Gay rights in chile

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Second, research LGBT-friendly establishments and neighborhoods to ensure a welcoming environment and avoid potentially hostile situations.

Stay informed about any developments related to LGBT rights in Chile by following reputable national and international advocacy groups. A major milestone was the passage of the Gender Identity Law in 2018, which went into effect on December 27, 2019.

In response, advocacy groups have pumped up the volume on efforts to denounce violence. Discrimination based on sexual orientation and gender identity is prohibited in both employment and housing environments. 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.

Homosexuality is legal, and after a long battle, same-sex marriage was finally approved by parliament in 2021. Following the Cass Report in the United Kingdom, Chile established a parliamentary investigative commission in 2024 to analyze public policies regarding transgender children and adolescents. While there is no legal ban on medically unnecessary surgeries (IGM) on minors, in 2023, the Minister of Health published non-binding intersex-affirming guidance, including recommendations against IGM. 

Societal opinion of LGBTIQ people is primarily positive.

First, be discreet about your sexual orientation and gender identity in public places.

In May 2023, the first Chilean passport with a non-binary gender marker was granted to Valentino Victoria Liberona.

"I" option for intersex children is available on birth certificates.

Hate crime protections in Chile

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Hate crime protections in Chile is sexual orientation and gender identity.

Current status
Sexual orientation and gender identity
Article 12, paragraph 21 of the Penal Code, added in 2012 by Law 20.609, establishes that aggravating circumstances include "Committing the crime or participating in it motivated by the victim's ideology, political opinion, religion, or beliefs; the nation, race, ethnicity, or social group to which they belong; their sex, gender, sexual orientation, gender identity, age, affiliation, personal appearance, or illness or disability."

Since 2016, Article 150-A of the Penal Code has criminalized torture based on sexual orientation and gender identity.

Since 2020, Article 390 ter on the crime of femicide includes the murder of a woman for reasons of sexual orientation, gender identity, or gender expression as an aggravating circumstance.

LGBT housing discrimination in Chile

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Same-sex adoption in Chile

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Same-sex adoption in Chile is legal.

Current status
Since March 10, 2022, joint parenthood of same-sex couples is legal after the entry into force of Law 21,400 on Equal Marriage, which explicitly guarantees non-discrimination based on sexual orientation and gender identity for custody purposes, filiation and adoption whether or not the couples are married or whether or not they had their children through assisted human fertilization In addition, the motherhood of transgender women and the fatherhood of transgender men are recognized on the birth certificates of their children.

Intersex infant surgery in Chile

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Intersex infant surgery in Chile is full ban.

Blood donations by MSMs in Chile

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Conversion therapy in Chile

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Conversion therapy in Chile is banned.

Current status
Since 2021, Law on the recognition and protection of the rights of people in mental health care (Law 21.331) (2021) prohibits mental health professionals from diagnosing patients based on their sexual identity or orientation.

There have also been positive judicial developments in recent years, including a landmark decision of a family court in 2020 recognizing two women as the parents of a child born through assisted reproduction. “If the State does not act urgently, we run the risk of discrimination and violence becoming institutionalized.”

These organizations play a crucial role in raising awareness, fighting for policy changes, and providing support.

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. 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.

In 2019, a comprehensive legal gender recognition law based on self-determination was passed, and a third sex option has been available for intersex children on birth certificates since 2006. As always, stay vigilant, informed, and safe to ensure a positive experience while exploring Chile’s captivating culture.

Trans Rights In Chile

Chile has made significant progress in recent years concerning transgender rights.

gay rights in chile

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.

Moreover, it is crucial to remain vigilant as there may be bad actors in every country.

While the legal advancements have improved the situation for local transgender people, tourists should exercise caution, given that public attitudes towards LGBT individuals may still vary throughout the country.

These organizations can provide the most up-to-date information on local laws and customs, ensuring that tourists are well-prepared to navigate the diverse social climate in Chile.

As the situation regarding LGBT rights can change rapidly, it is crucial for travelers to stay informed and be adaptable.

Same-sex marriage and adoption have been legal since March 2022. While Chile has made substantial progress in LGBT rights, it is essential to recognize that experiences may vary for locals versus tourists.