Chile presents the first parity Constitution with a gender perspective

A street vendor offers copies of the Chilean Constitution in downtown Santiago.

If the nearly 15 million Chileans called to vote in the plebiscite on September 4 decide to approve the new Constitution, the text will be the first fundamental Charter in the world drafted jointly (77 women and 77 men).

Precisely the concepts of parity and gender perspective go through the constitutional draft that seeks to respond to the demands of the 2019 riots —marked by episodes of violence—.

The protesters of the feminist movement who took to the streets demanded, among other actions, equal opportunities, the right to abortion and the end of the patriarchal culture.

In the 372 articles drafted by the members of the Constitutional Convention, and which have been presented to the public this Monday, new fundamental rights in terms of gender are recognized.

The right to a life free of gender violence in all its manifestations —including in the digital space—, to receive comprehensive sexual education or care are some of them.

For decades, women-led civil society movements have pushed for unpaid care work to be recognized in the domestic sphere.

In the text, the State guarantees that care is carried out in conditions of equality and co-responsibility through a Comprehensive Care System, standards and public policies.

One of the proposals that has raised the most hives among conservatives is the article on sexual and reproductive rights, which guarantees the right to decide freely, autonomously and informed about one's own body, reproduction and contraception.

The State must ensure the conditions so that a woman or a person with the capacity to gestate can develop a pregnancy, a voluntary interruption of it, a childbirth and a voluntary and protected maternity.

"The law will regulate the exercise of these rights," reads the document.

This means that the limits of up to what week an abortion could be done would be defined in Congress.

The constitutional proposal structured on the basis of recognition of gender diversity is marked by parity.

All state collegiate bodies, as well as the boards of public and semi-public companies, must have a parity composition that ensures that at least 50% of their members are women.

It is in writing that any form of discrimination is “prohibited”.

Political organizations must implement gender parity in their management spaces and the electoral system must ensure that the lists are headed "always by a woman."

The police and the Armed Forces, predominantly male spaces, will have to incorporate the gender perspective in the performance of their functions and promote parity in decision-making spaces.

Another point that has raised criticism is that of the jurisdictional function.

The courts, whatever their jurisdiction, must resolve cases with a gender perspective, the text points out.

Those who reject the regulation believe that this subsection could affect the impartiality of the courts.

“The justice systems – the Judiciary ceases to exist – must adopt all measures to prevent, punish and eradicate violence against women, diversities and sexual and gender dissidence, in all its manifestations and areas,” the article states.

Regarding gender violence, the State must adopt the necessary measures to eradicate it, directing its actions to prevent, investigate and punish it, as well as provide care, protection and comprehensive reparation to the victims.

In the section on the right to housing, the text includes that the State must guarantee the creation of shelters in cases of gender-based violence and other forms of violation of rights, as determined by law.

There is a specific article to prevent violence and overcome inequalities faced by rural women and girls.

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