Chile LGBT Laws

In December 1998, the age of consent for consensual sex between same-sex couples was 18 years under Article 365 of the Penal Code, higher than for heterosexual couples [R1.1].

On 04 January 2011, the Constitutional Court upheld the constitutionality of Article 365 of the Penal Code which sets 18 years as the age of consent for sexual relations between (male) persons of the same sex, while for heterosexuals it is 14 years. However, there was agreement that the homophobic rule is only applicable to gay relationships and not to the lesbian, something that until now was never clear [R2.1].

On 31 March 2015, the Constitutional Tribunal and Court of Appeals of Valparaíso in Chile ruled that Nicolás tiene dos papás (Nicolás Has Two Dads), the first Chilean children’s book about sexual diversity and same-sex parenting, does not violate children’s rights and may legally be made available in preschools [R1.1]

On 24 February 2012, the Inter-American Court of Human Rights found that the Chilean Supreme Court’s ruling ordering removal of Karen Atala’s three daughters in 2004 believing her sexual orientation put their development ‘at risk’, violated the right to equality and non-discrimination as stipulated in the American Convention on Human Rights [C1.4], [R1.3].

On 24 August 2011, the Inter-American Court of Human Rights heard the case of Karen Atala Riffo in Bagotá, Colombia. A decision on Atala’s case will be issued, with which the government of Chile has agreed to abide [R1.2].

Previously:

In April 2010, the Inter-American Commission on Human Rights (IACHR) rebuked Chile’s Supreme Court for a 2004 ruling in which a woman lost custody of her children to her estranged husband because she was living with her lesbian partner [R1.1].

On 13 April 2015, President Michelle Bachelet signed the Civil Union Accord into law, recognizing civil unions between same-sex couples [R1.15]. The law comes into effect on 22 October 2015 [R1.14].

On 29 January 2015, the Senate passed the Civil Union Accord bill by a 25 to 6 vote margin with three abstentions. The law grants gay and unmarried couples the right to inherit each other’s property, join a partner’s health plan and receive pension benefits and has been sent to President Michelle Bachelet who is expected to sign it into law [R1.13].

See also: 2. Courts & Tribunals below.

On 20 January 2015, the Chilean House of Representatives approved a bill 86-23 that would allow same-sex couples to enter into civil unions. The Chilean Senate is expected to approve the measure before the end of the month. President Michelle Bachelet has said she will sign the civil unions bill into law [R1.12].

On 06 December 2014, a bill was introduced into the House of Deputies that would extend marriage rights to same-sex couples. In October the Senate voted to advance the measure – known by the Spanish acronym AVP that roughly translates into life partner agreement in English [R1.11].

On 07 October 2014, the Senate voted to advance a bill that would allow same-sex couples in the South American country to enter into civil unions. The bill will now go before the Chilean House of Deputies where a vote could potentially take place in the coming weeks [R1.10].

On 05 August 2014, a Senate committee voted unanimously to advance a bill that would allow same-sex couples to enter into civil unions, setting the stage for a potential vote on the measure in the full Senate [R1.9].

On 07 January 2014, the Senate approved 28-6 (2 abstentions) the Life Partner Agreement bill that would allow homosexual couples to become legal partners in civil unions. The bill now goes to a constitutional assembly before being brought back to Congress 20 January [R1.8].

On 20 November 2012, government spokesperson Cecilia Perez announced President Sebastian Piñera will take all necessary steps to pass a new agreement on family life – Acuerdo de Vida en Pareja (AVP) – bill, granting equal rights to gay couples before the end of his presidential term in March 2014 [R1.7].

On 09 August 2011, President Sebastian Piñera, signed a proposal to recognize gay civil unions, granting them some of the same rights as married couples including access to inheritance and other social benefits, and sent it to Congress [R1.6].

On 11 July 2011, the government was reportedly considering presently legislation to Congress that would recognize same-sex civil unions and extend rights to couples who have lived together for more than one year [R1.5].

On 28 May 2011, President Sebastian Piñera was reported to have announced he’ll send Congress a bill legalizing civil unions for gay and lesbian couples [R1.4].

On 15 June 2010, Senator Andres Allamand announced he would introduce a package of laws called Acuerdo de Vida en Comun (AVC) that would if passed recognize gay couples with civil unions. The Senate is expected to vote on a gay marriage bill in July [R1.3].

Previously:

In 2006, civil union legislation was presented to the national Congress but stalled despite President Michelle Bachelet’s public support, due to the opposition of the Catholic Church and several conservative politicians [R1.2].

In June 2003, a Bill that would allow same-sex couples who have lived together for at least two years to legalize their union through a civil contract granting them rights to pensions and inheritances was sent to the Congress [R1.1].

