19 February–9 March 2018
Item 4 of the provisional agenda
Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women
List of issues and questions in relation to the seventh periodic report of Chile
Responses of Chile *
Note : The present document is being circulated in English, French and Spanish only.
* The present document is being issued without formal editing.
[Date received: 9 November 2017]
1.With regard to civil society participation under Act No. 20.500, the Ministry for Women and Gender Equity (MMEG) and the National Service for Women and Gender Equity (SERNAMEG) have since 2015 had a Civil Society Council (COSOC), consultative in nature, comprising representatives of non-profit organizations whose missions are related to the policies, plans and programmes carried out by the Ministry, these organizations being chosen by their peers in order to strengthen the relations between organized civil society and the Ministry and Service and make citizen participation an integral part of the processes of design, implementation and review of public management.
2.The Government’s seventh periodic report was presented to civil society at an event on 24 November 2016 at which organizations active in the area of women’s human rights were represented. In addition, on 31 August 2017 a discussion was held to disseminate the list of issues and encourage civil society participation in the periodic report procedure. The organizations that attended both activities are listed in the Annex.
3.The National Human Rights Institute (INDH) was not consulted in the preparation of the report, given that it is presenting its own report to the Committee. Also, in accordance with article 3(1) of Act No. 20.405, the Institute prepares an annual report, which is submitted to the President of the Republic, the National Congress and the President of the Supreme Court, setting out the national human rights situation and its recommendations, which report is duly noted by the various State agencies.
Visibility of the Convention
4.The national courts have referred to provisions of the Convention on a number of occasions. Pursuant to the information supplied by the Constitutional Court, the rulings that the Court handed down during the 2010–2017 period included the following: (i) No. 3729-17 (28/08/2017), with respect to the bill to regulate decriminalization of voluntary termination of pregnancy on three grounds and (ii) No. 2830-15 (08/05/2015), relating to an injunction of non-applicability, on the ground of unconstitutionality with respect to article 4 of Act 19,531, of medical leave benefits granted that could be discriminatory.
5.Also, according to information supplied by the Judiciary for 2012–2016, the following rulings were handed down by higher courts: (i) Supreme Court, No. 92.795-2016, (01/12/2016); (ii) Supreme Court, No. 22.405-2014, (30/10/2015); (iii) Appeals Tribunal of Punta Arenas, No. 116-2011 (20/01/2012); (iv) Appeals Tribunal of Iquique, No. 859-2016; (v) Appeals Tribunal of Punta Arenas, No. 131-2016 (13/10/2016); (vi) Appeals Tribunal of Punta Arenas, No. 880-2015 (14/11/2015); (vii) Appeals Tribunal of Copiapó, No. 260-2014 (16/09/2014); (viii) Appeals Tribunal of Temuco, No. 120-2012 (04/07/2012); (ix) Appeals Tribunal of Punta Arenas, No. 163-2015 (04/12/2015).
6.A few examples from the courts of first instance are: (i) The Santiago Protective Measures Centre, Labour Inspection Regulation (RIT) F-8872-2012 (12/08/2013); (ii) Temuco Labour Court, RIT 0-683-2015 (26/01/2016), (iii) Fourth Oral Criminal Trial Court of Santiago, RIT 84-2011 (30/03/2012), and (iv) Guarantee Court of Iquique, RIT 4704-2016 (01/01/2016)
7.The National Service for Women and Gender Equity, which is part of the Ministry for Women and Gender Equity, is currently working on an internal database of judgments from cases that have had an impact on society, such as femicide, sexual violence against women, and trafficking, in which legal assistance has been provided to women and their families, with a view to improving legal assistance procedures.
8.The Convention and its recommendations have been incorporated into capacity development programmes for people in the field of justice. In 2015 a gender and public policy seminar was held (for 80 public officials) at the Chilean School for Investigation Police. An e-learning course was developed by the National Service for Women and Gender Equity, in conjunction with other organizations, on tools to address violence against women; it covers the international standards of the women’s human rights system (the Convention of Belem do Pará and the Convention on the Elimination of All Forms of Discrimination against Women). One version of the course is intended for persons working in the health and education sector, while another, designed for those working in the legal sector, covers the international standards in greater detail. In 2016, as part of the second focus, a workshop on judging and acting from a gender and human rights perspective was held, in conjunction with the faculties of law of the University of Chile and Diego Portales University, for: (a) officials from the Public Prosecution Service, with the participation of 21 prosecutors and assistant lawyers from all regions, and (b) judiciary officials, with the participation of 25 family court judges and technical advisers from all parts of the country.
9.During the last quarter of 2017, the National Service for Women and Gender Equity will hold workshops with the Forensic Service (SML) and the Investigative Police Force (PDI), respectively, on support for women and research and expertise on the causes of violence against women; and support for women and research and forensic work in cases of violence against women. Both workshops will adopt a human rights and gender perspective, and will be working on the 2013 Latin American Model Protocol for the investigation of gender-related killings of women (femicide/feminicide) of the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women).
10.The National Service for Minors (SENAME) makes the gender perspective a cross-cutting element in the technical specifications of all courses that it teaches, clearly specifying that perspective throughout their design, implementation and evaluation. Thus, anyone offering the Service training courses for public officials must guarantee that the examples presented and topics dealt with will not reflect sexist attitudes, either in form or content, or undermine the principle of gender equality and equity.
11.In order to incorporate the Convention and the Committee’s recommendations into programmes in conjunction with civil society organizations, at the periodic meetings of the MMEG/SERNAMEG Civil Society Council referred to in paragraph 1, matters relevant to the Committee’s recommendations were discussed.
12.Moreover, the provisions of the Convention are also incorporated into the content of the women’s training activities offered by the National Service for Women and Gender Equity, such as training workshops, citizens’ rights training workshops and in the regional leadership schools of the Women, Citizenship and Participation programme. They are also incorporated, as content pertinent to the institutional legal framework, in the awareness-raising and training activities carried out in both the public and private sectors.
13.In 2016, the first Decalogue of Rights in Cases of Violence against Women was completed by the Executive Branch, the Public Prosecution Service, the Judiciary and the Office of the Public Defender (DPP), in accordance with the standards of the Convention of Belém do Pará and the Convention on the Elimination of All Forms of Discrimination against Women. This was then put in poster format and distributed to all institutions, at national and regional level, to be displayed wherever support was provided to women. That same year, the Ministry for Women and Gender Equity and the Ministry General Secretariat of Government (SEGEGOB) presented their Illustrated Guide to Communications Free of Gender Stereotypes for public institutions and the community at large, to stimulate reflection on how the media reproduce gender stereotypes; this too complied with the standards of the Convention on the Elimination of All Forms of Discrimination against Women. The Guide seeks to raise public awareness and generate a culture of countering discrimination.
