Chile

Karen Atala Riffo, a judge in Chile, and her husband separated in 2002 and agreed that she would retain custody of their three daughters. After a few years, Ms. Atala began to live with her female partner. In response, her husband filed for custody claiming that the mother’s homosexuality was detrimental to the children. The lower court confirmed the grant of custody to the mother, finding that there was no evidence that homosexuality was pathological conduct that would make Ms. Atala unfit as a mother.

While the victim was sleeping, her partner Sebastian Javier Parra Godoy attacked her by striking her in the head. She suffered near-fatal head injuries as a result of the blow. On February 5, 2013, the criminal court in the province of Angol found Mr. Godoy guilty of the crime of attempted intimate femicide. In their ruling, the judges explicitly referenced the fact that the case presented a case of gender-based violence. It concluded that that Parra Godoy had acted as a result of traditional views considering women as subordinate perpetuating stereotypes of violence and coercion.

The female defendant was charged with trafficking in person for the purpose of sexual exploitation. The defendant used an employment agency in Peru to offer Peruvian women waitress jobs at her residence in Chile. She would assist them in crossing the border and would pay travel costs. Upon arrival, the victims were kept at the defendant’s residence and were forced to provide sexual services to clients arranged by the defendant. The defendant also kept the victims’ passports so that they would be unable to leave until their debts were paid.

The Criminal Court of Viña del Mar sentenced Rodrigo Gacitúa Escobar to life imprisonment for a series of robberies, rapes, and other crimes committed between 2010 and 2012. The prosecutor, Vivian Quiñones, expressed satisfaction at the result, and pointed out the impact of the testimony from the victims. The defense unsuccessfully attempted to discredit the victims’ testimony, including using postings on social media.

The Code sets various provisions related to marital property and duties.  It also sets the minimum age for marriage at 18. 

El Codigo establece varias leyes relacionadas a la propiedad y deberes matrimoniales. Tambien designa 18 como la edad minima para el matrimonio legal. 

Article 2 of the Employment Code provides that discriminatory acts are against the principles of labor laws, including any distinction, exclusion, or restriction because of race, color, sex, age, civil status, union participation, religion, political opinion, nationality, ancestry, economic situation, language, or beliefs, among others, that have the goal of eliminating or altering equality of opportunities or of treatment in the workplace.  Article 62 provides that the employer must comply with the principle of equal compensation between men and women who perform the same work. 

Articles 342 to 345 relate to abortion as a crime, other than an abortion under any of the conditions established by Law No. 21,030 of 2017.

A parliamentary minority requested that the Constitutional Court declare unconstitutional a Ministry of Health decree that determined the availability of family planning methods and permitted distribution of emergency contraception by national health centers.  The constitutional court noted that the “right to life” is fundamental under the Chilean Constitution. It rejected scientific arguments that emergency contraception did not affect the life of a conceived but unborn embryo.

The plaintiff, a councilwoman in the Comune of Lampa, identified as a woman and presented herself to society as a woman, filed a discrimination complaint against the defendant, claiming arbitrary discrimination for failure by the Mayor, as representative of the State, to respect her gender identity. She sued, claiming a violation of Anti-Discrimination Law No. 20.069 (“the Law”).

The Supreme Court rejected the appeal of a decision rendered by the Court of Appeals of Santiago (Case No. 11717-2016), which had ratified the judgment of the 12^th Civil Court of Santiago finding for the plaintiff in a complaint for violation of the Article 2 of Law No. 20,069 by the defendant. The plaintiff, a host in a TV show, claimed discrimination for his sexual orientation by his employer, the TV show.