The proposed law would not permit same-sex marriages or the adoption of children. It would allow couples to split on the grounds of family violence or mutual agreement [R1.1].

On 30 June 2016, the Supreme Court set a precedent by awarding Vladimir Urrutia the right to decide where the remains of his deceased partner should lie instead of the deceased’s family. The couple had been in a 12-year relationship but not married and did not have a civil partnership [R2.3]

On 02 April 2015, the Constitutional Court concluded that the Civil Unions Bill passed 29 January, was constitutional [C2.2], [R2.1].

On 04 September 2017, President Michelle Bachelet reportedly signed a bill that adds a new article to the Penal Code, in order to ”punish whoever publicly, or by any means suitable for its public dissemination directly incites physical violence against a person or group of people, whether on the basis of race, national or ethnic origin, sex, sexual orientation, gender identity or beliefs”. The project establishes a minimum prison sentence in its minimum degree (from 61 to 540 days) and a fine of 30 to 50 monthly tax units (1.4 to 2.3 million pesos , approximately), and in the event that the crime is committed by a public official in the exercise of his work or by reason of his position, the penalty will go from 541 days to three years in jail and the fine will be 50 UTM [R1.7].

The Chamber of Deputies of Chile has approved a bill that includes anti-discrimination provisions to protect the rights of LGBTI minors. Article 9 of the bill includes sexual orientation, gender identity, gender expression, sexual characteristics among the grounds on which ”no child shall be arbitrarily discriminated against”, while Article 19 claims that ”every child has the right ( … ) to preserve and develop their own identity ( … ), including their gender identity”. The bill now heads on to the Senate for discussion [R1.6].

On 12 July 2012, President Sebastian Pinera signed anti-discrimination legislation into law. The Ley Antidiscriminación, also called Ley Zamudio, imposes penalties for acts of discrimination by race, ethnicity, nationality, disability, economic status, religion, or sexual orientation. Individuals may file anti-discrimination lawsuits and a judge must issue a ruling within 90 days. Penalties range from $370 to $3,660, but may be increased in the case of injury. The law also provides for criminal sanctions against violent crimes and requires the State to develop public policies to end discrimination [R1.5].

On 09 May 2012, Congress passed an anti-discrimnation law 25–3, enabling people to file anti-discrimination lawsuits and adds hate-crime sentences for violent crimes [R1.4].

On 04 April 2012, the House of Deputies approved 58–56 a law making unlawful “any 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” [R1.3].

Previously:

On 08 November 2011, in a 28–2 vote, the Senate approved legislation that seeks to end discrimination against minority groups. The law now has to be passed by the Chamber of Deputies [R1.2].

The Senate decided that the categories to be protected were, “race or ethnicity, nationality, socioeconomic status, language, ideology or political opinion, religion or belief, the association or participation in trade associations or lack thereof, gender, sexual orientation, marital status, age, affiliation, personal appearance and illness or disability” [R1.2].

On 08 November 2011, the Senate is expected to consider an anti-discrimination law that would, if passed, forbid any discrimination based on race, age, sex, gender, religion, belief, political or other opinion, birth, national origin, cultural or socioeconomic standing, language, marital status, sexual orientation, illness, disability, genetic structure or any other status. The legislation apparently omits “gender identity” [R1.1].

On 08 December 2012, in the first ruling under a new anti-discrimination law, a Chilean judge ordered a motel to pay a $4000 (£2500) fine to a lesbian couple for refusing them entry, and ordered that it can’t refuse entry in future [R2.1].

On 30 June 2016, the Supreme Court set a precedent by awarding Vladimir Urrutia the right to decide where the remains of his deceased partner should lie instead of the deceased’s family. The couple had been in a 12-year relationship but not married and did not have a civil partnership [R1.1]

On 28 November 2018, President Sebastián Piñera reportedly signed into law the Gender Identity Law that allows transgender people over 14 to legally change their name and gender without surgery. The measure is expected to officially take effect next year [R1.6].

On 12 September 2018, Chamber of Deputies reportedly approved (95-46) a bill allowing people over the age of 14 to change their name and gender in official records. Children aged 14 to 18 must first obtain the consent of their parents or legal guardians. The gender identity law must be either rejected or entered onto the statute books by center-right President Sebastian Pinera within 30 days [R1.5

On 23 January 2018, the House of Deputies reportedly approved 68-35 a bill that would allow transgender adults to legally change their name and gender without surgery or a court order. The Bill now goes before the Senate [R1.4].

On 03 August 2016, the Senate’s Human Rights Commission was reported to have voted 4-1 in favor of a proposal that would allow transgender adults over the age of 18 and permanent residents to legally change their name and gender at a Civil Registry office without going before a judge. The Bill has yet to go before the Congress [R1.3].

