National

In December 1998, the age of consent for consensual sex between same-sex couples was 18 years under Article 365 of the Penal Code, higher than for heterosexual couples [R1.1].

Courts & Tribunals

On 04 January 2011, the Constitutional Court upheld the constitutionality of Article 365 of the Penal Code which sets 18 years as the age of consent for sexual relations between (male) persons of the same sex, while for heterosexuals it is 14 years. However, there was agreement that the homophobic rule is only applicable to gay relationships and not to the lesbian, something that until now was never clear [R2.1].

Courts & Tribunals

On 24 February 2012, the Inter-American Court of Human Rights found that the Chilean Supreme Court's ruling ordering removal of Karen Atala's three daughters in 2004 believing her sexual orientation put their development 'at risk', violated the right to equality and non-discrimination as stipulated in the American Convention on Human Rights [C1.4], [R1.3].

On 24 August 2011, the Inter-American Court of Human Rights heard the case of Karen Atala Riffo in Bagotá, Colombia. A decision on Atala's case will be issued, with which the government of Chile has agreed to abide [R1.2].

Previously:

In April 2010, the Inter-American Commission on Human Rights (IACHR) rebuked Chile's Supreme Court for a 2004 ruling in which a woman lost custody of her children to her estranged husband because she was living with her lesbian partner [R1.1].

National

On 20 November 2012, government spokesperson Cecilia Perez announced President Sebastian Piñera will take all necessary steps to pass a new agreement on family life – Acuerdo de Vida en Pareja (AVP) – bill, granting equal rights to gay couples before the end of his presidential term in March 2014 [R1.7].

On 09 August 2011, President Sebastian Piñera, signed a proposal to recognize gay civil unions, granting them some of the same rights as married couples including access to inheritance and other social benefits, and sent it to Congress [R1.6].

On 11 July 2011, the government was reportedly considering presently legislation to Congress that would recognize same-sex civil unions and extend rights to couples who have lived together for more than one year [R1.5].

On 28 May 2011, President Sebastian Piñera was reported to have announced he'll send Congress a bill legalizing civil unions for gay and lesbian couples [R1.4].

On 15 June 2010, Senator Andres Allamand announced he would introduce a package of laws called Acuerdo de Vida en Comun (AVC) that would if passed recognize gay couples with civil unions. The Senate is expected to vote on a gay marriage bill in July [R1.3].

Previously:

In 2006, civil union legislation was presented to the national Congress but stalled despite President Michelle Bachelet's public support, due to the opposition of the Catholic Church and several conservative politicians [R1.2].

In June 2003, a Bill that would allow same-sex couples who have lived together for at least two years to legalize their union through a civil contract granting them rights to pensions and inheritances was sent to the Congress [R1.1].

The proposed law would not permit same-sex marriages or the adoption of children. It would allow couples to split on the grounds of family violence or mutual agreement [R1.1].

National

On 12 July 2012, President Sebastian Pinera signed anti-discrimination legislation into law. The Ley Antidiscriminación, also called Ley Zamudio, imposes penalties for acts of discrimination by race, ethnicity, nationality, disability, economic status, religion, or sexual orientation. Individuals may file anti-discrimination lawsuits and a judge must issue a ruling within 90 days. Penalties range from $370 to $3,660, but may be increased in the case of injury. The law also provides for criminal sanctions against violent crimes and requires the State to develop public policies to end discrimination [R1.5].

On 09 May 2012, Congress passed an anti-discrimnation law 25–3, enabling people to file anti-discrimination lawsuits and adds hate-crime sentences for violent crimes [R1.4].

On 04 April 2012, the House of Deputies approved 58–56 a law making unlawful "any distinction, exclusion or restriction that lacks reasonable justification, committed by agents of the state or individuals, and that causes the deprivation, disturbance or threatens the legitimate exercise of fundamental rights" [R1.3].

Previously:

On 08 November 2011, in a 28–2 vote, the Senate approved legislation that seeks to end discrimination against minority groups. The law now has to be passed by the Chamber of Deputies [R1.2].

The Senate decided that the categories to be protected were, "race or ethnicity, nationality, socioeconomic status, language, ideology or political opinion, religion or belief, the association or participation in trade associations or lack thereof, gender, sexual orientation, marital status, age, affiliation, personal appearance and illness or disability" [R1.2].

On 08 November 2011, the Senate is expected to consider an anti-discrimination law that would, if passed, forbid any discrimination based on race, age, sex, gender, religion, belief, political or other opinion, birth, national origin, cultural or socioeconomic standing, language, marital status, sexual orientation, illness, disability, genetic structure or any other status. The legislation apparently omits "gender identity" [R1.1].

Courts & Tribunals

On 08 December 2012, in the first ruling under a new anti-discrimination law, a Chilean judge ordered a motel to pay a $4000 (£2500) fine to a lesbian couple for refusing them entry, and ordered that it can't refuse entry in future [R2.1].

National

On 24 May 2012, Health Minister Jaime Manalich reportedly said Chile will soon cover sex change surgeries under its public health plan in order to allow citizens of limited means to “recover their true sexual identity”.

National

On 12 July 2012, President Sebastian Pinera signed anti-discrimination legislation into law. The Ley Antidiscriminación, also called Ley Zamudio, provides for criminal sanctions against violent crimes [R1.2].

On 09 May 2012, Congress passed a hate-crimes law 25–3, enabling people to file anti-discrimination lawsuits and adds hate-crime sentences for violent crimes [R1.1].

National

On 23 December 1998, the criminal law in Chile prohibiting consensual sex between same-sex couples was repealed [R1.3].

Previously:

In January 1997, the Chilean Senate's Constitution, Legislation, Justice and Regulation Committee voted to keep gay sex illegal [R1.2].

On 16 December 1996, the Chilean Senate Committee on Constitution, Legislation Justice, and Rules passed a resolution recommending that the full Senate not consider legislation decriminalizing sodomy [R1.1].

National

On 11 August 2011, two days after President Sebastian Pinera sent to Congress a bill that would grant gay and lesbian couples many of the rights and benefits of marriage, members of the Independent Democrat Union (Union Democrata Independiente) announced the introduction of a constitutional amendment that seeks to define marriage as the union of a man and a woman [R1.2].

In August 2010, the president of the Socialist party, Senator Fulvio Rossi announced that he would present a same-sex marriage bill for the nation [R1.1].

Courts & Tribunals

On 04 April 2012, the Third Chamber of the Supreme Court ruled against an application for protection in favor of equal marriage filed by three gay couples (Cesar Peralta and Hans Arias, Canadian Stephane Abran and Chilean Jorge Monardes and Victor Arce and Miguel Lillo) [R2.5].

On 03 November 2011, the opinion of the Constitutional Court issued, rejecting the petition by two homosexual couples to register their marriages in Argentina and Canada with the Chilean Civil Registry and ruling marriage “ is reserved for heterosexual couples and not those of the same sex” [C 2.4], [R2.3].

On 30 October 2011, in a judgment expected shortly, the Constitutional Court reportedly ruled 9–1 against legalization of same-sex marriage, 4 of the 10 judges wanting Congress to lisgislate on the issue [R2.2].

In January 2011, the Constitutional Court was to consider a protection demand from MOVILH, the Homosexual Integration and Liberation Movement, and three same-sex couples who want the nation's opposite-sex definition of marriage struck down on constitutional grounds [R2.1].

National

On 09 October 2012, Chile's armed forces announced a plan to create the Chief of Staff Commission for the handling and prevention of discrimination to insure strict compliance of the anti-discrimination law [R1.1].

National

In 2003, adoption of children by same-sex couples was not lawful in Chile [R1.1].