Constitutional, legislative and institutional framework [Sustainable Development Goal targets 5.1, 10.3 and 16.b]
14.The bill (Bulletin No. 2667-10) approving the ratification of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women has reached the second stage in the prescribed constitutional procedure, consideration by the Senate Foreign Affairs Committee.
15.As regards the concept of equality and the relevant recommendation of the Committee (CEDAW/C/CHL/CO/5-6, para. 11), the Political Constitution of the Republic stipulates, in article 19, paragraph 2, that “men and women are equal before the law”. That principle is embodied in article 2 of Act No. 20.820, which stipulates that the Ministry for Women and Gender Equity shall promote equality of rights between men and women and shall endeavour, in keeping with the concept of equality as defined in the Convention, to ensure the full participation of women in the cultural, political, economic and social spheres, as well as the exercise of their human rights and fundamental freedoms.
16.In addition, the Ministry General Secretariat of Government is conducting dialogues with civil society and academia to collect proposals, with the goal of generating a document with amendments to Act No. 20.609, which covers discrimination against women. The information will be gathered by the Social Organizations Division in December 2017 and January 2018 through dialogue with citizens and NGO participation. That input will help to generate proposals for reform of Act No. 20.609 to achieve progress towards the implementation of articles 1 and 2 of the Convention.
17.As regards the concept of arbitrary discrimination, 2012 saw the entry into force of Act No. 20.609, whose article 2 stipulates that “arbitrary discrimination shall be understood to be any distinction, exclusion or restriction lacking reasonable justification, made by agents of the State or individuals, that causes deprivation or disruption or threatens the legitimate exercise of the fundamental rights established in the Political Constitution of the Republic or in the international treaties on human rights ratified by Chile and in force, particularly when based on such grounds as (...) sex, sexual orientation, gender identity (...).”
18.Under its mandate as set out in article 3 of Act No. 20.820, the Ministry for Women and Gender Equity is developing its fourth Gender Equality and Equity Plan for 2017–2030, providing continuity with the previous plans developed by the National Women’s Programme (1994–2000; 2000–2010; 2010–2020). In developing the Plan, the Ministry is organizing meetings with women countrywide (including trade unionists, women prostitutes or sex workers, domestic workers, girls and adolescents, immigrant, refugee, rural and indigenous women, lesbian and transgender women, women of African descent, young women and older women, women heads of household, women entrepreneurs and students and women with disabilities), as well as meetings with non-governmental organizations and academic bodies, to gain insight into the challenges facing the country in achieving gender equality.
Access to justice [Sustainable Development Goal targets 5.1 and 16.3]
Promotion of rights
19.The National Service for Women and Gender Equity is adopting an intercultural and intersectional approach in developing a set of measures to improve basic knowledge of women’s rights. These include:
(a)The Women, Citizenship and Participation programme provides training workshops on the exercise of citizenship rights and seeks to motivate women to engage in active citizenship. Its content includes: conventions, treaties, standards and/or international declarations on women’s human rights, such as the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention of Belém do Pará, the Beijing Declaration and Platform for Action and the Cairo Programme of Action.
(b)The Good Sexual and Reproductive Life programme, which includes a guide in Braille so that non-sighted persons may access it.
(c)The Best Labour Practices and Decent Work for Gender Equality programme, which includes training activities and distributes Chilean standard Nch3262-2012 to publicize the rights of working women. In 2016 3,592 people participated in these activities. It also promotes the creation of trade union networks for gender equality, training union leaders on gender equality and labour rights issues. Altogether, in 2016, 35 partnerships were formed with unions; three workshops were given to train equality officers (a total of 171 officers during the year), 59 awareness-raising talks and/or training sessions, and 18 consultancies and/or working group sessions. Since then, in 2017, the Programme has been devising an e-learning package, to be implemented in the second quarter of 2017 and 2018, containing specific content on women’s rights, aimed at improving their access to justice.
20.Similarly, the Public Prosecution Service provides information on victims’ rights at its offices, on its website and through a call centre. The Victims’ Rights catalogue is available at the Service’s offices in Spanish, Mapudungún, Aymara, Rapa Nui, Qawasqar, English, French and Creole. The Working Group on the National Action Plan to Combat Violence against Women, coordinated by the National Service for Women and Gender Equity, has drawn up the Decalogue of Rights in Cases of Violence against Women (para. 13).
21.The Office of the Public Defender, for its part, has undertaken a number of activities aimed at making women’s rights more widely known, in citizen participation forums and through specific actions to benefit incarcerated women and their infants and also foreign and indigenous women: six talks were given in 2017 for 48 pregnant and/or breastfeeding women (at penitentiaries in Arica, La Serena, Talca, San Joaquin, Valparaíso and Rancagua); while justice outreach sessions and/or participatory dialogues were conducted, with a high percentage of women participants — 1,224 women, or 62.13 per cent of the total. In addition, the services offered by the legal aid councils include guidance and information for the community at large.
Legal aid for low-income women
22.There are a number of mechanisms available to low-income women, to afford them access to suitable legal aid, whether through the legal aid councils or the support arrangements of the National Service for Women and Gender Equity.
23.First, the legal aid council provides legal aid, primarily in the areas of family and civil law, to persons within the 50 per cent of the population with lower income or greater vulnerability. Also eligible, on the basis of vulnerability, are beneficiaries of the intersectoral social protection system, victims of violent crimes, victims of domestic violence, beneficiaries of the Programme of Compensation and Comprehensive Health Care, and persons with disabilities. In the area of labour defence, an automatic payment is made to persons with a net monthly income index of 2.36 or less (about one thousand dollars), to beneficiaries of the Chile Solidario programme and, in the area of maternity leave, to every working woman whose last rate of pay corresponded to a net monthly income index of 4.72 (about two thousand dollars).
24.Second, the National Service for Women and Gender Equity has care centres—women’s centres, shelters, and houses for victims of trafficking and sexual violence—where women have access to guidance and psychological counselling on legal matters, and where they are informed of their rights and the applicable legislation and offered better tools to address their life situation and achieve greater autonomy. It also provides them with legal aid: to be represented in court cases involving violence, sexual violence, or trafficking for labour exploitation; to apply for security and protection measures; to lodge nullity actions; and to be represented at the Aliens and Migration Department of the Ministry of the Interior and Public (DEM), embassies and consulates for the issuance of visas and other instruments. Further, its Violence against Women unit plans to administer a legal assistance service line for women and their families, at the national and regional level, for cases of femicide and violence against women that gain public notoriety.
