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Argentina

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: Rape of men and women, including spousal rape, is a crime. The penalties range from six months’ to 20 years’ imprisonment. There were anecdotal reports of police or judicial reluctance to act on rape cases; women’s rights advocates claimed that the attitudes of police, hospitals, and courts toward survivors of sexual violence sometimes victimized them again.

The law prohibits domestic violence, including spousal abuse. Survivors may secure protective measures. The law imposes stricter penalties on those who kill their spouses, partners, or children as a consequence of their gender. According to local NGOs, lack of police and judicial vigilance often led to a lack of protection for victims.

On October 17, a criminal court in Entre Rios Province sentenced Sebastian Wagner to life imprisonment for the April 2017 kidnapping, rape, and killing of Micaela Garcia. Nestor Pavon, Wagner’s former employer, was sentenced to five years’ imprisonment for serving as a material accessory to the crime. Wagner, who confessed to Garcia’s killing, was previously convicted and sentenced to nine years’ imprisonment on two counts of sexual abuse and rape but was released on parole in 2016. The judge who approved Wagner’s parole release, who had been under investigation and faced calls to resign, was cleared of charges of judicial impropriety on July 30 and reinstated.

The National Register of Femicides, maintained by the Supreme Court’s Women’s Office, recorded that 251 women died as a result of domestic or gender-based violence during 2017. A local NGO reported 101 femicides from January to May 31. The same source reported 18 percent of these victims had filed a police report and that 10 percent had active protection orders from authorities.

The Supreme Court’s Office of Domestic Violence provided around-the-clock protection and resources to victims of domestic violence. The office received approximately 3,400 cases of domestic violence in the city of Buenos Aires during the first three months of the year, an estimated 76 percent of which involved violence against women. The office also carried out risk assessments necessary to obtain a restraining order.

Public and private institutions offered prevention programs and provided support and treatment for abused women. Nine shelters were fully operational during the year, with one other shelter under construction. More than 2,800 officials and service providers received training in preventing gender-based violence.

On July 4, the National Congress passed legislation to provide financial reparations to children nationwide whose mothers were victims of femicide. The law came into effect on October 1, and children up to 21 years of age are eligible to apply for the financial benefit, which totaled approximately 11,400 pesos ($300) monthly. The city of Buenos Aires passed an equivalent law in August 2017 and launched the reparations program in January.

Sexual Harassment: The law prohibits sexual harassment in the public sector and imposes disciplinary or corrective measures. In some jurisdictions, such as the city of Buenos Aires, sexual harassment might lead to the abuser’s dismissal, whereas in others, such as Santa Fe Province, the maximum penalty is five days in prison. In September 2017 a poll by the city of Buenos Aires ombudsman’s office reported that 80 percent of women suffered from harassment or violence in the street at least once during the year and that 97 percent of these abuses were not reported to authorities. Under a 2016 law against street harassment in the city of Buenos Aires, violators may be fined or given court-ordered public service for making catcalls and other forms of street harassment.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Although women enjoyed the same legal status and rights as men, they continued to face economic discrimination and held a disproportionately high number of lower-paying jobs. Women also held significantly fewer executive positions in the private sector than men, according to several studies. Although equal payment for equal work is constitutionally mandated, women earned approximately 27 percent less than men earned for similar or equal work.

The Supreme Court’s Office of Women trained judges, secretaries, and clerks to handle court cases related to gender issues and to ensure equal access for women to positions in the court system. The office also trained judges, prosecutors, judicial staff, and law enforcement agents to increase awareness of gender-related crimes and develop techniques to address gender-related cases and victims.

Children

Birth Registration: The government provides universal birth registration, and citizenship is derived both by birth within the country’s territory and from one’s parents. Parents have 40 days to register births, and the state has an additional 20 days to do so. The Ministry of Interior and Transportation may issue birth certificates to children under the age of 12 whose births were not previously registered.

Child Abuse: Child abuse was common; the Supreme Court’s Office of Domestic Violence reported that 30 percent of the complaints it received involved children as of the first trimester of the year. The government launched a 24/7 hotline staffed by professional child psychologists for free consultations and advice; 81 percent of the complaints involved abuse by a father or stepfather.

