On the pertinence of the new anti-discrimination law to combat the stigmatization of homosexuals in Chile

Abstract

After describing the big transformation experienced over the last few years in both the legislation and social attitudes regarding homosexuality in Chile, this essay argues that –in spite of its defects– the recently introduced Law N° 20.609, which establishes measures against discrimination, represents an important contribution to ensure that individuals with an homosexual orientation are not subject to discriminatory treatment. Indeed, given the relevance that statutory law has as a source of law in the national legal culture, as well as the equivocal interpretation provided by the courts of the constitutional right of equal protection, the aforementioned legislation will contribute to end the legal uncertainty which lesbians and homosexual still experience.