Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
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 CLP 720,000 ($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.
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: Workplace sexual harassment is not a criminal offense, 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.
On May 3, a law modifying the criminal code to define sexual harassment in public spaces as a crime went into effect. The law defines any verbal or gesticular act of a sexual nature designed to intimidate or humiliate another person as harassment, and it includes audiovisual recordings of an individual’s genital area or private parts without consent. Depending on the severity of the crime, sentences can range from 61 days’ to five years’ imprisonment and fines up to 20 UTM (an indexed amount, updated monthly) (approximately $1,400 as of November).
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, and 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 Inter-American Commission on Human Rights 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.
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 younger than age 18. The law also includes a public registry of these sex offenders.
As part of the 2018 National Agreement on Childhood, the government opened the second Local Office for Children’s Affairs in the northern city of Iquique in the Tarapaca Region in March. The first office in the pilot program opened in the Florida municipality of greater Santiago in 2018, and 10 additional offices were tentatively planned across the country. The centers coordinated access to local services and benefits for children and adolescents and the activation and resolution of vulnerability alerts through the Childhood Alert System.
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. Children were also used in the production of pornography. 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, 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 that provide automatic parole for any sentence of less than five years’ confinement, many convicted traffickers were given weak and inadequate sentences, 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 younger than 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: Following the 2016 death of 11-year-old Lissette Villa in a group home run by the National Service for Minors (SENAME), a number of investigations uncovered systemic problems of abuse and neglect. In July, Deputy (member of congress) Rene Saffirio accused the Ministry of Justice of concealing an investigative report drafted by the Investigative Police in 2018 that surveyed administrative records of all 240 SENAME residential facilities nationwide in the areas of adoption, protective services, and juvenile justice. The survey found that 45 percent of the facilities did not comply with minimum SENAME standards, 73 percent lacked guidelines and preventive procedures on children’s suicides, 77 percent did not have guidelines to deal with behavioral incidents, and 72 percent lacked procedures in case of children’s deaths. Of the centers, 58 percent, including all of those administered directly by SENAME, reported incidents of physical, psychological, or sexual abuse by staff members responsible for the children’s care. The National Prosecutor’s Office claimed it was validating the study’s methodology before forwarding it to the Minister of Justice. The National Advocate for Children’s Rights announced that it sent a copy of the study to the UN Committee on the Rights of the Child on July 4.
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/reported-cases.html.
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.
During widespread social unrest in October and November, the Jewish cemetery in Santiago and Jewish-owned businesses in Concepcion were vandalized with anti-Semitic graffiti, and vandals threw Molotov cocktails at the main synagogue in Concepcion.
In December 2018 the Jewish Community of Chile successfully sued to block a municipal law in Valdivia that would have associated the city with the “Boycott, Divestment, and Sanctions (BDS)” movement. The court ruled municipalities do not have the legal authority to conduct foreign relations and that all public tenders must be guaranteed “equal and nondiscriminatory treatment” under the law.
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
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, the Metropolitan Mobility Network, 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 mainstream public 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. According to a 2016 study by SENADIS, persons with disabilities on average had less formal education, lower workforce participation and employment rates, and lower average salaries than the general population. Persons considered to have severe disabilities were especially likely to be excluded from the workforce.
Equal treatment and nondiscrimination are explicitly protected in the constitution, and the labor code specifically prohibits discrimination. In its 2017 annual report, the INDH published survey results regarding racial discrimination, in which 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, incorporated interpreters into offices, and provided information in languages other than Spanish, specifically Haitian Creole. Several municipal governments implemented plans for assistance to migrants in public services.
Although the constitution does not specifically protect indigenous groups, indigenous peoples 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 peoples encountered serious obstacles to exercising these civil and political rights, including the right to use natural resources in their territories, to political participation, and 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 2017 annual report, the INDH published racial discrimination survey results, in which 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 2018 Carabineros forces shot and killed Camilo Catrillanca, a Mapuche community leader in Temucuicui in the southern Araucania Region, causing widespread protests. Four officers were arrested, and two senior officials resigned, when it was revealed the Carabineros had lied in their initial reports of the incident and destroyed video evidence showing the victim was unarmed and was shot in the back. A 15-year-old boy who witnessed the shooting was arrested and allegedly beaten in custody; his arrest was later declared illegal. The trial of eight persons (seven Carabineros officers and one civilian employee) accused of criminal charges including homicide, attempted homicide, and obstruction of justice in the case was scheduled to begin in November.
Indigenous lands are demarcated, but some indigenous Mapuche and Rapa Nui 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.
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. The government generally enforced these labor laws effectively. In March the Movement for Homosexual Integration and Liberation (MOVILH), a leading gay rights NGO, reported it tracked 698 cases of discrimination due to sexual orientation or gender identity during 2018, the highest number in the history of their annual report and a 44 percent increase over 2017, including an increase of 217 percent in discrimination against transgender individuals. The most common discriminatory acts reported to MOVILH were verbal abuse and discrimination in the public services, such as police operations, public education, and health services.
Violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals continued. In October police arrested Alberto Faundez on suspicion of theft. Upon discovering that he was gay, police allegedly physically assaulted him in the detention center, forced him to strip naked in front of other prisoners, and subjected him to homophobic insults. MOVILH and the INDH filed legal actions protesting the treatment.
The case continued against police for arbitrary detention and cruel, inhuman, and degrading treatment in a 2018 incident. In June 2018, on the night of Santiago’s Pride Parade, MOVILH reported that its founder, LGBTI activist Rolando Jimenez, was subjected to verbal and physical abuse and arbitrarily arrested for defending a same-sex couple being subjected to verbal discrimination, harassment, and physical abuse by Carabineros. Jimenez was charged with attacking a police officer and making death threats, as well as with theft of the officer’s watch. MOVILH alleged the accusations were false and that Jimenez was attacked because he had been a constant critic of alleged homophobic actions by Police Precinct Number One. In August, Jimenez publicly reconciled with Carabineros General Director Mario Rozas, who apologized for the incident and promised an internal investigation.
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.
On August 29, after formal review by the comptroller general, the Official Register published implementing regulations for the Gender Identity Law enacted in 2018. The law grants transgender citizens, 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. The law was scheduled to go into effect on December 27. MOVILH estimated that a large portion of the increase in discrimination cases registered in 2018 came in response to the passage of this law.