a couple for both heterosexual and homosexual couples.
III. Excerpts on SOGIESC issues by UN agencies
Constitutional and legislative framework
8. The United Nations country team (UNCT) in Chile noted the promulgation of Act No. 20480, which included the crime of “femicide”, and Act No. 20609, which established measures against discrimination on grounds inter alia of sexual orientation and gender identity; it also noted the publication of the Ministry of Health guidelines on the treatment of transgender persons in the Public Health System and the clinical approach to physical adjustment in persons suffering from incongruence between their physical sex and their gender identity.
Equality and non-discrimination
21. UNCT reported that in 2012 Act No. 20609 establishing measures against discrimination on grounds inter alia of sexual orientation and gender identity had been passed into law. The Act also amended article 12 of the Criminal Code, adding as an aggravating circumstance with regard to criminal responsibility the fact that an offence was committed for discriminatory reasons.
23. CEDAW remained concerned about traditional stereotypes regarding the roles of women and men and about the multiple discrimination and violence, on grounds such as sexual orientation, gender identity, indigenous origin or HIV/AIDS status, faced by certain groups of women.
27. UNESCO recommended that the Government 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.
IV. References to SOGIESC issues during the Working Group review
11. Regarding discrimination, Law No. 20.609 had entered into force in July 2012. The law punished all forms of discrimination based, inter alia, on grounds of race, nationality, language, political opinion, religion, sex, sexual orientation, gender identity and disability.
17. Croatia asked Chile to share additional information on the national health-care system for transgender persons.
39. Italy […] asked whether measures regarding the legal recognition of transgender persons were envisaged.
49. The Netherlands welcomed the efforts made by Chile to promote equal rights for persons belonging to lesbian, gay, bisexual and transgender groups. It hoped that the universal periodic review would assist the Government to promote human rights further.
68. Sweden noted that the criminalization of abortion in all circumstances was still in place. Sweden welcomed advances in promoting lesbian, gay, bisexual, transgender and intersex rights, particularly the adoption of the Anti-Discrimination Act. It requested more information on the steps taken to ensure the implementation of current anti-discrimination legislation.
70. Noting that the AntiDiscrimination Act provided protection for sexual orientation and gender identity, [Thailand] encouraged a further amendment to include financial compensation for victims. Thailand made recommendations.
101. The Human Rights Department of the police (Carabineros) had been set up in 2011 with the aim of, inter alia, promoting human rights within its domain and contributing to training on human rights. The Department had updated several police protocols on the use of force and firearms. In 2013, the unit for education, doctrine and the history of the police had implemented a new human rights training programme, in accordance with relevant international standards, on the use of force and the protection of vulnerable groups, including the lesbian, gay, bisexual and transgender population.
V. Conclusions and/or recommendations
Chile accepted the following recommendations:
121.70. Develop and carry out a plan for implementation of the Anti Discrimination Law, including positive and preventive actions. In particular, address discrimination based on gender identity and sexual orientation (Colombia);
121.71. Review its Penal Code, namely article 373, and other laws in order to prevent discrimination against LGBTI persons (Czech Republic);
121.72. Support new laws and measures to counter discriminatory attitudes in society and to prevent discrimination on the basis of sexual orientation and gender identity by providing public education and supporting equality initiatives (Netherlands);
121.73. Keep working on awareness measures, including in schools, to combat discriminatory attitudes based on sexual orientation (Spain).
VI. Further information
You will find all documents relating to Chile’s second review at UPR-Info and OHCHR’s websites.