A/HRC/12/50
objection, but any change in giving protection to service personnel who attempted to refuse
illegal orders should be commended.
431. The Federation for Women and Family Planning regretted Chile’s decision to reject
the recommendations in paragraphs 24 (b) and 37 (a). The failure to implement these
recommendations and to ensure that women and girls have access to safe therapeutic
abortion violated Chile’s international human rights obligations. With respect to the
implementation of recommendation 27, it urged Chile to, inter alia, provide protection for
transsexuals, travesties and women engaged in sex work; implement sensitization
programmes for State officers on gender identity; create employment policies for
transsexual individuals; and that gender identity be established following a protocol for care
that did not violate the rights or dignity of transsexual individuals.
4.
Concluding remarks of the State under review
432. On the issue of reproductive health, Chile explained that, since the 1960s, it had
made considerable advances in terms of maternal and child health care by having set up a
free public health-care network, based on primary attention by doctors and other
professionals throughout the country. For this reason, Chile was among the few countries
likely to reach the Millennium Development Goals of reducing maternal mortality.
Obstetric care, including attention to complications resulting from abortion, was provided
in hospitals regardless of their cause.
433. Chile pointed out that its family planning programme had been in place since 1967,
and that it provided free contraceptives to women. Emergency contraceptives were
available under the express instruction of the Ministry of Health, and were handed out free
by most municipal offices and non-governmental organizations. The Government had
recently sent a draft bill to make these arrangements by the Ministry mandatory. Women
also had free access to sterilization, without requiring the husband’s authorization, if
globally accepted conditions were first met. Forced sterilization was illegal.
434. Induced abortion was forbidden by legislation, but the idea of reintroducing
therapeutic abortion was part of the ongoing electoral discussion. The Ministry of Health
had also instructed health services that, although abortion was illegal, no confessions
should be extracted from women requiring medical care because of an abortion, especially
when such a confession was required as a precondition for medical assistance.
435. Regarding indigenous peoples, Chile explained that the Government was seeking to
increase their participation in decision-making. Over the years a range of goals had been
achieved, such as the approval in the Senate of the proposal to constitutionally recognize
indigenous peoples; the promulgation of a law relating to the maritime space for indigenous
peoples; and the incorporation of norms adopting the concept of interculturality in
education.
436. Chile explained that 650,000 hectares had been transferred to indigenous
communities since 1994. The Government had increased grants for indigenous students and
improved intercultural health programmes for indigenous peoples. It had built intercultural
kindergartens and developed a rural infrastructure programme for indigenous communities
to have better roads. Indigenous peoples were also granted housing subsidies.
437. Despite progress in these areas, Chile had seen increased conflict, especially
regarding demand for land. The Government regretted the death of Mapuche activist Jaime
Mendoza Collío in August 2009, which had been condemned by the President. Chile
informed a police officer was on trial.
438. Chile reported that the Government had recently appointed a minister as coordinator
for indigenous issues, and would table a project in Congress to restructure the national
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