The Amendment to the Parental Code (2021:783) on the presumption of parenthood, effective January 1, 2022, expands the presumption of parenthood to include married female couples as well as married couples in which one or both spouses have undergone a legal gender transition. This aligns the law with the presumption already applied to heterosexual married couples. Under Chapter 1, Section 9 of the Parental Code, a woman who is married to or in a registered partnership with the birth mother is automatically presumed to be the child’s other legal parent.

The Göta Court of Appeal case, B 302-22, concerned whether M.A. and R.B. had committed conspiracy to forced marriage by planning to compel their daughter, H.M., to travel to Pakistan to marry against her will. The Göta Court of Appeal found M.A. guilty, holding that he intended to exploit his daughter’s vulnerable situation to force her into a marriage or marriage-like union. His actions, including restricting her contact with the outside world, clearly demonstrated an attempt to control her life choices.

NJA 2017 p. 168 was about the enforceability of a mahr agreement (Islamic bridal gift) entered into in Iran at the time of marriage. Under the agreement, the husband undertook to pay a significant sum to the wife upon her request. After the couple established residence in Sweden, the issue arose whether the agreement was valid under Swedish law. The District Court initially recognized the mahr as enforceable. However, the Supreme Court ruled otherwise, holding that Swedish law governing matrimonial property relations did not recognize the mahr agreement.

NJA 2020 p. 426 concerned a request for the extradition of P.M., an Iranian national, to Iran. P.M. faced the risk of persecution due to her gender and sexual orientation. The issue before the Supreme Court was whether such a risk constituted an obstacle to extradition under Section 7 of the Extradition for Criminal Offenses Act (1957:668).

In Case No. 187-2023, the Supreme Court of Chile ruled in a landmark gender justice case concerning the murder of a transgender woman. On May 16, 2023, the Oral Criminal Court of Iquique convicted the defendant of femicide. However, on October 4, 2023, the Iquique Court of Appeals overturned the conviction, holding that the victim did not legally qualify as a woman under the femicide statute because official records still listed her as male. After remand, the trial court once again convicted the defendant of femicide.

In Case No. 44,823-2021 the plaintiffs, representing themselves and their minor children, filed a lawsuit against Hospital San José for inadequate medical care that led to the death of a woman on February 10, 2012, following an untreated incomplete abortion. The Second Civil Court of Santiago awarded 50,000,000 Chilean pesos in moral damages to each plaintiff. The Santiago Court of Appeals overturned the ruling and dismissed the claim.

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.