Legal aid for rural, indigenous and disabled women
25.With respect to indigenous and migrant women: the Office of the Public Defender has implemented the Protocol on care for indigenous foreign women deprived of their liberty (in Antofagasta, Tarapacá, and Arica the protocol is applied by law clinics); in Arica and Iquique it has set up pilot offices for the defence of indigenous foreign women deprived of their liberty; first-hearing action protocols for women are being developed; for indigenous women, protocols of assistance to indigenous women are applied, while for convicted women there are definitions of the minimum actions for women sentenced to prison terms. The Office of the Public Defender also has 11 facilitators, of different ethnicities, who assist the defenders.
26.Advocacy for indigenous and rural women has been strengthened, with specialized advocacy provided at new offices such as the Mapuche criminal advocacy offices at Collipulli and Nueva Imperial, both of which — like the existing one at Temuco — have on staff a bilingual intercultural facilitator. An office for the defence of indigenous persons has also been inaugurated in the Panguipulli district, and a seminar for intercultural facilitators has been added for the Bío-Bío Region.
27.Of the women receiving assistance at women’s centres in 2017, indigenous women accounted for 6.86 per cent, while they made up 6.96 per cent of the total at shelters; the figures were higher in the regions of Aysén (36.36 per cent), Arica and Parinacota (33.33 per cent), Araucanía (16.28 per cent) and Tarapacá (16 per cent). Legal action was sponsored on their behalf in 5.9 per cent of cases by women’s centres, and in 3.28 per cent of cases by shelters.
28.For women with disabilities, the National Service for Persons with Disabilities (SENADIS) has developed a programme on access to justice for persons with disabilities, under which a network of collaborators in the area of justice has been created (legal aid councils nationwide: Tarapacá, Valparaíso, Metropolitan and Bío‑Bío, university clinics, some NGOs), providing free specialized legal advice that takes the disability factor into account. It also provides training for persons holding important posts in the administration of justice system. In 2015 work was done with 36 public and private organizations involved in the administration of justice, while the number rose to 41 in 2016.
29.In order to provide appropriate advocacy for persons with a cognitive impairment, especially those deprived of liberty (in a prison or medical facility), in 2016 the Ministry of Justice and Human Rights (MINJU) set up a specialized mental health defence line; the project is still in its initial phase.
30.Finally, the National Service for Women and Gender Equity is currently working to extend its existing agreement with the National Service for Persons with Disabilities, to enhance legal support for women with visual, auditory, and cognitive disabilities. Of all court cases sponsored by shelter staff in 2017, 2.9 per cent were on behalf of women with disabilities; the corresponding figure was 1 per cent at women’s centres.
National machinery for the advancement of women [Sustainable Development Goal target 5.c]
31.The mandate of the Ministry for Women and Gender Equity, created by Act No. 20.820 is outlined in paragraph 7 of the seventh periodic report of Chile to the Committee (CEDAW/C/CHL/7). The Ministry staff consists of 132 persons, 93 of whom are women (72,72 per cent). The workforce of the National Service for Women and Gender Equity includes 334 women, making up 76.78 per cent of the total of 435 persons. The 2017 budget of the Ministry and the Service, as approved under Act No. 20.981, is 51,350,914,000,000 Chilean pesos (Ch$). Of that total, Ch$) 6,571,204,000,000 goes to the Ministry and the regional ministerial secretariats, and Ch$) 44,779,710,000,000 to the Service and its regional directorates.
32.Act No. 20.820, article 8, established the Interministerial Committee for Equal Rights and Gender Equity, chaired by the Minister for Women and Gender Equity and whose membership consists of 13 legally designated ministers plus the Minister-Secretary-General of Government. Of that number, 6 are women and 9 are men. Its role is to collaborate on the implementation of policies, plans and programmes to foster equal rights for women and men, incorporating the gender perspective into the actions of the State, and its mandate is to implement the gender agenda of the President of the Republic and to monitor compliance with the National Gender Equality Plan. It has no budget of its own.
33.The regional commissions coordinate and link sectoral and intersectoral initiatives to ensure regional implementation of the 2014–2018 gender agenda, incorporating interculturality and local relevance.
34.The Under-Secretariat for Human Rights (SubDDHH), for its part, includes the gender perspective in its programmes and activities. In terms of staffing, of the total number of people who work at the institution, 60 per cent are women, who also account for 70 per cent of management positions. The gender perspective is also incorporated every day into the dynamics of work, the language and discourse used, the bills and regulatory amendments being worked on, and substantive actions that have sought to consolidate the gender perspective within the work of the Ministry of Justice and Human Rights, to which the Under-Secretariat belongs.
35.Among the initiatives taken by the Under-Secretariat are the following: (a) holding of a seminar for justice officials on the equality and non-discrimination principle with an emphasis on sexual orientation and gender identity, in 2016; (b) incorporation of the gender perspective into the special qualifications regulations and the Ministry of Justice and Human Rights Code of Ethics; and, (c) support for the Ni Una Menos international campaigns as well as symbolic actions and awareness-raising on the occasion of the International Day for the Elimination of Violence against Women.
Temporary special measures [Sustainable Development Goal targets 5.1 and 5.c]
36.As part of its intersectoral legislative work, the Ministry for Women and Gender Equity has proposed that special temporary measures be taken to promote women’s participation in decision-making forums, and in particular the Enterprise System (SEP). The Ministry is currently drawing up the 2018–2030 National Gender Equality Plan, in which measures of this kind may be suggested.
Violence against women [Sustainable Development Goal targets 5.2, 16.1 and 17.19]
37.Bulletin No. 9279-07, which has become Act No. 21.013 (published on 6 June 2017), amends Act No. 20.066 on domestic violence, defines a new offence of ill-treatment and increases protection for persons in special situations. The sentence imposed for the offence of “habitual ill-treatment”, defined in Act No. 20.066, has been increased by one degree, while the pre-qualification by family courts previously required has been eliminated. The new offence of corporal ill-treatment is intended to protect children and adolescents under 18 years of age, seniors and persons with disabilities.
38.In addition, on 5 January 2017 President Michelle Bachelet tabled in the National Congress a bill on women’s right to a life free of violence (Bulletin No. 11.077-07), which is currently at first reading stage in the Chamber of Deputies. The thrust of the bill is twofold: on the one hand it is a general enactment on women’s right to a life free of violence, defining the relevant State agencies and their duties and recognizing that violence against women is perpetrated in the context of historically unequal power relationships derived from the different roles assigned to men and women. It also enumerates the various manifestations of violence against women—such as physical, psychological, sexual, economic and symbolic violence—that take place in both the public and private spheres.
