A/HRC/41/6/Add.1
29.
Recommendation 125.74 is not accepted. This is because alleged police abuse in the
context of peaceful protests are investigated and, if the facts are proven to be true,
punished.
30.
Recommendation 125.87 is not accepted. This is because domestic law not only
recognizes but also guarantees freedom of expression and protects the right of assembly
through various constitutional, legal and administrative mechanisms.
31.
Recommendation 125.89 is not accepted owing to the use of the verb “refrain”.
Under the rule of law, national legislation applies to all citizens equally. The antiterrorism
law applies to all those who engage in the criminal conducts that are defined therein. For
that reason, there can be no prior exemption of individuals from the application of the law
on the grounds of their ethnic origin or belonging to a certain group.
32.
Recommendation 125.91 is not accepted. This is due to the fact that the Public
Prosecution Service, in the exercise of its legal powers, conducts investigations in which
the principles of legality, necessity and proportionality are upheld. In the event of their
infringement, there are jurisdictional mechanisms to safeguard respect for these principles.
33.
Recommendations 125.126, 125.127, 125.132 and 125.133 are not accepted because
Act No. 21.030, which decriminalizes the voluntary termination of pregnancy, provides for
the possibility that persons or institutions may invoke conscientious objection. In the case
of persons, a surgeon who is requested to terminate a pregnancy on the basis of one of the
three legal grounds may express his or her conscientious objection to the director of the
health facility. The same right extends to the members of the team that would perform the
procedure. The requirements and process for invoking conscientious objection are regulated
by Decree No. 67 of 2018 and by the Act itself. Both instruments require the development
of protocols to ensure that women receive care, through referral either to non-objecting
personnel or to another facility that is able to carry out the procedure.
34.
Recommendations 125.130, 125.131 and 125.134 are not accepted owing to the
entry into force, following a broad democratic debate, of Act No. 21.030, which
decriminalized the voluntary termination of pregnancy on three grounds: danger to the
woman’s life, lethal fetal non-viability and pregnancy due to rape. The expansion of these
grounds, which were agreed within the National Congress, is not envisaged. In addition,
national legislation expressly protects motherhood and provides for special support for
vulnerable pregnant women.
35.
Chile does not accept recommendation 125.241. The bill amending national
antiterrorism legislation does not envisage creating exceptions to its general application.
36.
Chile does not accept recommendation 125.260. This is because the rights of
Bolivian citizens in transit to Pacific ports are guaranteed by national legislation and the
implementation of that legislation by public institutions.
Recommendations partially accepted and partially noted by
the Government of Chile
37.
The Government notes recommendation 125.85, while pointing out that the
statement “many victims and their families still have not received the appropriate
reparations from the State” is not consistent with the substantial effort Chile has made in
pursuing reparation policies for the victims of the dictatorship. It accepts the rest of the
recommendation.
38.
Recommendation 125.193 is noted only in respect of the phrase “establish an
independent commission”, given that the Public Prosecution Service – an autonomous body
under the Constitution – is already investigating cases of deaths and reported abuse of
children and adolescents under the care of the National Service for Minors, and that, if
applicable, the judiciary will determine the corresponding penalties and any redress that
might be appropriate. The remainder of the recommendation is accepted.
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