The approval of this law opened a new chapter in the lives of many Chileans, giving them the same rights and recognition as their heterosexual compatriots.
Despite these achievements, the situation on the ground for local LGBT individuals may still differ from that of tourists. It also states that diagnoses of mental health status cannot be based on criteria biasedly related to sexual orientation or gender identity and gender expression. The Senate approved the bill that modifies and strengthens Law No.
20,609, which establishes measures against discrimination, adding as arbitrary discrimination any act, practice and/or medical, psychological, psychiatric treatment or of any other nature that aims to modify the sexual orientation or gender identity and expression of a person or a group of people.
Equal age of consent in Chile
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Equal age of consent in Chile is equal.
Current status
On August 26th 2022, the age of consent had been equalized to 14 years after the approval of in Chilean Senate and subsequent approval by the House of Deputies which abolished Article 365.
In response, advocacy groups have pumped up the volume on efforts to denounce violence. Some reputable organizations include the Movimiento de Integración y Liberación Homosexual (Movilh) and Fundación Iguales.
Despite the exciting progress, it is crucial to err on the side of caution and maintain an awareness of the potentially changing landscape of LGBT rights in Chile.
The LGBT Social Situation In Chile
The social situation for LGBT rights in Chile has seen significant developments in the last couple of decades.
By understanding the current landscape for LGBT rights in Chile and exercising caution and vigilance, you can ensure a memorable and safe experience.
Recent surveys in Chile indicate a moderate level of acceptance for LGBTQ+ rights in specific areas.
Survey results from 10 LGBTQ+ Equaldex users who lived in or visited Chile.
Perceived Safety*
Absence of verbal harassment
Absence of threats and violence
*Survey results represent personal perceptions of safety and may not be indicative of current actual conditions.
Equal Treatment
Treatment by general public
Treatment by law enforcement
Treatment by religious groups
Visibility & Representation
Representation in entertainment
Culture
Interest groups and clubs
Services
Support and social services
History
Right to change legal gender in Chile
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Right to change legal gender in Chile is legal, no restrictions.
Current status
Since 2019, the Law that Recognises and Protects the Right to Gender Identity (Law No.
21,120) allows transgender people over the age of 14 to legally change their name and gender on all official documents. Make a habit of checking in with relevant sources or authorities for the most recent news and advice before embarking on your journey. Staying vigilant and being aware of your surroundings is always recommended, as conditions can change rapidly, and information may become outdated.
Yet, Chile still faces high rates of LGBTQ+ discrimination and femicide.
“We are seeing a reversal of rights that cost decades of struggle,” the report warns.
The Movement for Homosexual Integration and Liberation (Movilh)’s 23rd Sexual and Gender Diversity Human Rights report noted that LGBTQ rights are regressing for the first time since Chile became a democracy in 1990.
As a tourist, it’s critical to educate yourself on local customs, respect the cultural environment, and be aware of the existing legal framework surrounding LGBT rights in Chile.
You can take steps to protect yourself and ensure a safe and enjoyable experience while exploring the dynamic landscape Chile has to offer.
This exciting progress includes the passing of a civil union law in 2015, granting same-sex couples some of the rights and benefits of marriage.
While the situation for local LGBT individuals continues to improve, tourists may still face some challenges and should exercise caution. Furthermore, civil unions between same-sex couples have been recognized since 2015.
Chile is a progressive South American country in terms of LGBT rights, with no censorship on the related content and legal provisions for changing one’s gender without the necessity of surgery.
This was a testament to the efforts of the nation’s LGBT community and advocacy groups tirelessly campaigning for equal rights. As we celebrate these accomplishments, let us remain excited for the possibilities that lie ahead and continue to work toward a world where everyone can live authentically and without fear.
Protect Yourself While Travelling In Gay Chile
Chile has made significant strides in recent years to ensure equal rights for its LGBT citizens.
Since 2012, Chile’s hate crime law has included sexual orientation and gender identity as aggravating circumstances, and since 2015, same-sex civil unions have been legally recognized. Article 4(c) of the law stipulates that it will not be a requirement to have undergone any type of intervention or appearance-modifying treatment. In 1974, Marcia Alejandra Torres became the first person in Chile to legally change her name and gender on the birth certificate after undergo sex reassignment surgery.
Legal, but requires surgery
On May 2 1974, Marcia Alejandra became the first person in Chile to have her gender legally changed after surgery the previous year, the first such recognition in Latin America.
These organizations play a crucial role in raising awareness, fighting for policy changes, and providing support. These organizations can offer valuable insights and support for both locals and tourists navigating the evolving social landscape of the country.
Keep in mind that although progress has been made, challenges still remain for the LGBT community in Chile, and conditions vary greatly depending on various factors.
However, it is important to remain cautious and well-informed, given that social attitudes may vary and the situation can change rapidly.
The Future For The Queer Community In Chile
Chile has made great strides in advancing LGBT rights in recent years. Despite no law regulating gender recognition, in practice Chile recognised such after surgery was performed.
Gender-affirming care in Chile
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Gender-affirming care in Chile is legal.
Legal recognition of non-binary gender in Chile
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Legal recognition of non-binary gender in Chile is recognized.
Current status
Non-binary gender "X" is recognized on all official documents, but court order is required.
A ruling of the Third Family Court of Santiago, issued on April 25, 2022, ordered the Civil Registry and Identification Service to register a 17-year-old adolescent with non-binary gender on the birth certificate, being the first judicial resolution of its kind in the country.
On May 25, 2022, the First Civil Court of Santiago issued a ruling recognizing an adult person as non-binary and ordering the Civil Registry to rectify the birth certificate.
On October 14, 2022, the Civil Registry officially issued to Shane Cienfuegos the first non-binary identity card with the marker "X" in the country.
Movilh calls out the executive and judicial branches of Chile’s government, emphasizing the government’s ban on use of public funds for gender-affirming treatments for minors, and the refusal to classify the murder of a trans woman as a femicide by the Oral Criminal Trial Court of San Antonio.