Sebastián Piñera enacted the Gender Identity Law

The initiative passed review by the Constitutional Court as it came from Congress. What's left for it to take effect?

Photo: Josean Rivera 
In a ceremony led by Chilean President Sebastián Piñera, the Gender Identity Law was enacted. It now awaits implementation through several further stages, and it is estimated that it will not come into effect for another six to ten months.

The government announced that the initiative passed the Constitutional Court's review without changes, despite the "observations" presented by the legislative bloc of the ruling party, Chile Vamos, to that body.

“This law is a significant step forward for the rights of the trans community, because it is an explicit legal recognition of their identity. However, it is urgent that the regulations be approved as soon as possible so that the law can come into effect in the shortest possible time,” Juan Enrique Pi, executive president of the Iguales Foundation, told Presentes after the law's enactment.

According to Constanza Valdés, a lawyer, trans activist, and gender advisor, an administrative process now begins that will take at least five months and a maximum of ten: first, it has to be published in the Official Gazette, and then the Ministries of Social Development, Health, and also the Civil Registry, have to issue the regulations.

"The Ministries of Development and Health must regulate the support services for children and adolescents provided for in the law; and the Civil Registry must oversee the legal process for changing one's registered sex." After that, 120 days will have passed before the law comes into effect.

One more step in a battle that continues

“One of the main challenges ahead is the implementation of the support program for children under 14, who were not included in the legislation and which will depend on the Ministry of Social Development; we hope that our organizations will be invited to participate in its development,” Pi added.

Similarly, Movilh spokesperson Rolando Jiménez stated: “It is a step forward in the quality of life for the trans population. However, it has two major omissions: it excludes minors under 14 years of age and forces married people over 18 to divorce.”

For Valdez, there are many outstanding issues: from the inclusion of children under 14, to matters of economic, social, and cultural rights, to issues of discrimination. "This will require another law and will take years. Therefore, the variables become more complex, especially because there will probably be another government, and there's a high probability that it will be another right-wing government," he added.

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