Both male and female same-sex sexual activity is legal in Chile. Since 22 Octobersame-sex couples and households headed by same-sex couples have the same legal protections available to opposite-sex married couples, within a civil union - except for adoption rights and the title of marriage. Adult, consensual, non-commercial, same-sex sexual activity has been legal in Chile sincebut the liberalization of the criminal code created an unequal age of consent and did not modify vague public indecency laws, which have been used to harass LGBT people in Chile.
In Chilethe age at which there are no restrictions for sexual activities is 18while the minimum age of consent is Limitations exist between 14 and 18 years old Art. Even when not clearly stated in Articlelater on, in Articlehomosexual activity is declared illegal with anyone under 18 years Ley de adopcion homosexual en chile. There
Ley de adopcion homosexual en chile exists in the Chilean Penal Codea legal figure estupro.
This figure establishes some limitations to sexual contacts with children older than 14 and younger than 18 years old. The estupro legislation Article defines four situations in which sex with such a children can be declared illegal even if the minor to the relationship non-consensual sex with anyone older than 14 y.
The sexual acts regulated by Articles rapestatutory rapeestupro and homosexual sex are defined as "carnal access" acceso carnalwhich means either oral, anal or vaginal intercourse. Other articles within the penal code regulate other sexual interactions Articles bis,bis, ter, quarter. Article bis, regulates the "introduction of objects" either in the anus, vagina or mouth.
Article bis, Ley de adopcion homosexual en chile "sexual act" as any relevant act with sexual significance accomplished by physical contact with the victim, or affecting the victim's genitals, anus or mouth even when no physical contact occurred. Article states that charges relating to these offenses Articles to can be brought only after a complaint by the minor or the minor's parent, guardian or legal representative.
Nevertheless, if the offended party cannot freely file the complaint and lacks a legal representative, parent or guardian, or if the legal Ley de adopcion homosexual en chile, parent or guardian is involved in the crime, the Public Ministry may proceed by its own.
Inthe age of consent for opposite-sex activity was Inthe age of consent was set at 14 for both girls and boys in relation to heterosexual sex. In Chile, transgenderism is often associated with homosexuality. In the early part of the twenty-first century, the legal rights of transgender people in Chile has begun to improve.
SinceLaw No. InMarcia Alejandra Torres was the first trans person in Chile to legally change her name and gender
Ley de adopcion homosexual en chile the birth certificate after undergoing sex reassignment surgery. In both cases, for the first time, surgery was not a requirement.
Ley de adopcion homosexual en chile LGBT rights group Movilh achieved in that the Civil Register made an announcement that made possible for transsexuals in Chile to obtain their identity documentation without
Ley de adopcion homosexual en chile to change their appearance.
In the National Organization of Gendarmeries ordered the end to disciplinary sanctions against inmates which prevented them to dress accordingly to their gender identity. In the Ministry of Health approved a circular which obliged to call and register transsexuals by their social name in all care centers in Chile  and launched the first protocol which at nation level regulated the medical procedures of body alteration.
In some offices had already established a certain health record for transsexuals so that they could receive care adequate of their gender identity. Sincesex reassignment surgeries and hormone therapy are funded by the public health system Fondo Nacional de Salud.
Currently ina gender identity law, which would not require any surgeries or judicial permission is being discussed by the congress.
The bill now heads to the Chamber of Deputies for discussion. The commission included children and adolescents and deleted the requirement of a medical evaluation previously approved in the Senate. The bill goes to a final vote before the Senate as it was amended. In Chile, transgender children are allowed to change their name and gender on legal documents, though a judicial permission is required. Requirements depends on the judge. In recent years some cases have been made public.
In Aprilthe Ministry of Education issued a ministerial circular entitled "Rights of girls, boys and trans students in the field of education. Some of the measures that educational establishments must adopt include: Bill on "System of Guarantees of Rights of the Childhood," recognize the right to children and adolescents to develop their gender identity.
According to the Civil Registry and Identification Servicebetween andintersex children have been registered under the category of "indeterminate sex" on official records.
In Marchthe Ministry of Foreign affairs issued a circular recognizes same-sex
Ley de adopcion homosexual en chile unions and equal marriages performed abroad for residency matters. Chile's civil union laws enable same-sex and opposite-sex cohabitating couples to co-own property and make medical decisions as well as claim pension benefits and inherit property if their civil partner dies.
Gaining custody of a partner's child where necessary is also made easier by the law. The new law recognises marriages performed abroad as civil unions and views couples and their children as a family. It took effect on 22 October On 1 Decemberthe Chamber of Deputies unanimously approved except for 6 abstentions a bill to give couples who enter in a civil union five days off, like couples who marry have.
The Ley de adopcion homosexual en chile was approved by the Senate in Octoberin a unanimous vote. The bill amends the definition of marriage of article of the Civil Code, Ley de adopcion homosexual en chile the phrase that determines it as the union "between a man and a woman", by "the union between two people".
In addition, the measure contemplates the right of joint adoption and filiation automatic parenthood for same-sex couples.
Chilean law stipulates that single people are allowed to adopt, regardless of their sexual orientation. If applicants are approved as suitable to adopt, legally only one of them would be the legal parent of the child. Final approval is granted by the Family Court. In addition, filiation is defined by birth, therefore, same-sex couples Ley de adopcion homosexual en chile not recognize a child in the birth certificate.
In Marcha lesbian mother filed a voluntary petition to a Family Court to have her daughter legally recognized as the daughter of her partner.
Ley de adopcion homosexual en chile Novemberthe Supreme Court ruled against two mothers, by a vote of three to two. If passed, the bill would offer three pathways to legally recognize the filiation of same-sex parents to their children. The Marriage Equality bill introduced in August by President Bachelet, Ley de adopcion homosexual en chile allow joint adoption to married same-sex couples and filiation automatic parenthoodfor both married and unmarried same-sex couples.