39.On the other hand, it amends Act No. 20.066 on domestic violence, Act No. 19.968 establishing family courts and the Criminal Code, with the goal of improving the State’s current responses to the situation of women victims of violence, and incorporates an article from Decree-Law No. 3,500 to amend the regulations regarding survivor’s pensions where one of the legal beneficiaries has been convicted of the murder of the testator or testatrix.
40.To take into account cases of violence against women that currently go unpunished, the Criminal Code amendments contained in the bill establish three new criminal offences: (i) an expansion of the definition of sexual abuse; (ii) sexual harassment; and (iii) dissemination of images or videos that seriously compromise a person’s privacy (“revenge porn”). Further, the current crime of femicide is redefined to include partner relationships with or without cohabitation (dating).
41.The Violence Against Women Indicators System is part of the National Action Plan to Combat Violence against Women. In 2016 it was realized that there was a need to create a unified system, given that there were so many different information sources and indicators. An interactive system for publication of the indicators was developed through a technical assistance agreement with ECLAC. A number of different databases were included, enabling the System (REDATAM) to be populated with violence against women indicators. REDATAM is undergoing final review and should be published in the last quarter of 2017. A user’s manual has been written for the System, together with documents on the indicators, including methodological explanations and glossaries.
Trafficking and exploitation of prostitution [Sustainable Development Goal targets 5.2, 8.7, 16.1 and 16.2]
42.The 2013–2015 National Action Plan against Trafficking in Persons was implemented in the course of the years 2014 and 2015. Having received a positive evaluation, it was subsequently updated for the 2015–2018 period. Its activities are itemized in the annex, section B.
43.With regard to the preventive measures adopted, awareness and training activities — both for migrant women and for public officials — have been carried out by a number of organizations and services, including the Investigative Police Force, ONG Raíces, the National Service for Women and Gender Equity, the Aliens and Migration Department, the Public Prosecution Service and the Executive Secretariat of the Intersectoral Panel on Trafficking in Persons (MITP).
44.The National Service for Women and Gender Equity, for its part, has set up a shelter for trafficked women and exploited migrants that aims to protect women victims over the age of 18; its intake since 2012 has been 45 women. Its role is twofold: protection and care within the shelter; and awareness-raising and training to ensure appropriate care and case detection (793 persons trained to date). In addition, the Public Prosecution Service provides training for specialized prosecutors on offences involving commercial sexual exploitation of children and adolescents, while its Victim and Witness Care Unit offers specialized care for children and adolescents who are victims of sex crimes, which includes an assessment of the risk situation and protection and referral measures for victim assistance.
45.Certain legal aid council units have also organized talks for specific groups of women who work as prostitutes, focusing particularly on the non-discrimination law, to inform them of their rights. They conduct training and provide documentation.
46.In all, counting complaints, investigations, prosecutions and convictions, from 2011 — when Act No. 20.507 entered into force, defining the crime of trafficking in persons — 29 cases have been prosecuted, involving 206 victims. Of that total, 87 (42 per cent) involved women, mainly as victims of sexual exploitation. Up until December 2015 all victims identified were foreigners. In 2016, however, 3 Chileans were found to have been victims of human trafficking for purposes of sexual exploitation. Twelve convictions were handed down, 9 of which involved commercial sexual exploitation and 3 labour trafficking. Under the Intersectoral Protocol on Assistance to Victims of Trafficking in Human Beings, assistance was provided to 105 victims, 29 of whom had been trafficked for the purpose of sexual exploitation. Lastly, the Public Prosecution Service keeps a record of offences relating to commercial sexual exploitation of children and adolescents (see annex, section B).
47.On the basis of judiciary reports it is not possible to provide information on the number of complaints, investigations, prosecutions and convictions for exploitation of prostitution and violence against women working as prostitutes, as there is no specific category that covers all of these offences. Some information is nevertheless given in the annex (section B) on offences where the victim was a woman, together with trafficking- and prostitution-related offences submitted by the Public Prosecution Service. It should be added that the Under-Secretariat for Human Rights will, in keeping with its coordinating role, be setting up an intersectoral working group on women prostitutes with a human rights-based approach.
Participation in political and public life [Sustainable Development Goal targets 5.1, 5.5, 10.2 and 16.7]
48.Act No. 20.840 replaced the binomial electoral system with a proportional representation system and introduced the requirement of gender parity in the establishment of candidate lists, stipulating that neither men nor women may account for more than 60 per cent of the total number of candidates declared by a political party. That requirement has had an impact on the establishment of candidate lists, both for the Chamber of Deputies and the Senate. The proportion of women candidates for the former went from 19.3 per cent in 2013 to 41.3 per cent in 2017; while for the latter, the increase was from 17.91 per cent in 2013 to 40.9 per cent in 2107. Statistics on how the situation has changed, from 1989 to the present, will be found in the annex, section C.
49.In an effort to increase women’s participation in political and public life at the local level, Acts Nos. 20.900 and 20.915 made amendments to the Constitutional Organic Law on Political Parties, establishing a gender parity criterion in the composition of their collegiate bodies to guarantee a minimum of 40 per cent women. Act No. 20.940, which modernizes the labour relations system, establishes the obligation to include in organizations’ statutes mechanisms to guarantee that women will serve on their boards. In addition, Act No. 20.881 has incorporated a gender criterion for the collegiate bodies of cooperatives, ensuring member representativeness. in 2013 the participation of women in the boards of State-owned enterprises was only 5 per cent; thanks to the goal proposed by President Michelle Bachelet for 2018, the figure has now reached 41.9 per cent.
50.As regards the representation of women in the diplomatic service, the Diplomatic Academy of Chile has adopted the following measures to increase women’s participation: (a) the holding of promotional events countrywide for citizens with post-secondary education, seeking to encourage women to apply; and (b) broadening of the admissible range of professional university degrees or academic degrees for the review of credentials and competitive examinations, for candidates from traditionally feminized careers. In 2014, only 96 applicants were women, whereas there were 187 in 2017, representing 49.73 per cent of the total. More detailed information on past trends in this area will be found in the annex, section C.
51.One of the important measures taken to increase the participation of indigenous women in political and public life has been the bill to create the Ministry of Indigenous Peoples (Bulletin No. 10687-06), one of whose functions will be to collaborate with the National Women’s Programme to promote the rights of indigenous women and their inclusion and participation in decision-making.
