Law No. 21,212/2020 amended the Chilean Criminal Code to broaden the definition of femicide and impose harsher penalties on perpetrators. Article 390 bis, introduced by the reform, establishes femicide as a distinct criminal offense tied to gender-based violence and extends its definition beyond intimate partner violence.
Law No. 21,523/2022 introduced reforms to the Penal Code and other legal provisions aimed at strengthening the protection of victims of sexual crimes in Chile. The law modified rules on the statute of limitations for certain sexual crimes and restricted the applicability of some mitigating circumstances. It also requires judges to take into account the psychological impact on the victim when determining sentences.
The Political Constitution of the Republic of Chile provides a fundamental legal framework to ensure equality before the law, prohibit arbitrary discrimination, and protect personal integrity and honor. Article 19(1) guarantees the right to life and to physical and psychological integrity, expressly stating that the law protects the life of the unborn. Article 19(2) affirms that men and women are equal before the law, prohibits privileges for individuals or groups, and forbids arbitrary distinctions established by law or authority.
In January 2020, the Beijing No. 2 Intermediate People’s Court ruled that the dismissal of a transgender woman who had undergone gender-affirming surgery was unlawful and ordered her reinstatement. The transgender woman was employed as a product director since 2015 at Dangdang, an e-commerce company best known as one of the earliest and largest online book retailers in China, and was terminated for “continuous absenteeism” after taking medically advised leave for her surgery.
Habeas Corpus No. 783,927 Superior Court of Justice (2023)
Direct Action of Unconstitutionality by Omission No. 26 and Writ of Injunction No. 4733 – Federal Supreme Court (2019)
Claim of Breach No. 31818 – Federal Supreme Court and Popular Action No. 1011189-79.2017.4.01.3400 – Federal Regional Court of the 1st Region (2019)
Direct Action of Unconstitutionality No. 5543 – Federal Supreme Court (2020)
Special Appeal No. 1,977,124 – Superior Court of Justice, Sixth Panel (2022)
The Federal Supreme Court (STF), unanimously, declared the so-called “honor defense” unconstitutional, holding that it violates the principles of human dignity, the protection of life, and gender equality. The ruling was issued in the context of a Claim of Breach of Fundamental Precept (ADPF) 779, filed by the Democratic Labor Party (PDT), following a preliminary injunction granted by Justice Dias Toffoli in February 2021.
