I. Penal Code

a. Article 373. Those that in any form offend the modesty or good customs with acts of grave scandal or of significance, not expressly understood in other articles of this Code, will suffer the penalty of imprisonment to the minimum or medium degree.

Source: Biblioteca del Congreso Nacional de Chile, Penal Code (Spanish)

II. Other Laws and Policies that are/could be Discriminatory to LGBT People

  • Civil code refers to preferential custody rights for the mother in the case of separation (see below);
  • Ministry of education has programs that promote abstinence;
  • Schools have dress codes;
  • SERNAM excludes transgender people.

III. Civil Code

a. Art. 225. If the parents live separately, the personal care of the children belongs to the mother. Nevertheless, by means of a notary public or before any official of the Civil Registry, subregistered in the margin of birth registration of the child within 30 days following its issue, both parents, acting in a common agreement, can determine that the personal care of one or more children corresponds to the father.

Source: Biblioteca del Congreso Nacional de Chile, Chilean Civil Code (Spanish)

Additional Resources

Chile Shadow Report: Violaciones de derechos humanos de las personas lesbianas, bisexuales y transexuales (LBT): Un informe sombra, IGLHRC 2012 (Spanish)