In Case No. 9886-2024, the Supreme Court reviewed the case of a woman, sentenced to four years in Iquique Prison for drug trafficking, who requested to substitute her prison term with full house arrest due to inhumane detention conditions and her caregiving responsibilities toward her newborn daughter.
In Case No. 190096-2023, the Supreme Court of Chile reviewed an appeal filed by a foreign woman who had been held in pretrial detention since April 8, 2023, on drug trafficking charges. The appellant was experiencing a high-risk pregnancy, with an expected due date of October 4, 2023, and was receiving medical care at the Provincial Hospital of Huasco. The Court examined and amended the November 15, 2023, ruling of the Court of Appeals of Concepción.
Law No. 21,325/2021 governs migration and immigrants in Chile and includes specific provisions to protect foreign women from gender-based violence and discrimination. The State is required to ensure that migrant women are not discriminated against or subjected to violence at any stage of the migration process. The law also guarantees their access to institutions and protection mechanisms that safeguard their well-being. Special protection is granted to pregnant women, victims of human trafficking, victims of gender-based or domestic violence, and persons subjected to migrant smuggling.
Law No. 21,675/2024 establishes a comprehensive legal framework to prevent, punish, and eradicate gender-based violence against women, affirming every woman’s right to a life free from violence. The law broadens the definition of gender-based violence to include physical, psychological, and economic abuse. It introduces measures such as protective orders, specialized victim support services, and educational and awareness campaigns to prevent violence.
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.
