Gender Identity in Chile: Pending Challenges for Effective Protection

Abstract

This article critically examines the right to gender identity in Chile, with a particular focus on its legal recognition and implementation in relation to the rights of transgender children and adolescents. A qualitative methodology is employed, based on the analysis of legislation, legal doctrine, and jurisprudence, including a review of Chilean law (Law No. 21.120), relevant international human rights instruments, and significant decisions issued by national courts. The findings indicate that, despite certain normative advances, substantial legal deficiencies remain. These include the exclusion of minors under the age of 14 from the legal procedure for amending their officially registered name and sex; the lack of recognition for non-binary identities; and the requirement of legal representation for adolescents, which contradicts foundational principles such as the evolving capacities of the child and the primacy of their best interests. Furthermore, the study identifies specific adverse impacts on access to healthcare and education, particularly in contexts where structural discrimination persists. The article concludes that it is essential to advance towards an interpretive approach that effectively guarantees the right to live in accordance with one's self-identified gender. It also advocates for comprehensive legal reforms and inclusive public policies that ensure the full exercise of this right. © 2021 by the authors.