On 11 January 2016, it was reported the Chilean Ministry of Health released a document last week in which Undersecretary of Health Jaime Burrows and Undersecretary of Assistance Networks Gisela Alarcón expressed opposition to ”unnecessary ‘normalization’ treatments of intersex children” that include ”irreversible genital surgeries until they are of a sufficient age to make decisions about their bodies” [R1.2].

On 24 May 2012, Health Minister Jaime Manalich reportedly said Chile will soon cover sex change surgeries under its public health plan in order to allow citizens of limited means to “recover their true sexual identity” [R1.1].

On 30 May 2018, the IV Chamber of the Supreme Court reportedly approved 4-1 a transgender person’s request to change their name and registered gender ”without needing any surgical intervention”, as provided by international treaties in force that the country has ratified [R2.1].

On 12 July 2012, President Sebastian Pinera signed anti-discrimination legislation into law. The Ley Antidiscriminación, also called Ley Zamudio, provides for criminal sanctions against violent crimes [R1.2].

On 09 May 2012, Congress passed a hate-crimes law 25–3, enabling people to file anti-discrimination lawsuits and adds hate-crime sentences for violent crimes [R1.1].

On 11 January 2016, it was reported the Chilean Ministry of Health released a document last week in which Undersecretary of Health Jaime Burrows and Undersecretary of Assistance Networks Gisela Alarcón expressed opposition to ”unnecessary ‘normalization’ treatments of intersex children” that include ”irreversible genital surgeries until they are of a sufficient age to make decisions about their bodies” [R1.2].

On 24 May 2012, Health Minister Jaime Manalich reportedly said Chile will soon cover sex change surgeries under its public health plan in order to allow citizens of limited means to “recover their true sexual identity” [R1.1].

On 23 December 1998, the criminal law in Chile prohibiting consensual sex between same-sex couples was repealed [R1.3].

Previously:

In January 1997, the Chilean Senate’s Constitution, Legislation, Justice and Regulation Committee voted to keep gay sex illegal [R1.2].

On 16 December 1996, the Chilean Senate Committee on Constitution, Legislation Justice, and Rules passed a resolution recommending that the full Senate not consider legislation decriminalizing sodomy [R1.1].

On 27 November 2017, Members of the Chilean Senate’s Constitution, Legislation and Justice Commission began to consider a bill that would extend marriage rights to same-sex couples [R1.5].

On 20 August 2017, it was reported that President Michelle Bachelet would introduce a bill to extend marriage to same-sex couples on 28 August 2017 [R1.4].

On 01 June 2017, President Michelle Bachelet said her government will introduce a same-sex marriage bill in the coming months [R1.3].

On 11 August 2011, two days after President Sebastian Pinera sent to Congress a bill that would grant gay and lesbian couples many of the rights and benefits of marriage, members of the Independent Democrat Union (Union Democrata Independiente) announced the introduction of a constitutional amendment that seeks to define marriage as the union of a man and a woman [R1.2].

In August 2010, the president of the Socialist party, Senator Fulvio Rossi announced that he would present a same-sex marriage bill for the nation [R1.1].

On 03 September 2012, Movement for Homosexual Integration and Liberation (Movilh) filed a lawsuit at the Inter-American Commission of Human Rights on behalf of three couples who were refused marriage registration by the Civil Registry, their appeals were then rejected by the Court of Appeals and finally the country’s Supreme Court in 2011 [R2.6].

On 04 April 2012, the Third Chamber of the Supreme Court ruled against an application for protection in favor of equal marriage filed by three gay couples (Cesar Peralta and Hans Arias, Canadian Stephane Abran and Chilean Jorge Monardes and Victor Arce and Miguel Lillo) [R2.5].

On 03 November 2011, the opinion of the Constitutional Court issued, rejecting the petition by two homosexual couples to register their marriages in Argentina and Canada with the Chilean Civil Registry and ruling marriage “ is reserved for heterosexual couples and not those of the same sex” [C 2.4], [R2.3].

On 30 October 2011, in a judgment expected shortly, the Constitutional Court reportedly ruled 9–1 against legalization of same-sex marriage, 4 of the 10 judges wanting Congress to lisgislate on the issue [R2.2].

In January 2011, the Constitutional Court was to consider a protection demand from MOVILH, the Homosexual Integration and Liberation Movement, and three same-sex couples who want the nation’s opposite-sex definition of marriage struck down on constitutional grounds [R2.1].

On 09 October 2012, Chile’s armed forces announced a plan to create the Chief of Staff Commission for the handling and prevention of discrimination to insure strict compliance of the anti-discrimination law [R1.1].

In 2003, adoption of children by same-sex couples was not lawful in Chile [R1.1].