CEDAW asks the State of Chile to approve the Gender Identity Law

The Committee on the Elimination of Discrimination against Women (CEDAW) during the 69 session in which the progress of the Chilean government was reviewed in this matter and OTD Chile intervened by Dania Linker, who is social worker and the person in charge of the investigation unit, talked about her recommendations in which the country will be moving forward in the next two years.

Commissioners regretted that gender identity bill still pending, despite the fact it has already been processing for 5 years. They also showed that the law 20.609, better known as Zamudio Law, has a limited scope and does not have an effective and full implementation.

In the legal document makes clear that there is no an adequate legal protection for women which causes an increase in discrimination against transgender, intersex, bisexual and lesbian. For this reason, is called to create a specific complaint mechanism for these cases.

They also suggested giving training to the Judiciary and Senators in order to address the discrimination and rights violations suffered by lesbian, bisexual, transgender and intersex women.

In relation to intersex people they expressed concern because there are no clear laws that prohibit medical interventions to children. In addition, looked to provide access to justice for those who were subjected to these interventions, along with provide a compensation for the damage caused.

Commissioners of Cedaw also expressed concern about the gender-based violence that would have state agents against lesbian, bisexual and transgender people.

The government was given the task of giving not only a thorough definition of each and every discrimination concerning a woman, but also the establishment of a legal complaint mechanism for two years to come.

They also showed concern to the limited and occasional participation of social organizations in the design and observation of policies that promote equality, mostly in vulnerable women.

Finally, the government is suggested to expedite the bill about having the right for women to an aggression-free life that involves the intersectionality between violence and discrimination, primarily in migrating and native/indigenous women with some disability, lesbian, bisexual, transgender or intersexual.