Critical analysis of law 20.609 which establishes measures against discrimination, in the light of international human rights law and OAS conventions against discrimination 2013

Abstract

The Law 20.609 was published in the Official Journal on the
July 24, 2012. The said law establishes anti-discrimination measures. It
surges after years of legislative work and media drive that had a share of
civic society participation due to the tragic death of Daniel Zamudio, as
well as condemnation of Chile for discrimination in the case Atala Riffo at
the Inter American Court of Human Rights. Law promulgation was held
and considered an important advance in human rights and clearly is such.
However, as decisive contribution in situations of discrimination, there are
clear shortcomings that have been raised by the authors. This paper focuses
on the content and some background of this law and specifically criticizes it
from a point of view of the International Human Rights Law and OAS conventions
on the subject adopted in 2013. Authors take a position in favor
of an amendment to the said Chilean legislation. For that purpose the paper
is divided into three sections that respectively reflect international developments, the background and content of the law and, by way of conclusion, consider what changes should be introduced into the national law.