Early and Forced Marriage: The legal minimum age of marriage for men and women is 18.

Sexual Exploitation of Children: Sexual exploitation of children, including in prostitution, was a problem. The minimum age of consensual sex is 13, but there are heightened protections for persons ages 13 to 16. A statutory rape law provides for penalties ranging from six months to 20 years in prison, depending on the age of the victim and other factors.

On March 21, a young player with the soccer club Independiente FC revealed to his psychologist that he and 20 other trainees in the soccer minor league were victims of a prostitution ring. On April 2, a civil society organization filed a judicial complaint against River Plate FC for child sex abuse in the club from 2008 to 2011. Seven individuals were detained in relation to the two investigations. Both cases were ongoing at year’s end.

On September 6, police raided the headquarters of the Antonio Provolo Institute for the hearing impaired in the city of La Plata after seven victims accused three clergymen of sexually abusing up to 28 deaf children from 1982 to 2002. The case remained ongoing at year’s end.

The law prohibits the production and distribution of child pornography, with penalties ranging from six months to four years in prison. While the law does not prohibit the possession of child pornography by individuals for personal use, it provides penalties ranging from four months to two years in prison for possession of child pornography with the intent to distribute it. The law also provides penalties ranging from one month to three years in prison for facilitating access to pornographic shows or materials for minors under the age of 14.

During the year prosecutors from the nationwide Point of Contact Network against Child Pornography on the Internet pursued cases of internet child pornography. The network reported improvements on the national level in the ability to punish offenders.

On June 20, local authorities and Interpol dismantled an international network of child pornography that produced and distributed illicit material from the country to other countries in Latin America. Four arrests were made during the operation, and investigations were ongoing at year’s end.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

The Jewish community consisted of approximately 250,000 persons. Sporadic acts of anti-Semitic discrimination and vandalism continued. According to the most recent statistics available, the Delegation of Argentine Jewish Associations received 404 complaints of anti-Semitism in 2017, compared with 351 in 2016, with more than 88 percent occurring online. The most commonly reported anti-Semitic incidents were slurs posted on various websites, graffiti, verbal slurs, and the desecration of Jewish cemeteries.

On September 27, President Macri in his address to the UN General Assembly called on all countries to respect the Interpol Red Notices on five Iranians, one Lebanese, and one Colombian suspected in the 1994 bombing of the Argentina Israelite Mutual Association (AMIA) community center in Buenos Aires that killed 85 persons. He also requested improved judicial and investigatory cooperation from Iran.

On March 6, a federal court ruled that former president Cristina Fernandez de Kirchner and 11 other officials in her administration, including former foreign minister Hector Timmerman, should face trial for complicity and false testimony to cover up the 1994 AMIA bombing.

On June 1, a federal court ruled that the 2015 death of Alberto Nisman, the special prosecutor in charge of the AMIA bombing investigation, was a homicide and a direct consequence of his work. The federal judge named former Nisman employee Diego Lagomarsino as a suspect in the murder.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The constitution and laws prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities. The law also mandates access to buildings by persons with disabilities. According to media reports, the ombudsman of the city of Buenos Aires reported that only 33 percent of the metropolitan subway stations had elevators or escalators and that only 29 percent of the stations were equipped with bathrooms for persons with disabilities.

While the federal government has protective laws, many provinces had not adopted such laws and had no mechanisms to ensure enforcement. An employment quota law reserves 4 percent of federal government jobs for persons with disabilities, but NGOs and advocacy groups claimed the level of disability employment achieved during the year was less than 1 percent.

Congress proposed and passed a budget cut to the National Disability Agency, which provides a range of services and subsidies for disabled persons.

Indigenous People

The constitution recognizes the ethnic and cultural identities of indigenous peoples and states that congress shall protect their right to bilingual education, recognize their communities and the communal ownership of their ancestral lands, and allow for their participation in the management of their natural resources.

The lack of trained teachers hampered government efforts to offer bilingual education opportunities to indigenous peoples.

Indigenous people were not fully consulted in the management of their lands or natural resources, particularly lithium mining, in part because responsibility for implementing the law is delegated to the 23 provinces, the constitutions of only 11 of which recognize indigenous rights.

