A/HRC/58/60/Add.1
many individuals and groups and impede the possibility of all to take equal part in cultural
and public life.
1.
Sex and gender discrimination
36.
The harmful attitude of machismo continues to prevail in Chilean society. The Special
Rapporteur was informed about the fourth national plan on gender equality (2018–2030),
campaigns on the right to live without violence, training for the judiciary and civil servants
on a gender-sensitive approach, as well as non-sexism in education, which was recognized
as a State obligation by the Constitutional Tribunal during her visit. 7 She was also informed,
however, that discrimination against women by civil servants was still prevalent, and that
many men resisted attending training on gender equality and stereotypes. She notes that
stereotypes about the social roles of women have resulted in a gap in the representation of
women in many areas of society. Policies, published guides, and recommendations and
indicators adopted by ministries have not yet brought the intended results. Much still needs
to be done to dismantle machismo throughout society.
37.
The need to combat negative stereotypes regarding the roles of men and women is
included in the Convention on the Elimination of All Forms of Discrimination against
Women, which Chile ratified in 1989. These international obligations must be implemented
urgently across the country. Specific targets on gender equality and non-discrimination must
be integrated in the management plans of all public entities and national services in all
regions.
38.
The Ministry of Women and Gender Equality has included in its work lesbian and
transgender women, and, to the extent possible, persons with diverse or non-binary sexual
identities, who otherwise do not have their own representation. Lesbian, gay, bisexual,
transgender, intersex and queer persons must be fully recognized and protected against the
specific threats they face, such as the risks of human trafficking and forced prostitution in the
northern part of the country, as well as their general exclusion in education and access to
healthcare. The Law on Gender Identity (Law 21.120) recognizes the right to selfidentification, providing legal protection to lesbian, gay, bisexual, transgender, intersex and
queer persons across the country; however, their public visibility and their ability to
participate fully in cultural life without fear remains challenging.
39.
Lesbian, gay, bisexual, transgender, intersex and queer persons must benefit from
equal protection under the law. The Special Rapporteur was told that certain past violent
incidents against lesbian, gay, bisexual, transgender, intersex and queer persons had not been
investigated adequately or prosecuted. They should also be supported in their fight against
discrimination and in making their voices heard. Efforts by the community to memorialize
and raise awareness about the discrimination they face should contribute to healing and to
strengthening guarantees of nonrecurrence.
2.
Indigenous Peoples and Afro-Chileans
40.
For Indigenous Peoples and tribal Afro-Chileans, the right to participate in cultural
life is intertwined with their right to self-determination and includes the right to free, prior
and informed consent in matters relating to the natural and cultural resources that impact their
identity and cultural life. The Special Rapporteur notes with dismay that not all Indigenous
Peoples and tribal communities were included in the 1993 Indigenous Law (Law 19.253),
implying a non-recognition of the status and related rights of those who were left out. This
situation also weakens their collective claims to the lands that were divided during the
dictatorship. It was reported to the Special Rapporteur that, despite the Law, thousands of
hectares of land had been lost to private companies.
7
8
Article 12 of the Comprehensive Law on Violence against Women, referring to non-sexist education,
was recognized by the Constitutional Tribunal as being constitutional and compatible with the
preferential right of parents to educate and freedom of education (decision 15.276-2024, 8 April
2024).
GE.25-01340