Homosexuality in Chile

Geographical location of Chile

Homosexuality was a socially taboo in Chile in the past , but is increasingly recognized in the present, although the visibility of the LGBT community is low.

legality

Homosexual acts have been legal in Chile since 1999. The age of consent is not uniform. It is 18 years for homosexual acts and 14 years for heterosexual acts.

Anti-discrimination laws

The introduction of anti-discrimination laws to protect sexual orientation is currently being debated in parliament. Media furore in Chile caught the discrimination case of the Chilean Judge Daniel Calvo, who after the announcement of a sauna stay in a gay sauna as a judge at the Santiago Court of Appeals was transferred.

Recognition of same-sex couples

Civil partnership institute

On April 13, 2015, Michelle Bachelet , the incumbent President of Chile, announced the law "Acuerdo de Unión Civil", which is to come into force after 6 months, which are required for administrative changes. It represents a new civil status in addition to marriage, which allows homosexual as well as heterosexual couples to enter into a legally recognized partnership for legal protection. The administrative act, like the marriage, is carried out at the registry / registration offices (registo civil).

In addition to the legal protection, such as illness or inheritance of the partner, children who are jointly or who are brought with them (stepchildren) are also included in this protection. The dissolution of this community takes place, with mutual consent, also at the registry / registration office, where contracts for pensions, alimony payments and the legal guardianship of children must be signed. In the event of unilateral cancellation, a civil judge must be involved. The law of adoption is not affected by this law.

history

Same-sex couples were not recognized by the state until October 2015. A bill was announced as early as 2004, but it was only intended for homosexual partners. In the course of this political debate in Chile, judge Karen Atala, who is the mother of three children, was stripped of her custody by Chilean courts. Karen Atala wanted to raise their children together with her partner, which her divorced husband had sued. Karen Atala is currently suing the Inter-American Commission for Human Rights in Washington, DC In 2011, the Chilean parliament once again debated the state recognition of same-sex couples. A draft law by the Sebastián Piñera government to establish a civil partnership was introduced to parliament in August 2011; the bill was not adopted until the end of the legislative period in November 2013. After the presidential elections in Chile in 2013 , as a result of the change of government on January 9, 2014, the Senate of Chile voted for the introduction of a civil partnership institute. In January 2015, 86 MPs in the Chilean lower house voted for the introduction of a civil partnership institute, 23 voted against, and two delegates abstained. In January 2015, the Senate of Chile also approved the introduction of a civil partnership institute.

Same-sex marriage

On 16 January 2020, endorsed the Senate the same-sex marriage .

Social situation

Pride parade in Santiago de Chile , 2009

Compared to the South American states of Brazil or Argentina , the LGBT community in Chile is rather small. It is mainly found in the Chilean capital Santiago and in the port city of Valparaíso . LGBT organizations such as Movimiento de Integración y Liberación Homosexual (MOVILH) and Movimiento Unificado de Minorías Sexuales (MUMS) support the rights of homosexual people in Chile.

Case of Daniel Zamudio

In 2012 in Santiago de Chile , salesman Daniel Zamudio Vera, born in 1987, was murdered by four neo-Nazis because of his homosexuality. His case attracted great horror and attention throughout Chile and Latin America. The funeral of Daniel in Chile was tantamount to a state act, the perpetrators were convicted with great sympathy from the population. A foundation set up in 2013 called Fundacion Daniel Zamudio is committed to remembering victims of violence as a counseling center for parents of homosexual children.