Projects carried out by the agricultural and extractive industries displaced individuals, limited their access to traditional means of livelihood, reduced the area of lands on which they depended, and caused pollution that in some cases endangered the health and welfare of indigenous communities. Conflict occurred when authorities evicted indigenous peoples from ancestral lands then in private ownership.

On July 16 and 17, indigenous Mapuche activists occupied an inactive hotel, staged a sit-in at a government office, and blocked a major roadway in the city of Bariloche. Protesters advocated for the release of Facundo Jones Huala, founder of the militant Mapuche Ancestral Resistance. On August 24, the Supreme Court approved the extradition of Jones Huala to Chile, where he faced terrorism charges.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons generally enjoyed the same legal rights and protections as heterosexual persons. No laws criminalize consensual same-sex conduct between adults. LGBTI persons could serve openly in the military.

The law gives transgender persons the right legally to update their name and gender marker on identity documents to reflect their gender identity without prior approval from a doctor or judge.

National antidiscrimination laws do not specifically include the terms “sexual orientation or gender identity” as protected grounds, only “sex.” There was no official discrimination, however, based on sexual orientation or gender identity in employment, housing, statelessness, or access to education or health care. Media and NGOs reported cases of discrimination, violence, and police brutality toward LGBTI individuals, especially transgender persons.

On May 18, the National Observatory of Hate Crimes registered 103 official complaints of discriminatory or violent acts against LGBTI individuals in 2017, the most recent year for which data was available, compared with only 31 complaints in 2016. These complaints included 13 hate-crime-related homicides. The transgender population made up 58 percent of reported cases and 90 percent of reported homicides of LGBTI persons.

On June 18, a criminal court sentenced Gabriel David Marino to life imprisonment for the killing of influential LGBTI activist Diana Sacayan in 2015. The ruling was the first to apply aggravated penalties for a hate crime based on gender identity. Sacayan’s case remained open, as a second unknown assailant, believed by law enforcement to have acted as an accomplice, was still at large.

Brazil

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape. The Maria da Penha Law criminalizes physical, psychological, and sexual violence against women, as well as defamation and damage to property or finances by someone with whom the victim has a marriage, family, or intimate relationship. Persons convicted of killing a woman or girl in cases of domestic violence may be sentenced to 12 to 30 years in prison.

In July Parana state officials accused Luis Felipe Manvailer of killing his wife, Tatiane Spitzner. Security camera footage showed Manvailer hitting and choking his wife and dragging her body into an elevator of their apartment building. As of November 30, he was in detention and awaiting trial.

The federal government maintained a toll-free nationwide hotline for women to report instances of intimate partner violence. Hotline operators have the authority to mobilize military police units to respond to such reports and follow up regarding the status of the case.

Each state secretariat for public security operated police stations dedicated exclusively to addressing crimes against women. State and local governments also operated reference centers and temporary women’s shelters, and many states maintained domestic violence hotlines. Despite these protections, allegations of domestic violence were not always treated as credible by police; a study in the state of Rio Grande do Sul found 40 percent of femicide victims had previously sought police protection.

On October 4, Claudecir Kuster dos Soares shot his ex-wife Celia Oliveira on a public bus in Lages, in the state of Santa Catarina. Soares then shot himself. Both were taken to a hospital for emergency surgery and were expected to recover. Oliveira had a restraining order against Soares and had reported receiving a death threat from him in September. As of November 30, Soares was in police custody.

The law requires health facilities to contact police regarding cases in which a woman was harmed physically, sexually, or psychologically and to collect evidence and statements should the victim decide to prosecute.

Sexual Harassment: Sexual harassment is a criminal offense, punishable by up to two years in prison. NGOs reported sexual harassment was a serious concern, and perpetrators were frequently not held accountable.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The law provides for the same legal status and rights for women as for men in all circumstances. The government did not enforce the law effectively. According to the recruitment agency Catho, women received 62 percent of the amount men received for equal work as of March.

Children

Birth Registration: Citizenship is derived from birth in the country or from birth to a Brazilian citizen parent. The National Council of Justice, in partnership with the Secretariat of Human Rights, acted to reduce the number of children without birth certificates by registering children born in maternity wards.

