[6] Despite Chile being considered one of the most conservative countries in Latin America for decades,[7][8] currently a majority of the Chilean society supports the recognition of the rights of LGBTQ people.
[14][15] In August 2018, the Constitutional Court again rejected that Article 365 of the Criminal Code was unconstitutional, in a 5-5 vote, validating for the second time in its history that the age of consent for gay men is 18, while for heterosexuals and lesbians is 14 years old.
[1] In March 2015, the Ministry of Foreign affairs issued a circular that recognizes same-sex civil unions and equal marriages performed abroad for residency matters.
[26] On 28 August 2017, President Michelle Bachelet introduced the Marriage Equality Bill, fulfilling an election promise and as part of the friendly settlement signed in June 2016 by the State of Chile with the Movement for Homosexual Integration and Liberation (Movilh), in the context of a lawsuit filed before the Inter-American Commission on Human Rights (CIDH), involving the lack of access to civil marriage by three same-sex couples in Chile.
[46][47] In February 2023, the Superintendence of Social Security issued Circular 3726 that allows same-sex couples to access parental leave benefits under Law 21,400 on Equal Marriage, regardless of their sex, sexual orientation, or gender identity.
From sleepovers and trips to the stadium to reunions with his biological mother and explaining to his classmates why he has two dads, Nicolás leads readers through his everyday life.
[53][54] Article 373 of the Penal Code, based on the "offenses to morals and good customs" has been for years the only legal standard that has used the police to harass homosexuals, even for behavior such as holding hands in public.
A positive reality that has been influenced by the work of the Human Rights Department of Carabineros, which reacted rapidly to any suspicious denunciation of homophobia and transphobia, and promote, among officials, various training lectures.
[57] It describes as illegal discrimination "any distinction, exclusion or restriction that lacks reasonable justification, committed by agents of the state or individuals, and that causes the deprivation, disturbance or threatens the legitimate exercise of fundamental rights.
In June 2014, The Department of Labor officially updated the "Principles regarding the right to non-discrimination" set out in the Labour Code, according to the effects of the anti-discrimination law that includes sexual orientation and gender identity as protected classes.
The Minister Patricia Poblete said that discrimination based on sexual orientation or gender identity is not allowed in any of the services offered by her ministry, so gay couples can apply, without problems, housing subsidies.
[78] In 2012, the Anti-discrimination law amended the Criminal Code adding a new aggravating circumstance of criminal responsibility, as follows: "Committing or participating in a crime motivated by ideology, political opinion, religion or beliefs of the victim; nation, race, ethnic or social group; sex, sexual orientation, gender identity, age, affiliation, personal appearance or suffering from illness or disability.
"[79] In July 2017, ten MPs introduced a bill to amend the Criminal Code to incorporate the crime of incitement to hatred or violence against people based on sexual orientation and gender identity, among other distinctions.
[80] On 4 September 2017, Michelle Bachelet introduced a bill to Congress which would criminalize incitement to violence against a person or a group of people, based on race, national or ethnic origin, sex, sexual orientation, gender identity, religion or beliefs.
[83][84] In November 2016, President Michelle Bachelet enacted the Anti-torture law establishing criminal penalties for torture and cruel, inhuman and degrading treatment.
Relevant bodily abuse and degrading treatment, which seriously undermines their dignity, constitute crimes in accordance with current criminal legislation.
No foreigner with complementary protection may be expelled or returned to the country where their right to life, physical integrity or personal freedom are at risk of vulneration because of their race or ethnicity, nationality, religion or belief, social condition, ideology or political opinion, sexual orientation or gender identity.
It defines crimes against women as any that "represent a manifestation of hatred, contempt or abuse because of gender," and covers physical, sexual, economic, institutional, political and workplace violence.
It provides for a National Human Rights Plan that seeks to prevent discrimination, with specific reference to the anti-discrimination law that protects LGBT people in Chile.
[101] 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.
In July 2022, the Thirteenth Chamber of the Santiago Court of Appeals had ruled in favor of the request to rectify the birth certificate to recognize non-binary gender identity.
[105][106] Law 21.120, which recognizes and protects the right to gender identity, introduced in 2013 and enacted in 2018, establishes a legal procedure that allows the change of name and registered sex in all official documents.
In addition, to become effective, the law establishes the creation of two regulations that include gender transition accompaniment programs for minors, and another on the requirements and accreditation for the change of name and registered sex.
There must be presented a number of witnesses, and according to the requirements of each judge attach psychological and psychiatric evaluations, and certificates evidencing eventual surgical interventions or hormone replacement therapy.
[128] In 2011 the Ministry of Health approved a circular which obliged to call and register transsexuals by their social name in all care centers in Chile[129] and launched the first protocol which at nation level regulated the medical procedures of body alteration.
"[88][89][136][90] In June 2024, the Chilean Pediatric Society said they supported the use of puberty blockers for transgender children and adolescents saying they have "shown positive results in mental health".
[138][139][140] On January 9, 2025, by a vote of 7 to 3, the Constitutional Court upheld a request from President Gabriel Boric and ordered the annulment of section 46 of the 2025 Budget Law that prohibited the Ministry of Health from financing hormone therapies for trans children and adolescents.
In 2012, the commander-in-chief of the Chilean Army Juan Miguel Fuente-Alba, reported the repeal of all rules and regulations that prevented LGBT people from entering the Armed Forces.
[149][150] In 2014, the Ministry of National Defense, established the Committee for Diversity and Non-Discrimination which will aim to advance concrete measures to eradicate discrimination and arbitrary exclusions in the military.
"We consider that the practices known as ‘reparative therapies’ or ‘conversion’ of homosexuality represent a grave threat to health and well-being, including the life, of the people who are affected," they stated.