There are no laws
Ley de adopcion homosexual en chile guarantee or protect the right to access to assisted reproductive technology. Lesbian couples may access to IVF treatments, though they do not have medical insurance coverage due they do not have an infertility pathology. Currently in Chile, there is no specific legislation on surrogacy. The book is currently being distributed to pre-school kids in public kindergartens in Chile.
Public opinion has shown substantial support Ley de adopcion homosexual en chile same-sex unions: An August poll found that In Chile there are different laws, regulations and public policies that protect LGBT people from discrimination. However, according to Movilh's Annual Reports on the 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 Ley de adopcion homosexual en chile rights and to denounce discriminatory acts.
Article of the Penal Code, based on the "offenses to morals and good customs" has been for years the only legal standard that has used the police to harass homosexuals, even for behavior such as holding hands in public.
Inthe bill to repeal the article was rejected in the Constitution, Law and Justice Committee of the Chamber of Deputies. The law, approved inimposes penalties for acts of discrimination on the basis of race, ethnicity, nationality, marital status, disability, age, sex, sexual orientation, gender identity and personal appearance, among other distinctions. It allows citizens to file anti-discrimination lawsuits and requires the State to develop public policies to end discrimination.
It describes as illegal discrimination distinction, exclusion or restriction that lacks reasonable justification, committed by agents of the state or individuals, and that causes the deprivation, disturbance or threatens the legitimate exercise of fundamental rights. The law is colloquially known as the Zamudio law, in honor of Daniel Zamudio. In Chile, the relationship between suppliers of goods or services and Ley de adopcion homosexual en chile is
Ley de adopcion homosexual en chile by Law No.
Article 3 states that are basic rights of the consumer, among others, the right to non-discrimination. In Decemberin the first ruling under the anti-discrimination law, a judge ordered a motel to pay a fine to a lesbian couple for refusing them entry, and ordered that it can't refuse entry on another occasion. The Third Civil Court of Santiago was emphatic in saying that denying services or products based on sexual orientation or Ley de adopcion homosexual en chile identity was illegal.
Sincethe Labor Code explicitly prohibits discrimination based on sexual orientation and gender identity. Inthe authorities announced that Ley de adopcion homosexual en chile rules of non-discrimination guaranteed in labor law also apply to the sexual minorities. InThe Department of Labor made possible, through the implementation Ley de adopcion homosexual en chile the new politics, to make reports of discrimination based on sexual orientation or gender identity.
Ley de adopcion homosexual en chile change came from a petition by Movilh and originated from an event in when Ley de adopcion homosexual en chile employee did the first report of this kind in a governmental instance. In JuneThe Department of Labor officially updated the "Principles Ley de adopcion homosexual en chile the to non-discrimination" set out in the Labour Code, according to the effects of the anti-discrimination law that includes sexual orientation and gender identity as protected classes.
In Decembera court ordered the Municipality of Talca to compensate three former employees who had been dismissed because of their sexual orientation. The court ruling also requires the Mayor Juan Castro Prieto and other officials to be trained in human rights.
The General Law of Education LGE promulgated inincluded the principles of non-discrimination and respect to diversity. The Ministry of Education launched in the School Coexistence Regulation, which points out the importance of eradicating the discrimination against LGBT people in the classroom. In SeptemberChile's Congress approved "The Law about School Violence" that amended the General Law of Education to establish definitions, procedures, and penalties for school violence and bullying.
The law has a positive impact on the fight against homophobia and transphobia in the classroom.
Inthe Superintendence of Education updated the Handbook for educational establishments on Rules of Procedure with regard to school coexistence, which orders the non-discriminatory treatment concerning students based on their sexual orientation or gender identity, and indicates that the regulation of all schools must sanction any act of discrimination between members of the school community.
Intwo new policies Ley de adopcion homosexual en chile the Ministry of Education recognized the importance of promoting the rights of LGBTI people in classrooms. The National School Coexistence Policy guarantees non-discrimination for sexual diversity and it is incorporated into the School Calendar the "International Day Against Homophobia and Transphobia.
The School Inclusion law, that took effect in Marchguarantees non-discrimination based on sexual orientation and gender identity, mentioning the anti-discrimination law. Sincethe Civil union law officially recognises same-sex couples as a family, and offers protection in access to housing. The Minister Patricia Poblete said that discrimination based on sexual orientation or gender identity is not allowed in any of the services offered by her ministry, so gay couples can apply, without problems, housing subsidies.
Sincethe "Household Social Register" Ley de adopcion homosexual en chile same-sex cohabiting couples. It is an information system whose objective is to support the nomination and selection of beneficiaries of institutions and government agencies that provide social benefits. Inthe Anti-discrimination law amended the Criminal Code adding a new aggravating circumstance of criminal
Ley de adopcion homosexual en chile, as follows: In NovemberPresident Michelle Bachelet enacted the Anti-torture law establishing criminal penalties for torture and cruel, inhuman and degrading treatment.
It covers physical, psychological abuse and sexual violence, and includes sexual orientation and gender identity as protected categories. The law aims to punish people in public service positions, both public employee or private individuals in public service, who instigate, carry out or hide knowledge of torture.
In Julyten MPs introduced a bill to amend the Criminal Code to incorporate the crime of incitement to hatred or violence against people based on sexual orientation and gender identity, among other distinctions. Inthe Health Ministry lifted a ban on gay and lesbian blood donations. Before, potential blood donors would be asked their sexual orientation as a part of a questionnaire that would decide whether or not their blood was viable.