Child Abuse: The law prohibits child abuse and negligence. Abuse and neglect of children and adolescents were problems. Child pornography carries a prison sentence of up to eight years and a fine.

Early and Forced Marriage: The legal minimum age of marriage is 18 (16 with parental or legal representative consent). According to 2017 data from UNICEF, 11 percent of women ages 20-24 were married by age 15, and 36 percent of women ages 20-24 were married by age 18.

Sexual Exploitation of Children: Sexual exploitation of children, adolescents, and other vulnerable persons is punishable by four to 10 years in prison. The law defines sexual exploitation as child sex trafficking, sexual activity, production of child pornography, and public or private sex shows. The government enforced the law unevenly. The law sets a minimum age of 14 for consensual sex, with the penalty for statutory rape ranging from eight to 15 years in prison.

In August police arrested former civil police officer Alzemar da Conceicao dos Anjos for running a child sex ring in the Rio de Janeiro metropolitan area. A joint telephone wiretap investigation by the Public Ministry and civil police revealed that dos Anjos notified staff about the arrival of police and instructed that girls younger than age 18 be removed from the home where they were kept.

While no specific laws address child sex tourism, it is punishable under other criminal offenses. The country was a destination for child sex tourism. In addition girls from other South American nations were exploited in commercial sex in the country.

The law criminalizes child pornography. The penalty for possession of child pornography is up to four years in prison and a fine.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abductiontravel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

According to the Jewish Federation, there were approximately 120,000 Jewish citizens, of whom approximately 50,000 were in the state of Sao Paulo and 30,000 in Rio de Janeiro State.

Several leaders of the Jewish and interfaith communities stated overt anti-Semitism was limited. Small neo-Nazi groups existed in the southern states of Rio Grande do Sul, Santa Catarina, and Parana.

In September the Israeli Federation of Rio de Janeiro reported that in Zona Sul, in the city of Rio de Janeiro, individuals spray-painted a swastika on a wall of a residence decorated with a mezuzah. Police were investigating the incident.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law prohibits discrimination against persons with physical and mental disabilities, and the federal government generally enforced these provisions. While federal and state laws mandate access to buildings for persons with disabilities, states did not enforce them effectively.

The Inclusion of Persons with Disabilities Act, a legal framework on the rights of persons with disabilities, seeks to promote greater accessibility through expanded federal oversight of the City Statute (a law intended to foster the safety and well-being of urban citizens, among other objectives). The act also includes harsher criminal penalties for conviction of discrimination based on disability and inclusive health services with provision of services near residences and rural areas.

The National Council for the Rights of Persons with Disabilities and the National Council for the Rights of the Elderly have primary responsibility for promoting the rights of persons with disabilities. The lack of accessible infrastructure and schools significantly limited the ability of persons with disabilities to participate in the workforce.

Civil society organizations acknowledged monitoring and enforcement of disability policies remained weak and criticized a lack of accessibility to public transportation, weak application of employment quotas, and a limited medical-based definition of disability that often excludes learning disabilities.

National/Racial/Ethnic Minorities

The law prohibits racial discrimination, specifically the denial of public or private facilities, employment, or housing to anyone based on race. The law also prohibits the incitement of racial discrimination or prejudice and the dissemination of racially offensive symbols and epithets, and it stipulates prison terms for such acts.

Approximately 52 percent of the population identified themselves as belonging to categories other than white. Despite this high representation within the general population, darker-skinned citizens, particularly Afro-Brazilians, encountered discrimination. Afro-Brazilians were underrepresented in the government, professional positions, and middle and upper classes. They experienced a higher rate of unemployment and earned average wages below those of whites in similar positions. There was also a sizeable education gap. Afro-Brazilians were disproportionately affected by crime.

The 2010 Racial Equality Statute continued to be controversial, due to its provision for nonquota affirmative action policies in education and employment. In 2012 the Supreme Court upheld the constitutionality of racial quota systems at universities. The 2010 law requires 20 percent of federal public administration positions be filled by Afro-Brazilians.

