Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Chile (Ratification: 1971)

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The Committee received observations from the Single Central Organization of Workers of Chile (CUT-Chile) on 13 September 2018 containing allegations of acts of discrimination on the basis of political opinion in a context of a change of government. In this regard, the Committee notes that the CUT has also made a representation under article 24 of the ILO Constitution containing the same allegations. The Committee notes that an ad hoc tripartite committee of the ILO Governing Body examined the representation and made conclusions and recommendations. The Governing Body concluded the procedure at its session in March 2023 (GB.347/INS/18/5).

Article 1(1)(a) of the Convention. Discrimination based on sex. Legislation. The Committee notes that, according to the database of the Chamber of Deputies of Chile, the Bill to amend section 349 of the Code of Commerce which, when adopted, will allow married women who are not covered by the separate property regime to conclude a commercial partnership agreement without the need for special authorization from their husband, is still going through the second constitutional procedure (Bulletin No. 7567-07). The Committee requests the Government to take the necessary measures to amend section 349 of the Code of Commerce.

Article 2. Pensions. With reference to its previous comments, the Committee notes that, according to the 2021 report “Gender gaps in the Chilean social insurance system, direct and indirect factors” (“Brechas de género en el sistema previsional chileno: factores directos e indirectos”), prepared by the Department of Social Insurance Studies of the Subsecretariat for Social Insurance, the establishment of different retirement ages by sex (65 years for men and 60 years for women) and the use of mortality tables differentiated by sex are two parameters which particularly affect gender gaps in pensions. The report indicates that women have to finance a longer period of retirement than men as their statutory retirement age is lower and their life expectancy upon retirement is higher, which requires them to distribute their lower savings over a longer period of retirement than men, implying that their pensions are lower. The Committee observes that, according to the information published by the Government and the Pensions Supervisory Authority, a project is being carried out to reform the pensions system in the country. In this regard, the Committee refers to its 2023 General Survey “Achieving Gender Equality at Work“, paragraph 400. The Committee encourages the Government to take the opportunity of the current reform of the pensions system to adopt measures with a view to ensuring respect for the principle of equality between men and women in relation to pensions, such as the adoption of mixed mortality tables and the equalization of the retirement ages of men and women.

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