52.The National Service for Women and Gender Equity has since 2015 been conducting its Women, Citizenship and Participation programme, which consists of three main activities: (a) a training workshop on the exercise of citizenship rights at the local level, (b) dialogue with women members of civil society organizations at the territorial level, and (c) leadership training schools for women who participate in organizations, are social and/or political leaders, or who aim to be. In 2015 and 2016, at the national level, 16,916 women took part. The comparable figure for the first quarter of 2017 was 2,712.
53.In 2016, 813 women attended the leadership training schools. Of these, 112 stood as candidates at the 2016 municipal elections, 189 are active in a political party, 362 have expressed an interest in becoming candidates in the future for an elected position, while 194 said they would be candidates for such a position in the 2020 elections.
Nationality [Sustainable Development Goal target 16.9]
54.The procedure for birth certificate rectification, to regularize the registration of the child of a non-resident alien, is administered by the General Archives Office, a unit of the Civil Registry and Identification Service (SRCel), in conjunction with the Aliens and Migration Department. The procedure begins with an application by the mother or father to the Department, which then sends the information ex officio to the Civil Registry and Identification Service, asking for the granting of Chilean citizenship to a person initially registered with the indication “non-resident alien” on his or her birth certificate. The certificate is located and submitted to the Rectifications Unit, which modifies it, together with the database entry, to establish the person’s Chilean citizenship. The procedure takes some ten working days.
55.It should be noted that since 2016 a project called Chile Reconoce has been under way. Launched at the Palacio de La Moneda under the high patronage of the President of the Republic, this collaborative intersectoral project is being conducted in the framework of the international #IBelong campaign of the Office of the United Nations High Commissioner for Refugees (UNHCR). The organizations involved were: DEM, the Civil Registry and Identification Service, the National Human Rights Institute, UNHCR, The Human Rights Centre of Diego Portales University, the Migrants’ Clinic of Alberto Hurtado University, and the Jesuit Refugee Service; to which, in 2017, were added the United Nations Children’s Fund (UNICEF) and the Ministry of Education (MINEDUC). They worked together to identify and assess the children of non-resident aliens, and in the course of 2016 were able to confirm the Chilean citizenship of 100 persons through the simplified procedure.
56.It is not possible to say exactly how many persons’ registration was regularized, since the database is dynamic, that is, it is updated daily. Statistics from the Ministry of Justice and Human Rights nevertheless show that between 2000 and 2014 there were 2,821 persons registered as children of non-resident aliens, whereas in December 2016 2,374 persons were so registered, and 2,219 in October 2017.
Education [Sustainable Development Goal targets 4.5, 4.7 and 5.c]
57.The reporting protocol jointly developed by the Ministry for Women and Gender Equity and the Superintendency of Education is at the final stage of development. It provides for reports on students who are pregnant or have given birth and for complaints of violations of rights related to sexual orientation or gender identity and any other type of gender-based ill-treatment occurring in schools. The Superintendency of Education received 40 complaints in 2014, 29 in 2015 and 27 in 2016, relating to pregnancy or maternity discrimination. Only 8 had been received as of June 2017. Administrative sanctions were imposed in only two of these cases; no violation could be proved in any other case.
58.On the basis of the activities of the Gender Unit, which reports to the Under-Secretariat for Education of the Ministry of Education, a 2015–2018 Framework Plan for Gender Equality has been drawn up. The work plan of the Under-Secretariat’s Gender Unit has been developed based on four strategic lines of action: (a) enhancing the competencies of officials and actors in the education system through training and promotion of the gender perspective among teachers and management teams; (b) dissemination, awareness-raising and information; (c) production of knowledge and tools; and (d) linkage of organizations at the intraministerial, regional and interministerial level. Details of the activities carried out will be found in the annex, section D. That notwithstanding, it should be noted that training in the gender perspective has been given to education professionals and that gender officers have been appointed to strategic units of the Ministry of Education.
59.In terms of measures taken to increase the representation of women in non‑traditional areas of professional training, and also in technological and scientific disciplines, the Ministry for Women and Gender Equity has carried out communications campaigns to promote women’s participation. The #postulaPorTusSueños campaign, which draws attention to the need for more women in the sciences, takes place during the University Selection Test (PSU) submission period; and a campaign for breaking stereotypes included among the stereotypes to be rooted out the misconception that women have no talent for mathematics.
60.In addition, the gender panel of the National Commission for Scientific and Technological Research (CONICYT) also participated in the following actions: the Asia-Pacific Economic Cooperation (APEC) survey of women in science, technology, engineering and mathematics (women in STEM), Girls in Tech talks, and support for an assessment by the Inter-American Development Bank of the nature and economic costs of gender gaps in science, technology and innovation in the Latin America and Caribbean region; and, in 2016, the National Commission for Scientific and Technological Research unveiled two studies on the themes of national experiences in the promotion of promoting women in STEM and international experiences in STEM integration. It is currently organizing the eleventh session of its Gender Summit.
Employment [Sustainable Development Goal targets 5.1 and 8.3]
61.To date, six legal initiatives have been presented (bulletins Nos. 10.576-13, 9.329-13, 9.322-13, 7.954-07, 6.325-13 and 7.167-13) seeking to improve the terms of article 62 bis of the Labour Code, which is concerned with equal pay. Of these, the bill contained in Bulletin No. 9.322-13 is the one closest to enactment, having reached first reading stage in the Senate.
62.The enforcement of maternity protection standards is governed by the provisions of Title II under Worker Protection in the Labour Code (Maternity, Paternity and Family Life Protection). According to article 194, those provisions apply to all public administration services, semi-public services, autonomously administered services, municipal services, and all industrial, mining, agricultural and commercial services, establishments, cooperatives or enterprises, whether State-owned, partially State-owned, independently managed, municipal or private or belonging to a public or private corporation. The article notes, too, that they apply to all workers who depend on any employer, including those who work at home and, in general, all those who are covered by some social welfare system. In addition, Act No. 20.761 grants working parents the right to feed their children under the age of 2 years.
Health [Sustainable Development Goal targets 3.7 and 5.6]
63.On 23 September 2017, Act No. 21.030 was promulgated. It decriminalizes voluntary termination of pregnancy on three grounds: danger to the woman’s life, foetal non-viability, and pregnancy due to rape. The focus of the Act is women’s autonomy. Indeed, the Constitutional Court has ruled that “[...] the mother cannot be considered a mere instrument for the protection of the unborn. Indeed, the legislator cannot, in the name of that primary duty, impose its will on the woman, endangering her life or requiring of her duties that go beyond what is asked of any person. Motherhood is a voluntary act and demands the whole-hearted commitment of the pregnant woman. It cannot be imposed by the State regardless of the cost to the woman. She is not a mere instrument.” This is in line with the recommendations of, among others, the Committee on the Elimination of Discrimination against Women (see CEDAW/C/CHL/CO/5-6, para. 35 (d)), the Committee on Economic, Social and Cultural Rights (E/C.12/CHL/CO/4, para. 29 (a)) and the Human Rights Committee (CCPR/C/CHL/CO/6, para. 15). A transitional provision of the Act gives the Ministry of Health (MINSAL) 90 days to draw up the decree establishing the relevant health benefits.
