Observación (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Application in practice of the procedure for the protection of fundamental rights. The Committee notes the Government’s indication that, as yet, no court decisions have been handed down pursuant to Act No. 20087 of 3 January 2006, which establishes a special procedure for the protection of the fundamental workers’ rights set out in article 19 of the Political Constitution of the Republic and section 2 of the Labour Code, but that it will provide relevant information concerning any court decisions handed down on this matter in future reports. The Government adds that Decision No. 2210/03, issued in June 2009, is designed to increase the effectiveness of the above Act and support public officials when examining administrative complaints relating to the violation of fundamental rights by standardizing procedures. The Committee requests the Government to provide information on any court decisions handed down pursuant to the special procedure to guarantee the right to equality in employment.

Discrimination based on sex. The Committee recalls that in its previous comments it requested the Government, with a view to granting spouses equal rights, to take steps to amend section 349 of the Code of Commerce, which provides that, unless at the time of the marriage, the couple made an agreement choosing the separate property regime, a married woman may not enter into a commercial partnership agreement without special permission from her husband. The Government indicates that the Bill amending the marriage regime (Bulletin No. 1707-18) is undergoing its second constitutional reading in the Constitution, Legislation, Justice and Regulations Commission of the Congress and that in view of the difficulties encountered in approving the Bill, a technical committee has been set up comprising representatives of the opposition, the National Service for Women and the Ministry of Justice and is currently working to achieve consensus on this matter. The Government indicates that it is hoped that the Committee will submit a proposal during the second half of 2010. The Committee requests the Government to continue providing information on the progress made in adopting the Bill amending the marriage regime to ensure that women who did not marry under the separate property regime may enter into a commercial partnership agreement without special permission from their husbands.

Discrimination on the ground of political opinion. The Committee recalls that it has been asking the Government for many years to explicitly repeal Legislative Decrees Nos 112 and 139 of 1973, 473 and 762 of 1974, 1321 and 1412 of 1976, as well as the provisions of certain rules in the statutes of various universities which allow the rectors of Chilean universities broad discretion to abolish academic and administrative posts. The Government once again points out that these Decrees have been tacitly repealed and superseded by certain legal texts which were enacted and published more recently, namely the Political Constitution of the Republic, Act No. 18875 establishing the general basis of the administration of the State and Act No. 18834 on the Administrative Statute. The Committee notes with interest that, for the first time, Legislative Decree No. 3 of 10 March 2006 of the Ministry of Education, published in the Official Journal of 2 October 2007, which establishes the by-laws of the University of Chile, does not include the possibility of expelling or refusing admission to teachers, students or administrative staff on grounds of their political activities. The Committee also notes that the statutes of the University of Santiago de Chile are currently being revised. The Committee once again requests the Government to take the necessary measures to expressly repeal Legislative Decrees Nos 112 and 139 of 1973, 473 and 762 of 1974, 1321 and 1412 of 1976 to ensure greater legislative coherence and requests the Government to include texts of the statutes of the country’s universities in its next report.

Indigenous peoples. The Committee notes that, on 15 September 2008, the Government of Chile ratified the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Committee will, therefore, continue to examine the matters relating to indigenous peoples in the context of its regular examination of the application of Convention No. 169.

The Committee is raising other points in a request addressed directly to the Government.