Concluding Observations, CEDAW/C/CHL/CO/5-6, 12 November 2012: Chile
Definition of equality and non-discrimination
10. While noting that the new anti-discrimination legislation includes the prohibition of discrimination based on sex, gender identity and sexual orientation, the Committee remains concerned that the State party failed to incorporate, in this legislation, a comprehensive definition of discrimination against women in accordance with article 1 of the Convention, and the principle of equality between women and men in accordance with article 2 (a). Furthermore, the Committee notes with concern that, while the Convention refers to the concept of equality, the terms “equality” and “equity” are used in the State party’s plans and programmes in such a way that could be interpreted as being synonymous or interchangeable.
11. The Committee calls on the State party to:
- adopt a comprehensive legal definition of all forms of discrimination against women, covering both direct and indirect discrimination, and to establish, in its Constitution and/or other legislation, the principle of equality between women and men in accordance with article 2 (a) of the Convention, with a view to achieving formal and substantive equality between women and men;
16. While welcoming the recent legislation providing for parental leave for men (ActNo. 20.545), the Committee remains concerned about the persistence of traditional stereotypes regarding the roles and responsibilities of women and men in the family and society, which overemphasize the traditional roles of women as mothers and spouses and continue to affect their educational and professional choices. Furthermore, the Committee is gravely concerned that, as acknowledged by the delegation during the dialogue, certain groups of women face multiple forms of discrimination and violence on grounds such as sexual orientation, gender identity, indigenous origin, or being HIV/AIDS positive
17. The Committee recommends that the State party:
- Increase its efforts to assist women and men in striking a balance between family and employment responsibilities, inter alia, through awareness-raising and education initiatives for both women and men on adequate sharing of care of children and domestic tasks;
- Transform its recognition of the problem of multiple forms of discrimination into a comprehensive strategy to modify or eliminate stereotypical attitudes, in order to implement the new anti-discrimination law.
Marriage and family relations
46. The Committee notes the statement of the delegation informing it that a bill on de facto unions, which includes same sex relationship, is before the Senate., The Committee is deeply concerned about the persistence of legislation which discriminates against women with regard to the administration of marital property and reiterates its concern that legal reform in this regard has been pending since 1995 (CEDAW/C/CHI/CO/4, para. 9).
Link to full text of the report: Concluding Observations-CEDAW-Chile-2012-eng