64.Moreover, the Supreme Decree on National Fertility Regulation Standards was signed in February 2017. It is currently awaiting approval by the Office of the Comptroller-General of the Republic. It is expected that, by the end of 2017, the dissemination and implementation of the standards in care networks will have begun. The standards provide in particular for contraception in the post-partum and post-abortion periods and increased use of long-term contraceptives in primary health care. They were developed based on the latest scientific evidence, the WHO medical eligibility criteria for contraceptive use (2015), and Act No. 20.418 (which lays down rules on fertility regulation information, guidance and benefits), the rights perspective being taken into account in the delivery of fertility regulation services.
65.The Ministry of Health adopted the following measures to implement the recommendations of the Committee on the Rights of the Child and the Committee on the Rights of Persons with Disabilities regarding the sterilization of women and girls. First, in 2016 the Care Protocol for Women Living with HIV: Sexual and Reproductive Health Benefits was updated and is now in effect in the public healthcare network. The Protocol incorporates sexual and reproductive health counselling for women with HIV, pre-conception counselling and fertility regulation methods, highlighting their voluntary nature. Second, a Letter of Consent for Voluntary Surgical Contraception (VSC) is now in use. It highlights the free and voluntary decision to undergo the procedure.
66.At the same time, the groundwork is being laid for an amicable settlement between the State of Chile and “F.S.”, petition P-112-09 to the Inter-American Commission on Human Rights. The Ministry of Health has signalled its commitment to update its Exempt Resolution No. 2326 (30 November 2000), which sets guidelines for health services on female and male sterilization.
67.The National Fertility Regulation Standards referred to in paragraph 64 include a chapter on voluntary surgical contraception, which describes surgical sterilization as an invasive, irreversible procedure causing permanent anatomical changes that must only be used when using a reversible method is not possible, or when it is the method chosen by a person with the capacity to consent.
68.In addition, a proposal has been tabled in Congress for the reform of Act No. 20.584, which regulates people’s rights and duties in relation to actions relevant to their health care (bulletins Nos. 10563-11 and 10755-11). It is currently at second reading stage in the Senate. What is being sought is a rights-based reform of the legislation, strengthening the presumption of all persons’ capacity and the exceptional nature of incapacity in the area of health.
69.The surgical sterilization of a person with mental disabilities must be requested according to the procedures of Act No. 20.584 and General Technical Regulation No. 71 (Surgical Sterilization in Persons with Mental Illness), approved by Exempt Resolution No. 110 of 2004. That regulation, now being updated, establishes that the Hospital Ethics Committee is responsible for the process, receives the request for records, convenes an interdisciplinary committee and decides to send the records to the National Commission for the Protection of Persons with Mental Illness for final resolution. The Regulation forbids the procedure in every case for persons under the age of 18.
Economic and social life [Sustainable Development Goal target 16.5]
70.The State does not agree with the way the question is posed. In its introduction it prejudges the situation of the reporting country with regard to its public procurement system by declaring, based on information unknown to the State, that particular corruption risks exist in Chile.
71.Hence, the question subsequently posed is based on a mistaken assumption about the risks of the public procurement system, which since its inception has fully complied with international standards of transparency and probity. The following examples so demonstrate: (i) its recognition by the United Nations Public Service Award in 2007; (ii) in 2009, it became the first public procurement system recognized by the Inter-American Development Bank; and (iii) in 2014 and 2015 it was honoured by the Inter-American Network on Government Procurement for technological innovation in public procurement, assuming the Presidency of the Network in 2015.
72.More evidence thereof is found in the latest World Trade Organization (WTO) Trade Policy Review for Chile, which states that “Chile has a transparent and efficient government procurement system for goods and services, making use of an electronic procurement platform. (…). The authorities consider that in 2013, ten years after it was created, the System had generated savings for the State amounting to a cumulative total of $681 million, and achieved high standards of transparency and probity.”
73.Finally, the Final Report of the Evaluation of Chile’s Public Procurement System, MAPS Methodology, dated June 2017, indicates that the system complies satisfactorily with Pillar IV on Accountability, Integrity and Transparency of the Public Procurement System, highlighting Chile as “(...) the country in the region (South America) with the best performance in the rule of law and control of corruption.”
74.Without prejudice to the foregoing, the annex (section E) provides an account of the context of the treatment of public procurement and its contribution to the development of important policies to ensure due respect for human rights and women’s rights in particular.
Disaster risk reduction and climate change [Sustainable Development Goal targets 1.5, 11.5, 11.b and 13.1]
75.With respect to the Damage and Needs Assessment System instruments, the Ministry of Health is in the final stages of developing the Health Sector Emergency Plan, which will be published in the last quarter of 2017. The Plan incorporates the gender perspective throughout, and in particular in its tools for damage and needs assessment in the health sector at all levels; it recognizes the differences between women and men in the face of disaster situations: levels of vulnerability, access to resources, risk perception, information handling, response to stress, and role within communities and/or family groups, to name only these.
76.As regards the linked effects of climate change and its disproportionate impact on women, the document “Chile’s Third National Communication on Climate Change to the United Nations Framework Convention on Climate Change”, presented at the Conference of the Parties in November 2016, provides information on the vulnerability of various sectors. One challenge it faces, however, is the need to incorporate sex-disaggregated information and risk assessments that take the gender variable into account, so as to incorporate such information into adaptation policies; whereas, with respect to natural disasters, the Civil Protection Division does provide sex-disaggregated information on training and emergency impacts, through a biannual and annual report, available in the digital repository of the National Emergency Office (ONEMI). In 2016, 42 per cent of all persons affected by such events were women; while in 2017 this has risen to 56 per cent.
