After the plebiscite in which the constitutional proposal that urged the State to guarantee the right to real equality and protect historically excluded groups against all discrimination was rejected, How has the fight of LGBTIQ+ organizations progressed in Chile after almost a year of these votes??
Although the work carried out by civil society organizations within the framework of the previous constituent process managed to capture articles that made a direct relationship to historically excluded groups and our communities,, with the result of the plebiscite that rejected said proposal, the scene changed radically.
And with the result that was obtained, and the subsequent election for new constituent councilors, being mostly (50%) representatives of the Chilean Republican Party, far right party, ultra conservative and anti rights, in addition to the elected councilors of parties sympathetic to that ideology, They obtained the absolute majority in the process, and therefore, with the possibility of approving and rejecting proposals without the need to reach agreements with other political forces.
The result of this has been seen in the current constituent process, that flatly rejected guaranteeing fundamental rights for our communities, denying the existence of real equality, as well as norms regarding the equality of women in society. This, added to the communication platform that the current constituent councilors have had, has caused the legitimization of various anti-rights discourses, discriminatory and hateful, slowing down and reversing the progress that had been made on legislative issues, normative and social.
The result is a withdrawal of social organizations that promote the rights of historically excluded groups., to be able to continue advancing in legislative matters, judicial and social, for example in the context of the reform of the anti-discrimination law, or the law that protects trans children from suicide due to bullying, and others related to the implementation of public policies such as the education circular 0812 for trans children in educational or health access establishments. All this in a context of uncertainty about the outcome of the new constituent process., and how this could affect our rights if approved.
What does the parity democracy that was proposed in the draft of the new constitution?
The parity democracy proposed in the previous constitutional process guaranteed that both the State organs, decision making, and those in which the State has participation, would be integrated into at least one 50% by women, ensuring mechanisms so that sexual and gender diversities could participate in them, in equal conditions. Currently parity was rejected from the new constituent process.
What type of complementary laws are needed in Chile for social change to be definitively established in the country for LGBTI+ people??
It is necessary to update regulations to a legal level so that situations currently contemplated by circulars are effectively regulated in a law for this purpose.. Progress is needed in updating the current anti-discrimination law that establishes access barriers to exercise it.. The gender identity law must also be updated to allow the change of name and registered sex of minors. 14 years, and non-binary people.
It is necessary to advance in a trans health access law that allows access to surgeries, hormonal therapies, psychological support and take care of medical emergencies derived from biopolymers in the bodies of many older trans people, as well as a comprehensive sexual education law that guarantees respect for sexual and gender diversities..
A law of recognition and reparation is urgently needed for people from the LGTBIQ+ community who have historically been victims of violence and systematic discrimination throughout their lives.. In addition to any advances in legal matters, These must always be accompanied by complementary public policies so that in the execution of the rights contemplated therein, new discriminatory situations or violations of rights by public officials do not occur., that undermine and reproduce the historical exclusion that our communities have suffered.