The Ministry of Planning requires government ministries to create internal committees to validate the self-declared ethnicity claims of public-service job applicants by using phenotypic criteria, assessing “blackness” in an attempt to reduce abuse of affirmative action policy and related laws. Universities also had race evaluation committees.

In April the Supreme Court ruled that 20 percent of vacancies for the military services must be filled by Afro-Brazilians, either men or women.

Indigenous People

According to data from the National Indigenous Foundation (FUNAI) and the 2010 census, there were approximately 897,000 indigenous persons, representing 305 distinct indigenous ethnic groups that spoke 274 distinct languages. The law grants the indigenous population broad protection of their cultural patrimony, exclusive use of their traditional lands, and exclusive beneficial use of their territory.

According to the constitution, all aboveground and underground minerals as well as hydroelectric power potential belong to the government. Congress must consult with the tribes involved when considering requests to exploit mineral and water resources, including ones with energy potential, on indigenous lands. Human rights groups expressed concerns that most of the requirements for indigenous consultation were not met.

Illegal logging, drug trafficking, and mining, as well as changes in the environment caused by large infrastructure projects, forced indigenous tribes to move to new areas or make their demarcated indigenous territories smaller than established by law. In some areas of Maranhao State, there were nightly curfews that applied only to indigenous persons.

According to FUNAI, the federal government established rules for providing financial compensation following the occupation in good faith of indigenous areas, as in the cases of companies that won development contracts affecting indigenous lands. Various indigenous groups protested the slow pace of land demarcations. In a case that lasted more than 30 years, during the year a court ordered the return of 20,000 acres of land to the Pankararu indigenous community in the municipalities of Tacaratu, Petrolandia, and Jatoba in the state of Pernambuco.

On August 11, indigenous leader Jorge Guajajara was killed in Maranhao. Police were investigating the case.

The Quilombola population–descendants of escaped African slaves–was estimated to include 6,000 communities and approximately five million individuals, although the government had no official statistics. The constitution recognizes Quilombola land ownership rights. In February the Supreme Court rejected the president’s attempt to apply “marco temporal” to Quilombola land claims, which would have prevented claims to lands the Quilombolas did not physically occupy in 1988, when the constitution was promulgated. In March the governor of Para State concluded a 23-year land dispute by signing over titles for more than 543,000 acres of Amazon forest to the Quilombola community in Cachoeira Porteira.

Of the 70 land-conflict deaths recorded by the NGO Pastoral Land Commission in 2017, 11 victims were Quilombola leaders. In April Quilombola leader Nazildo dos Santos Brito was killed in Para State, following threats to his physical safety after protesting a palm oil plantation’s alleged illegal deforestation and pollution practices.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

Federal law does not explicitly prohibit discrimination based on sexual orientation, gender identity or expression, or sex characteristics, but several states and municipalities have administrative regulations that prohibit such discrimination and provide for equal access to government services. The criminal code states offenses subject to criminal prosecution fall under federal statutes, leaving hate crimes subject to administrative, not criminal penalties. Sao Paulo was the only state to codify punishments for hate-motivated violence and speech against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals. In the state of Rio de Janeiro, the law penalizes commercial establishments that discriminate against individuals on the basis of their LGBTI status. In Brasilia the law penalizes both individuals and businesses for discrimination against LGBTI persons. In both Rio de Janeiro and Brasilia, sanctions vary from warnings and fines to the temporary suspension or termination of a business license.

Violence against LGBTI individuals was a serious concern. Through June there were 85 killings of LGBTI individuals. On April 5, five persons accused of the 2017 murder of a transgender woman, Dandara dos Santos, in Fortaleza, Ceara State, were convicted and sentenced to imprisonment ranging from 14 years and six months to 21 years.

HIV and AIDS Social Stigma

Discrimination against persons with HIV/AIDS is punishable by up to four years in prison and a fine. Civil society organizations and the press reported discrimination against persons with HIV/AIDS.

Other Societal Violence or Discrimination

In August and September, unknown perpetrators committed acts of arson, vandalism, and destruction of sacred objects against seven Afro-Brazilian temples or places of worship (terreiros) on the outskirts of Rio de Janeiro. The state secretary of human rights said the incidents were likely the work of an unidentified “religious militia.” There were eight similar incidents in the state of Sao Paulo in September. In another case an individual entered a terreiro during a meeting of practitioners and stabbed four persons, including one minor.