77.The membership of the National Platform for Disaster Risk Reduction, an intersectoral coordination body, is gender-balanced. Likewise, the gender perspective, together with the participation and rights approach, is present across all methodologies and outputs, based on the objectives and actions of the National Strategic Plan for Disaster Risk Management. Among the activities undertaken are the following:
(a)Children and Adolescents Panel;
(b)Incorporation of sex-disaggregated information into Damage and Needs Assessment System instruments;
(c)Emergency personal hygiene kit, meeting Sphere standards, for women, men and children;
(d)Drawing up of gender-mainstreamed recommendations for the Municipal Shelter Management Guide;
(e)Risk management and gender course for public officials with responsibility in those areas, municipalities, civil society organizations and first responders;
(f) Gender mainstreaming in recommendations and documents generated by the Programmes Department, such as Guidelines Nos. 1 and 2 on participatory risk and resources microzoning;
(g)Incorporation of gender content into National Civil Protection Academy e-learning courses.
78.In 2016, under a commitment of the Gender Management Improvement Programme, gender-focused content was added to community participation training (risk and resources microzoning and others). What this means is that the community, based on group experience and reflection, examines its territory and ascertains the threats, vulnerabilities and resources it must deal with, in order to identify and locate the risks involved and work on comprehensive security planning. A guide has been developed, with the explicit participation of women throughout the community participation process, in order to identify and prioritize the risks affecting the community’s women, children and men as well as the resources available to them to deal with the various emergencies or disasters that may occur in their places of residence. This process is carried out by the local authority.
Indigenous and rural women [Sustainable Development Goal targets 1.3, 1.4, 2.3, 4.5, 4.6, 5.1, 5.5, 5.a, 8.5 and 16.3]
79.In 2017, according to data from the Youth and Adult Education Unit, 428 indigenous women, or 71 per cent of the total, took part in the Ministry of Education literacy plan, their average age being 54 years.
80.The measures taken to improve indigenous and rural women’s access to justice are detailed in paragraphs 25 to 27. The following measures have been implemented to improve their access to education:
(a)Indigenous scholarship: award of a discretionary amount varying by educational level, from Ch$ 203,000 to Ch$ 638,000.
(b)Indigenous homes: the programme has 17 homes available in Arica, Iquique, Antofagasta, Santiago, Concepción, Cañeta, Los Ángeles, Temuco and Valdivia.
(c) Indigenous residence grant: award of a cash subsidy for the rental of a residence. In 2016 there were 83,088 beneficiaries; the 2017 projection is for 85,216.
81.In the measures taken to improve indigenous women’s access to employment, their traditional role as educators has been identified. Pursuant to Decree No. 280 of 2009, the Indigenous Language Sector has been incorporated into the curriculum, which calls for people able to transmit the indigenous peoples’ knowledge. At present 1,200 traditional educators are working in the school system. There are 343 of them working in the establishments targeted by the Bilingual Intercultural Education Programme, or 63.1 per cent of the total. Of these, 69 per cent are working in rural schools and 30.1 per cent in urban schools.
82.On the other hand, the programme “Kume Mognen Pu Zomo Ercilla: Quality of Life and Self-care”, conducted by the National Indigenous Development Corporation (CONADI), is intended to reduce the training barriers that prevent Mapuche women over 18 years of age from the municipalities of Ercilla and Currahue from engaging in gainful employment. In 2016, 111 women participated, so there will have been more than 200 Mapuche women in the programme in 2016 and 2017.
83.Among the measures adopted to improve access to health services has been, in 2016, the first national process of participation and consultation of indigenous peoples regarding the proposal for regulations establishing the right of persons belonging to indigenous peoples to receive health care with cultural relevance. At the national level, 430 meetings were held with indigenous peoples, attended by 9,018 persons and more than 1,300 indigenous organizations.
84.One measure to increase women’s access to investment was the one undertaken by the Ministry of Social Development, consisting of gender mainstreaming in the National Investment System at the stage of assessment of investment initiatives. This led to the drafting of a document on guidance for gender mainstreaming in investment projects.
85.With regard to the measures implemented to improve indigenous and rural women’s access to decision-making and participation in political and public life, a bill has been tabled in Congress establishing the Ministry of Indigenous Peoples (Bulletin No. 10.687-06, now at second reading stage in the Senate). The specific functions attributed to the Ministry include collaboration with the National Service for Women and Gender Equity to promote the rights of indigenous women and their inclusion and participation in decision-making forums. As regards consultation and participation, a participatory indigenous constituent process was carried out between August and December 2016, seeking to guarantee a space of expression for indigenous communities, in accordance with article 7 of International Labour Organization (ILO) Convention No. 160 and Act No. 19.253. More than 17,000 persons participated in that process: in all, 605 meetings were held, 255 being convened and 350 spontaneous, while more than 538 individual contributions were received through the website. Women made up the majority of the attendees in all cases. There were 2,936 women participants in the convened meetings and 5,723 at the spontaneous ones, or 54.8 and 51.3 per cent respectively.
Women with disabilities and older women [Sustainable Development Goal targets 1.3, 1.4, 4.5, 5.1, 5.4, 8.5 and 11.7]
86.The proportion of women over the age of 18 who have a disability is 24.9 per cent according to the Second National Disability Study, carried out in 2015, whereas the comparable figure for men is 14.8 per cent. Persons with disabilities represent 20 per cent of the population as a whole. Of persons acting as caregivers for people with disabilities, 73.9 per cent are women, while 26.1 per cent are men.
87.As part of the measures to improve access to education for women with disabilities, the Additional Support and Resource Continuity Plans for students with disabilities in higher education have been adopted, which aim to reduce the barriers in the educational environment by providing a cash payment. In addition, the Early Care Programme seeks to reduce the barriers to social and educational inclusion in early childhood education (with state funding) for children up to 6 years of age having a disability and/or developmental delay. Finally, the National Human Rights Education Network seeks to mainstream human rights education at different levels.
88.Among the measures taken to afford better access to employment to women with disabilities is Act No. 21.015, promulgated in 2017, which encourages the integration of persons with disabilities into the labour market, establishing a quota of 1 per cent of such workers in public bodies and in private companies with more than 100 workers.
89.As part of the measures adopted to improve access to health services for women with disabilities, the Good Sexual and Reproductive Life Unit (SERNAMEG) has developed a collaboration agreement with the National Service for Persons with Disabilities and an intersectoral technical panel has been established on the sexual and reproductive rights of persons with disabilities. In particular, the activities carried out include:
(a)Conduct of four seminars in the metropolitan region and in Maule, Valparaíso, Arica and Parinacota (2017);
(b)Revision of the programme’s supporting materials to improve the access and participation of women with disabilities;
(c)Production of materials for the communication of sexual and reproductive rights in Braille (280 booklets);
(d)Conduct of workshops promoting a good sexual and reproductive life (attended by 841 women with disabilities in 2016);
(e)Training for public officials and civil society actors on international standards on sexual and reproductive rights of persons with disabilities, supported by the Office of the United Nations High Commissioner for Human Rights (OHCHR), with the participation of 29 persons from various institutions and organizations (2017).
