Chile to Meet International Obligations on Sexual Diversity

The UN High Commissioner for Human Rights released this week its report. There, the commission said that after three years Chile received its Universal Periodic Review, that Chile has only “partially complied with contradictions and” two of its four commitments on sexual diversity rights.

After the Minister of Justice, Theodore Bank, presented on Monday in Geneva in mid-term report of the Universal Periodic Review (UPR) in the framework of 19 session of the Human Rights Council United Nations, the Movement Homosexual Integration and Liberation (MOVILH) told the UN that Chile is behind because “it has only partially complied with contradictions and” two of the four international commitments on sexual diversity rights.

Indeed, introducing the UPR in May 2009 the State of Chile received and accepted various recommendations from different countries of the UN, including those from New Zealand, the Kingdom of the Netherlands, Czech Republic and Sweden, which requested changes for equal rights for sexual minorities.

Specifically, it recommended that Chile adopt legislation against discrimination, revise Article 373 of the Penal Code that punish offenses against decency and morality morality serves to arbitrary arrests and police abuses against sexual minorities, and adopt policies public that refer to sexual orientation and gender identity and use to guide their actions to the Yogyakarta Principles, a global expert document that lists 29 in human rights for sexual diversity rights, calling on States to respect them.

In an alternative report submitted to the UN High Commissioner for Human Rights, Navanethem Pillay and Regional Representative for South America in that instance, Amerigo Incalcaterra, Movilh expressed concern that two years of submitting its next UPR, Chile has failed to meet even half of their commitments.

The agency stated, inter alia, that the Bill to Establish Measures against Discrimination has not only approved, but its current version is very different from that originally entered the National Congress in 2005, to a point that contains elements that are contrary to the recommendations of the UN and not fall short of international standards.

Regarding Article 373, the Movilh said that since 2007 has been stalled in Congress a bill repealing the rule, which has meant that lesbian, gay, bisexual and transgender people are subject to arbitrary detention, humiliation and beatings from police for no other reason to express their feelings or identity in public spaces.

For these and other reasons the Movilh explained that the Yogyakarta Principles, which among other things demand the legal and social equality, have been complied with contradictions, for while there have been advances in public policy, these are very specific and no circumstances give comprehensive response to the variety of abuse and inequality suffered by sexual minorities in Chile, with no universal respect for human rights of the social sector.

In that sense, and from a more positive, Movilh out as political progress against homophobia and transphobia from the ministries of Health, Education and Labor, and the inclusion of a question about same-sex domestic partners in the Census 2012 and sent to Congress by the Executive Life Partner Agreement, among others.

“Lacking a little over two years for Chile accountable for their commitments definitive, we consider it appropriate to get our own report to the UN, in order to help the state put the throttle to full compliance of the recommendations received before 2014 since then the international community, if possible, new and just calls attention to our country, “the Movilh

The recommendations made in 2009 to Chile took place after the Movilh deliver to the Chancellery of the past administration varied background on the situation of sexual minorities, which were partially included in the UPR, and after the same organization claimed in December 2008 the abuses suffered by lesbian, gay, bisexual and transgender event held in Santiago with the representative of the High Commissioner for Human Rights, Margarita Uprimny, who visited the country with a view to presentation to the UN’s Universal Periodic Review.

Observations also influenced a report on the reality of trans people presented by the Organization for the Dignity Transsexual Diversity of Rancagua in the round of the UPR, 2009.

Translated from Spanish
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