Chile

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape. Penalties for rape range from five to 15 years’ imprisonment, and the government generally enforced the law when violations were reported.

The law criminalizes both physical and psychological domestic violence and protects the privacy and safety of the victim making the charge of rape or domestic violence.

Family courts handle cases of domestic violence and penalize offenders with fines up to 720,000 pesos ($1,065). Additional sanctions include eviction of the offender from the residence shared with the survivor, restraining orders, confiscation of firearms, and court-ordered counseling. Cases of habitual psychological abuse and physical abuse cases in which there are physical injuries are prosecuted in the criminal justice system. Penalties are based on the gravity of injuries and range from 61 days’ to 15 years’ imprisonment. Murder in the context of domestic violence is defined as femicide in the criminal code, and penalties range from 15 years to life in prison. The government generally enforced the laws against domestic violence effectively.

As part of its 2014-18 national action plan against violence against women, the Ministry of Women and Gender Equality ran a victims’ assistance and protection program that operated psychological, legal, and social assistance centers and shelters throughout the country and maintained an emergency hotline.

Sexual Harassment: Sexual harassment is not a criminal offense, but it is classified as a misdemeanor, with penalties outlined exclusively in the labor code. By law sexual harassment in the workplace is cause for immediate dismissal from employment. The law requires employers to define internal procedures, or a company policy, for investigating sexual harassment, and employers may face fines and additional financial compensation to victims if it is shown the company policy on sexual harassment was not followed. The law provides protection to those affected by sexual harassment by employers and coworkers. The law provides severance pay to individuals who resign due to sexual harassment if they have completed at least one year with the employer.

At the local government level, the Municipality of Las Condes passed a municipal resolution allowing the placement of warning signs in 63 strategic locations, including bus stops and construction sites, aimed at reducing verbal harassment of women in public places. The municipal resolution also prescribes fines for this type of harassment, reaching up to 233,000 pesos ($345).

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Although women possess most of the same legal rights as men, the government did not enforce the law effectively, since discrimination in employment, pay, ownership and management of businesses, and education persisted. Certain laws defining the marital relationship enable discrimination. The default and most common marital arrangement is “conjugal society,” which provides that a husband has the right to administer joint property, including his wife’s property, without consultation or written permission from his spouse, but a wife must demonstrate that her husband has granted his permission before she is permitted to make financial arrangements. Legislation remained pending years after a 2007 agreement with the IACHR to modify the conjugal society law to give women and men equal rights and responsibilities in marriage. The commercial code provides that, unless a woman is married under the separate-estate regime or a joint-estate regime, she may not enter into a commercial partnership agreement without permission from her husband, while a man may enter into such an agreement without permission from his wife.

Despite a law providing for equal pay for equal work, the average woman’s annual income was 32 percent less than that of men, according to the Ministry of Women and Gender Equality. The ministry is in charge of protecting women’s legal rights and is specifically tasked with combatting discrimination against women.

Children

Birth Registration: Citizenship is derived by birth within the country’s territory and from one’s parents or grandparents. There were no reports that birth registration was denied on a discriminatory basis.

Child Abuse: There are laws against child abuse, but it remained a persistent problem. The law renders persons convicted of child sexual abuse permanently ineligible for any position, job, career, or profession in educational settings requiring direct and habitual contact with children under age 18. The law also includes a public registry of these sex offenders.

In June President Pinera convened a bipartisan National Agreement on Childhood Parliamentarians, ministers, and experts from civil society developed measures to promote child development, safeguard children’s rights, and ensure the physical protection and rehabilitation of child abuse victims. The measures also include mechanisms to put an end to the abuses that occurred in some SENAME centers and foster-care facilities.

Early and Forced Marriage: The legal minimum age of marriage is 18 (16 with parental consent).

