Chile

---

The Government of Chile is constantly working towards social justice, promoting equal opportunities and guaranteeing equal access to rights and resources for all. It recognizes that, in order to achieve these objectives, it is essential to first achieve effective gender justice, for which it: carries out concrete actions, including the following:

1. In international matters. Chile has become a party to the following international treaties:

- Convention No. 100 on Equal Remuneration (1951), ratified on 20 September 1971.

- Convention No. 111 on Discrimination in Employment and Occupation (1958), ratified on 20 September 1971.

- Convention No. 190 on Violence and Harassment in the World of Work and Gender-based Violence and Harassment in Particular, ratified 12 June 2023. This is the first international convention that addresses the issue and establishes guidelines and recommendations, which seek to respect, promote and ensure that all persons of a world of work are free from violence and harassment.  The convention adopts an inclusive, integrated and gender-sensitive approach, shifting the paradigm from sanctions to prevention.

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), ratified by Chile in 1989, which includes important provisions on the protection of gender equality.

- Optional Protocol to CEDAW, ratified by Chile in 2020, which incorporates the possibility for women to file individual complaints about violations of their rights in relation to CEDAW.

- Convention on the Rights of the Child (CRC), ratified in 1990, which includes important provisions on children's development.

- 2030 Agenda for Sustainable Development, which includes among its objectives the achievement of gender equality and the empowerment of women and girls, to which Chile is fully committed.

- Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belem do Para), ratified by Chile in 1996, which aims to eliminate gender-based violence in the Americas.

2. In terms of national legislation, Chile has implemented regulations that have made it possible to put into practice, various public policies to advance the promotion of equal pay:

- Law No. 20.348, which "safeguards the right to equal pay". Published in 2009, it modified the Labour Code in order to safeguard the right to equal pay for men and women in the same job.

- Law Nº21.561 which establishes a 40-hour work week, incorporating among its measures, social co-responsibility, by introducing time bands that allow caregivers to enjoy differentiated start to their workday, helping to make it compatible with the start of the children’s school day.

- Law Nº21.645 on the Reconciliation of work, personal and family life, which establishes the right of workers to request hybrid working arrangements.  A major change in this law is the principle of co-parenting, allowing improved access of women to the world of work.

- Law Nº21.614 which strengthens the level of insurance under the Sanna Law, extending the number of leave days from 90 to 180 for working mothers and fathers of children affected by serious illnesses.

- Law No. 21.545, which establishes the promotion of inclusion, comprehensive care and protection of the rights of persons with autism spectrum disorder (ASD), allowing workers who have legal guardianship over children diagnosed with ASD and who are enrolled in kindergarten, primary and secondary education to use a leave of absence in case of emergency.

- Law 21.643, which modifies the Labour Code and other legal frameworks regarding the prevention, investigation and sanctioning of sexual harassment and violence in the workplace.  Known as the ‘Karin Law’, it establishes a new regulatory standard which places the prevention of violence in the workplace at the centre, allowing women and all workers in general to enjoy a safer working environment.

Currently, a bill is being processed in the National Congress that 1 "Amends the Labour Code with the aim of improving the regulation of the principle of equal pay for men and women" (BULLETIN Nº10.576-13: consolidated with Nº12.719-13 and Nº14. 139-34), proposes to address the wage gaps identified in law Nº20.348, through concrete mechanisms such as the evaluation of jobs or functions in the case of large companies, the elaboration of equality plans that allow for improvements in this regard, and the establishment of follow-up actions to reduce the wage gap.   

The National Congress is also considering a bill that "Provides for the right to a crèche for female and male workers, and the self-employed, and creates a solidarity crèche fund" (Bulletin 14. 782-12).  The bill provides for the creation of the Childcare Fund and the advancement of effective co-responsibility for the promotion of female employment.

The Chilean Government's membership in EPIC reaffirms its commitment to social justice and gender equality. EPIC provides a framework for multiplying existing equal pay initiatives through its outreach and impact, raising awareness, sharing knowledge, engaging in innovation, and enhancing initiatives and programmes that have already yielded positive results.