90.Another measure is the Support Programme for the Implementation of Community Rehabilitation Centres: rehabilitation facilities integrated into the Primary Health Care Network that provide an inclusive, comprehensive community-based rehabilitation service for adults with disabilities. Moreover, with the passage of Act No. 21.030, the State has made progress in the area of sexual and reproductive rights of women with disabilities, by establishing that in the case of persons with sensory disabilities, whether visual or auditory, as well as in the case of persons with mental, psychological or intellectual disabilities who have not been declared legally incapable but who cannot make themselves understood in writing, alternative means of communication shall be available for them to give their consent.
91.Among the measures taken to improve senior women’s access to health services, SERNAMEG has conducted workshops promoting a good sexual and reproductive life, employing participatory methods, for women aged 50 years and over. In 2016 these were attended by 2,040 women. The themes addressed were sexuality and gender issues; body and self-esteem issues; the body, self-care and gender; prevention; and associated public services.
92.Another measure, intended for women with disabilities and older women, is the creation of the National Support and Care Subsystem, developed by the Ministry of Social Development in conjunction with the National Service for Older Persons (SENAMA) and the National Service for Persons with Disabilities. It comprises universally applicable actions and benefits focused on certain population groups, aimed at households made up of persons over the age of 60 years in a dependency situation, households where there are persons with disabilities, unpaid carers and/or their support network. Upon entry into the system, the Support and Care Needs Assessment instrument is used to determine the needs and the care required. The subsystem implementation phase began in December 2016, in 12 communes in six regions. In 2017 it set up a Local Support and Care Network, a programme to access the system. It is expected that additional communes will be added to the plan in 2017, to reach all regions.
93.With regard to measures taken to improve the situation of older women (in order to comply with general recommendation No. 27 of the Committee on the Elimination of Discrimination against Women), the first step has been ratification of the Inter-American Convention on Protecting the Human Rights of Older Persons — 11 July 2007 — (CEDAW/C/GC/27, para. 29). Secondly, the Ministry of Social Development has employed data disaggregation by sex and age in its statistical information systems, for example in the National Socioeconomic Characterization Survey (CASEN), in the second National Disability Study, and in the preparation of the diagnostic report on the country’s status with regard to the sustainable development goals (CEDAW/C/GC/27, para. 30). Thirdly, actions have been taken to promote the rights of older people and protect them from abuse; The Good Treatment of the Elderly programme has been implemented, to inform people over the age of 60 years of their rights; and finally, Act No. 21.013 has been published. It defines a new offence of ill-treatment and increases protection for persons under the age of 18 years, seniors and persons with disabilities (CEDAW/C/GC/27, para. 37).
Women in detention [Sustainable Development Goal target 5.1]
94.The Prison Regulations have been drawn up by the Under-Secretariat for Human Rights, the Under-Secretariat for Justice, the Chilean Gendarmerie (GENCHI), and the Ministry for Women and Gender Equity. In May 2017 it was sent to the Office of the Comptroller-General of the Republic for acknowledgement. The Regulations focus on the rights of persons deprived of their liberty, with a gender perspective, and on social reintegration. It calls for differentiated treatment of children entering detention centres; and it enshrines the principle of equality and non-discrimination, both sex and gender being defined as categories that shall not give rise to distinctions affecting rights.
95.It is an established duty of the Government to pay special attention to the health of pregnant women and new mothers up to one year after childbirth. In addition, in the event of obstetric emergencies or for delivery assistance, women will preferably be transferred in emergency vehicles to the premises of the public health network. During transfer and confinement, women shall be in the custody of female officers only, and in no case may shackles, handcuffs or other similar devices be used. They must also have suitable spaces and facilities to meet their hygiene needs, taking into account their physical characteristics, including breastfeeding, pre- and post-natal care and treatment, as well as the care of breastfeeding children, who may remain with their mother until they are two years old. Further, the temporary segregation measure may not be applied to pregnant women nor for six months after the end of pregnancy, or to nursing mothers or women accompanied by their children.
96.Prominent among the measures taken to implement the recommendations of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT/OP/CHL/1) is the bill (Bulletin No. 11245-17) designating the National Human Rights Institute as the national mechanism for the prevention of torture and establishing a system of regular visits to detention centres. It will have a committee whose mandate will be to periodically examine the treatment of persons deprived of their liberty and make recommendations to the authorities, while also proposing amendments to laws or regulations pertaining to torture; to prepare an annual public report detailing the work carried out and its specific recommendations; and to promote and carry out training, information and awareness-raising activities for citizens, among other tasks. In addition, the Ministry of Justice and Human Rights will convene a panel towards the end of 2017 to monitor the recommendations of the Subcommittee on Prevention of Torture.
Marriage and family relations [Sustainable Development Goal targets 5.1, 5.3 and 5.a]
97.The State of Chile, in response to concerns expressed by the Committee on the Rights of the Child about the possibility that girls aged 16 or 17 years may marry with parental consent, has introduced into Congress a bill (Bulletin No. 9850-18) that seeks to raise the minimum age of marriage to 18 years. The bill is now at first reading stage in the Chamber of Deputies.
98.As regards the existence of safeguards to protect girls who have been authorized to marry, once they marry, they become legally emancipated; that does not, however, endow the child with legal capacity, so it is necessary to appoint a guardian to represent her and administer her property (article 273 of the Civil Code). The Civil Registry and Identification Service has adopted the following measures: (a) persons aged 16 or 17 years must appear before the Service at the time they declare their intention to marry, together with the person authorizing them to do so; and (b) the Service offers talks and courses dealing in particular with the nature of marriage, its duties, the principles that inspire it, its characteristics, the requirements for the existence, validity and registration of religious marriage, the purposes of marriage, and marital property regimes. In 2017 there have been 73 marriages of girls aged 16 or 17 years, accounting for 0.15 per cent of the marriages entered into during the same period. More information will be found in the Annex, section E.
99.Two initiatives are pending in Congress (bulletins Nos. 1707-18 and 7727-18, consolidated with bulletins Nos. 7567-07, 5907-18) on amendments to the marital property regime. Both are at second reading stage in the Senate. With the goal of putting an end to the discrimination experienced by women in the administration of common and personal property, the legislative programme of President Michelle Bachelet Jerian’s Government includes an amendment to the marital property regime that is expected to be brought before Congress in the coming months, in part in order to comply with the Committee’s recommendation (CEDAW/C/CHL/CO/5-6, para. 47) and general recommendation No. 21 of the Committee (paragraphs 30 et seq.).