Sexual Exploitation of Children: Commercial sexual exploitation of children and adolescents was a problem, and children were victims of sex trafficking with and without third-party involvement. The law prohibits all forms of human trafficking, prescribing penalties ranging from five years and one day to 15 years in prison, plus fines, for trafficking offenses. Nevertheless, internal child sex trafficking cases were often prosecuted under a different law, Article 367 of the penal code, which provides lesser penalties. Due to sentencing guidelines for first-time offenders or those sentenced to less than five years’ confinement, many convicted traffickers were given weak and inadequate sentences for the crime, which hampered efforts to deter and hold traffickers accountable.

Heterosexual sexual relations with minors between the ages of 14 and 18 may be considered statutory rape depending on the circumstances; sex with a child under age 14 is considered rape, regardless of consent or the victim’s gender. Penalties for statutory rape range from five to 20 years in prison. Child pornography is a crime. Penalties for producing child pornography range from 541 days to five years in prison.

Institutionalized Children: In June 2017 the second special congressional committee in five years investigated allegations of abuse at SENAME centers and issued a report that claimed widespread lack of oversight of its child protective programs at centers for orphans and children who had been removed from the care of their parents by the family courts. The report also found the service had long waiting lists for its programs, lack of training for its personnel, and “an [organizational] culture lacking in the protection of [children’s] rights.”

In July 2017 the INDH released the results of a yearlong study of 171 SENAME child-service centers. Among the 405 children interviewed, 195 reported negligent treatment by child-services workers; physical, mental, or psychological abuse; and sexual abuse or exploitation.

In July the UN Committee on the Rights of the Child released the final report containing the analysis by two experts following a January visit to SENAME centers. The visit was scheduled in response to a congressional inquiry filed before the Committee on the Rights of the Child following the 2016 death of Lisette Villa in a SENAME center.

According to local media, the report points out “serious negligence on the part of personnel responsible for the care of minors” as well as cases of “sexual abuse, torture, and cruel and inhuman treatment” in SENAME centers.

The new administration has implemented procedural changes to the SENAME, including the creation of an early warning system, working groups across a range of ministries with the Judiciary, and stricter requirements for foster families that would like to house children. As of July the government began the closure and replacement of the SENAME centers where deaths and abuse were reported, closing a center at Playa Ancha in late July and scheduling the closures of the Pudahuel and Galvarino centers.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

The Jewish community numbers approximately 18,000 persons. Jewish community leaders reported concern over the tone of social media postings they perceived as threatening. The commentary leaders found offensive primarily referenced frustration with Israeli government policies and did not specifically mention either Jewish individuals or Chilean Jews.

Several Jewish organizations expressed concern when in June the mayor of Valdivia announced the town would join the Boycott, Divestment, and Sanctions Movement. The measure prohibits the city from working with any business that benefits or is linked to Israel’s “occupation of Palestine” or “Israel’s apartheid policy that targets Palestinians.” The vote to adopt the boycott at the city level was taken unanimously by the local government after the initiative was personally introduced by the city’s mayor; central government authorities were exploring the constitutionality of the move.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, and the government mostly enforced these provisions. Persons with disabilities suffered forms of de facto discrimination. The law provides for universal and equal access to buildings, information, and communications. Most public buildings did not comply with legal accessibility mandates. The public transportation system, particularly outside Santiago, did not adequately provide accessibility for persons with disabilities. In recent years, however, TranSantiago, the main system of public transportation within Santiago, instituted changes to improve compliance with the law, including new ramp systems and elevators at certain metro stations as well as improved access to some buses. Nevertheless, many metro stations and most buses remained inaccessible to persons with physical disabilities.

The Ministry of Social Development’s National Service for the Disabled (SENADIS) reported that children with disabilities attended primary and secondary school but noted difficulties in ensuring equal access to schooling at private institutions. SENADIS also reported that persons with disabilities had fewer opportunities to continue their education beyond secondary school.

The government, along with SENADIS, worked to expand access to legal justice for persons with disabilities.

