1st April 2024

Equality Now, Comunidad de Derechos Humanos, and Red de Libertades Laicas submitted an Amicus Curiae to the Constitutional Court of Chile

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Summary

Committed to strengthening women’s rights and promoting an education free from violence and discrimination, Equality Now, in collaboration with the Comunidad de Derechos Humanos and the Red de Libertades Laicas, submitted an amicus curiae to the Constitutional Court of Chile. This document contributes to the debate on Article 12 of the Bill, which advocates for women’s right to a life free from violence, specifically targeting the educational sector.

The amicus centres on Article 12 of the Bill (Bulletin 11.077-07), which underscores the importance of fostering non-sexist and gender-equal education in state-recognised educational institutions. It also calls for the inclusion of internal regulations that promote equality in dignity and rights and the prevention of gender-based violence in all forms.

A group of legislators has questioned the constitutionality of the second paragraph of Article 12, claiming it might infringe upon the rights of parents to educate their children according to their moral and religious convictions. These representatives argue that non-sexist education could restrict teaching freedom by promoting a singular perspective on sexuality that excludes other viewpoints.

Equality Now and our partners defend the validity and necessity of Article 12, asserting that it aligns with the Constitution and aims to ensure gender equality and prevent violence against women, adolescents, and girls in the educational realm. The amicus curiae highlights that the proposed regulation is crucial for transforming patriarchal structures and eradicating enduring gender stereotypes in education.

Requests to the court:

Declare the Constitutionality of Article 12: We request that the Court affirm the constitutionality of Article 12, reinforcing Chile’s commitment to international human rights standards and non-discriminatory education.
Adoption of Educational Measures: We urge the Chilean state to implement policies that foster an education based on gender equality and mutual respect, including revising curricula and training teaching staff in gender sensitivity.

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