APRIL 18, 2023

The Reparation for Victims of Femicide and their Families bill becomes law: these are the details

Congress has approved the initiative that establishes a protection regime with direct benefits for the families of victims. 

The Reparation for Victims of Femicide and their Families bill will become law after the Chamber of Deputies approved the initiative. It now only has to be enacted by President Gabriel Boric. 

This important law, championed by the Executive, arose from a parliamentary motion supported by the organizations “Familiares de Víctimas de Femicidio” (Relatives of Victims of Femicide) and “Ni una Menos Chile” (Not One Woman Less Chile). It establishes a protection regime with direct benefits for the families of victims of femicide, strengthening the care mechanisms for those who have been affected by the most extreme expression of gender violence. 

“We are grateful for the approval of this bill supported by women and feminist organizations, in particular Ni una Menos and Familiares de Víctimas de Femicidio, which was drawn up and presented by Karol Cariola and other parliamentarians. As the executive, we took it up, gave it priority and looked for the fiscal resources to be able to finance it,” stated the Women and Gender Equity Minister, Antonia Orellana. 

She added, “this is an important step, which is complemented by our Comprehensive Violence Law bill, currently in the second stage in the Senate, and which we hope will return to this Chamber for prompt approval. Because violence against women is a public safety problem, a problem put on the table by women and feminist organizations, but a problem for the whole country.” 

Goals of the Reparation for Victims of Femicide law 

The goals of the Reparation for Victims of Femicide and their Families law are: 

  • To create a pension for children under 18 years of age of women victims of consummated femicide and femicidal suicide. 
  • To grant preferential access to the State’s social protection system to victims of frustrated or attempted femicide. 
  • To grant the right to job protection to victims of frustrated or attempted femicide (with labor privileges of up to one year from occurrence of the attack). 

The National Women and Gender Equity Service will be the institution in charge of determining the status of victims of femicide, so that they can access state benefits for reparation, via a regulation issued by the Women and Gender Equity Ministry and signed by the Treasury Ministry. 

About the pension

It may be accessed by children of victims of consummated femicide and femicidal suicide who are under 18 years of age (until they are of legal age). It includes children whose mothers have been victims of femicide from the date of said crime before this law came into force, as long as they have not reached legal age. 

About labor protection 

Direct victims of frustrated and attempted femicide will have the right to job protection and will enjoy labor privileges for up to one year after the events occurred. In the case of indirect victims, appearing in investigative or legal proceedings when required by the corresponding authorities will be sufficient cause of justification in case of absence from work.