National/Racial/Ethnic Minorities

Equal treatment and nondiscrimination are explicitly protected in the constitution, and the labor code specifically prohibits discrimination. In its annual report, the INDH published survey results regarding racial discrimination, where 76 percent of those surveyed reported having witnessed discriminatory actions against immigrants, most of whom were from other Latin American countries or from the Caribbean, including Afro-descendants. There were reports of discrimination against racial minorities and immigrants in the public-health and education systems. The government implemented training programs for public officials on assisting immigrants and incorporated interpreters into offices, and provided information in languages other than Spanish, specifically Haitian Creole. The government implemented a plan for assistance to migrants in public services, Chile Receives You, with a special focus on improving access to public immigration services outside of the Santiago metropolitan region through increased infrastructure and staffing and training for public servants.

Indigenous People

Although the constitution does not specifically protect indigenous groups, indigenous people have the right to participate in decisions affecting their lands, cultures, and traditions, including the exploitation of energy, minerals, timber, or other natural resources on indigenous lands. In its annual report on human rights, the University of Diego Portales reported indigenous people encountered serious obstacles to exercising these civil and political rights, including regarding natural resource use in their territories and the right to nondiscrimination and equal access to justice. Indigenous persons experienced societal discrimination, including in employment; there were reports of incidents in which they were attacked and harassed. In its annual report, the INDH published racial discrimination survey results, where between 65 and 83 percent of citizens reported agreeing with a series of discriminatory statements regarding indigenous groups.

There were numerous reports of police abuse against Mapuche individuals and communities, including against children. The INDH brought petitions to protect the constitutional rights of Mapuche individuals, including children and adolescents, in cases of excessive use of force by security forces. Amnesty International’s annual report reiterated there were continuing reports of excessive use of force and arbitrary detention during police operations in Mapuche communities. In November 2017 the Supreme Court reopened the case of Alex Lemun, who was killed by a police officer in Ercilla in 2002. The case had been tried in the military justice system and closed without prosecution. As of November there were no further updates on the case.

Indigenous lands are demarcated, but some indigenous Mapuche communities demanded restitution of privately and publicly owned traditional lands.

The law recognizes nine indigenous groups in the country and creates an administrative structure to provide specialized programs and services to promote economic, social, and cultural development of these peoples.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law sets the age of consent at 18 for consensual same-sex sexual activity; heterosexual activity is permitted, under some circumstances, at age 14. Antidiscrimination laws exist and prohibit discrimination based on sexual orientation or gender identity in housing, employment, and access to government services. In March the Movement for Homosexual Integration and Liberation (MOVILH), a leading gay rights NGO, reported it tracked 484 cases of discrimination due to sexual orientation or gender identity during 2017, a 69 percent increase over 2016, including an increase of 245 percent in hate speech incidents. The most common discriminatory acts reported to MOVILH were verbal abuse and discrimination in the workplace, such as difficulty obtaining promotions.

Violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals continued. On June 23, the night of Santiago’s Pride Parade, MOVILH reported that its founder, LGBTI activist Rolando Jimenez, was subjected to verbal and physical abuse and arbitrary arrest and detention for defending a same-sex couple being subjected to verbal discrimination, harassment, and physical abuse by Carabineros at a restaurant. One of the victims filmed the incident with a cell phone, but police confiscated the phone and did not return it. The couple and Jimenez were held for eight hours in Santiago Police Precinct Number One before being informed of the accusations against them and read their rights. The couple was released, while Jimenez was formally charged with attacking a police officer and making death threats, as well as with theft of the officer’s watch. MOVILH alleged the police accusations were false and that Jimenez was attacked because he had been a constant critic of alleged homophobic actions by Police Precinct Number One. On August 7, the INDH sued the police for arbitrary detention and cruel, inhuman, and degrading treatment. The case was pending at year’s end.

Law enforcement authorities appeared reluctant to use the full recourse of a 2012 antidiscrimination law, including charging assailants of LGBTI victims with a hate crime, which would elevate criminal penalties as permitted under the law.

In September, Congress passed the Gender Identity Law, which grants transgender Chileans starting at age 14 the ability to change gender markers on government-issued identity documents, including national identity cards and university diplomas, to reflect their gender identity.

HIV and AIDS Social Stigma

The law prohibits discrimination against persons based on their HIV status and provides that neither public nor private health institutions may deny access to health-care services based on a person’s serological status.

The majority of citizens with HIV and AIDS were men, and NGOs reported government-sponsored outreach campaigns were oriented to a male audience, particularly men who have sex with men.

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