Law No. 21,643/2024 introduced amendments to the Labor Code to strengthen the prevention, investigation, and sanctioning of workplace harassment, sexual harassment, and violence in the workplace. It establishes that all employment relationships must be free from violence, respect human dignity, and apply a gender-sensitive approach.
Law No. 21,367/2021 amended the Civil Marriage Law to remove homosexual conduct as a ground for fault-based divorce. The reform established that sexual orientation cannot be invoked as a basis for dissolving a marriage. Divorce continues to be available where there is serious misconduct making married life intolerable, applied equally regardless of a spouse’s sexual orientation.
Law No. 21,120 recognizes and protects the right to gender identity by allowing individuals to change their registered name and sex in official records to reflect their self-identified gender. The procedure is administrative for adults, while minors between 14 and 18 may request changes with parental or guardian consent and judicial approval. The law requires respect for chosen names and pronouns in all public and private interactions and prohibits discrimination based on gender identity in education, employment, and healthcare.
Law No. 21,197/2020 requires the adoption of protocols to prevent and address sexual harassment, sexual abuse, discrimination, and mistreatment in national sports. Its purpose is to foster a safe and inclusive environment for athletes and sports professionals by ensuring dignity and integrity in sporting activities. The law mandates that sports organizations develop comprehensive protocols, provide training for managers, technical staff, and athletes, and establish clear and transparent mechanisms for reporting, investigating, and sanctioning incidents.
Law No. 21,369/2021 aims to prevent and punish sexual harassment in various settings, including workplaces and higher education institutions. Its purpose is to ensure safe environments free from sexual harassment, violence, and gender-based discrimination, offering protection to all individuals regardless of sex, gender, identity, or sexual orientation.
Law No. 21,400/2022 amended the Civil Marriage Law to remove the restriction that marriage could only be between a man and a woman. Through this reform, Chile legally recognized same-sex marriage, granting same-sex couples the same rights and obligations as heterosexual couples, including inheritance rights, adoption, and access to social security benefits.
Law No. 21,565/2023 establishes a comprehensive protection and reparation regime for victims of femicide, femicide-related suicide, and their families. Its purpose is to ensure full support and access to justice for those affected by these crimes, through adequate psychological, social, and economic assistance. The law defines who qualifies as a victim and sets out the responsibilities of the State in providing necessary care and reparations.
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.
