Lesbian, gay, bisexual, and transgender (LGBT)
persons in Chile
may face legal challenges not experienced by non-LGBT
residents. Both male and female same-sex sexual activity is legal in Chile
, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
Law regarding same-sex sexual activity
Same-sex sexual activity is legal in Chile since 1998. In Chile the current law against sodomy
states that the age of consent
for homosexuals is set at 18, whereas the age of consent for heterosexual
sex is lower at 14.
In July 2009 a new Penal Code
was drafted and might pass soon and will get rid of all the old criminal laws, even the age of consent which is still unequal in 2009 (see above). Under the draft Penal Code
, the age of consent will be equal for all individuals at 18, regardless.
A landmark case, brought in 2005 by Andres Rivera, the founder of the only NGO in Chile dedicated to fighting for trans people's rights, won the right for trans people to legally change their name and sex in 2007.
Recognition of same-sex relationships
There is currently no legal recognition of same-sex couples
in Chile. However, the government has proposed recognition of civil unions
for same sex couples with a bill being introduced in 2004.
Public opinion has shown substantial support... Read More