President Bachelet: “This is a concrete step in the drive to end the difference between homosexual and heterosexual couples.”
The President of Chile, Michelle Bachelet, enacted the Civil Union Law N° 20.830 during a ceremony at La Moneda Palace, accompanied by the Interior and Public Security Minister, Rodrigo Peñailillo; the Treasury Minister, Alberto Arenas; the Minister Secretary General of the Presidency, Ximena Rincón; the Employment Minister, Javiera Blanco; the Justice Minister, José Antonio Gómez; the Health Minister, Carmen Castillo; and the Culture Minister, Claudia Barattini.
“Today, accompanied by representatives from civil society and members of Congress from all political sectors, we are taking an important step forwards on the road of rights, justice and respect for individual freedom. Today we are enacting a law that formally recognizes common-law relationships between same sex couples and between men and women”, she explained.
It is estimated that more than 2 million Chileans are currently living together in common-law relationships.
“With the Civil Union Law we are opening up our institutions, institutions which were once indifferent to and even dismissive of such relationships, so that those who had been side-lined will now be accepted and protected. Because our institutions must answer to society’s needs and not the other way round”, she confirmed.
She added: “We say that the State recognizes you for what you are: partners and families. We say that this is a concrete step in the drive to end the difference between homosexual and heterosexual couples. We say to those who do not crystallize their partnership through marriage, that we do not want this to undermine your wellbeing, or the wellbeing of your partners or children. We do not want to leave any gaps unprotected.”
The new law will recognize Civil Union partners as family, which includes each partner’s relatives. As such, they will be entitled to all of the rights legally afforded to close family members.
Furthermore, the law ends the discrimination faced by common-law couples, such as not being allowed to visit partners in hospital, make medical decisions on their behalf or decide what to do with their remains in the event of a partner’s death.
“The Civil Union Law also regulates the property of civil partners. In principle there is separation of property however; a couple can opt for a community property arrangement when they enter the civil union. This means agreeing to form a joint property”, the President added.
The law also establishes that civil partners can be registered as dependents for the purposes of public or private healthcare. Additionally, civil partners will automatically inherit from each other: the surviving partner will be entitled to the deceased’s compensation and final salary.
The first civil unions are expected to take place before the end of the year, as there is a six-month period to bring Chile’s legislation up to date and set up a Special Civil Union Registry.
“This law recognizes the rights of all common-law couples, whatever sex they may be. But it is also a landmark moment in the fight for sexual diversity rights. These couples are the ones who have fronted this demand for equality; they are the ones who have championed respect for one another. They are the ones we want to thank especially today, for this historic milestone in the drive for civil rights”, she stressed.
