Experts of the Committee on Economic, Social and Cultural Rights Welcome Chile’s Efforts to Promote Work-Life Balance, Raise Questions on Indigenous Peoples’ Right to Land and Access to Safe Drinking Water
The Committee on Economic, Social and Cultural Rights today concluded its review of the fifth periodic report of Chile under the International Covenant on Economic, Social and Cultural Rights, with Committee Experts welcoming Chile’s efforts to promote work-life balance, while raising questions on how the State was guaranteeing indigenous peoples’ right to land and ensuring access to safe drinking water.
Michael Windfuhr, Committee Expert and Taskforce Member for Chile, said the Committee acknowledged the post-Covid recovery of the labour market and the decrease in the number of young adults not in employment. It further welcomed that in 2023, the Government had agreed to reduce the weekly working hours from 45 to 40 hours per week and introduced a bill that promoted work-life balance.
Karla Lemuz De Vasquez, Committee Country Rapporteur and Taskforce Leader for Chile, said the Committee remained concerned about the limited protection of the right of indigenous peoples to freely dispose of their natural wealth and resources, as well as their ancestral lands. What measures were being implemented to resolve and guarantee the right to property over the lands and territories of indigenous peoples, making it possible to effectively meet the demands for territorial restitution, especially of the Mapuche people, in the face of the historical loss of lands? What mechanisms were available for indigenous peoples to report and receive compensation for violations of their rights to their lands and territories?
Charafat El Yedri Afailal, Committee Expert and Taskforce member for Chile, said in view of the shortcomings in access to safe drinking water, hygiene and adequate sanitation services, particularly in disadvantaged areas and informal settlements, what steps was Chile taking to recognise access to safe drinking water and sanitation as a fundamental right enshrined in national legislation? What measures had been taken by the State to recognise water as a non-commercial public good?
The delegation said Chilean institutions provided for a mechanism in the indigenous law of 1993, with a subsidy mechanism for land acquisition to grant land to indigenous peoples. While the law represented a significant step forward in recognising land rights, and reparations had been provided to communities, institutions were not strong enough to take on all historical requests. A significant number of indigenous communities believed they were eligible for reparations but had not received it, amounting to around 42,000 families. This was why it was so pressing to have institutional reforms on land rights.
The delegation said in 2022, Chile approved the reform of the Water Code, recognising the human right to water and sanitation, declaring water a national public use asset. In Chile, 92.3 per cent of households had access to potable water, with 83 per cent of households connected to the sewerage system. However, there were gaps in rural areas. In concentrated rural areas, there was 100 per cent coverage, but in semi-concentrated areas, it was around 50 per cent for drinking water and only 13 per cent for sanitation. There were several policies to address this.
Introducing the report, Javiera Toro Cáceres, Minister of Social Development and Family of Chile and head of the delegation, said since Chile was last before the Committee in 2015, the country had faced complex and challenging times, notably the social upheaval in 2019 and the COVID-19 pandemic. The State had made several strides, including enacting the law on parental responsibility and effective payment of alimony; increasing the minimum wage and the universal guaranteed pension; and progressing in the universalisation of social rights, demonstrated by the "zero co-payment" policy in the public health system and strengthening the public school system. However, deep inequalities, gaps in access to services, and threats of setbacks in human rights persisted. Ms. Toro Cáceres said Chile was committed to continuing to participate actively with the United Nations treaty bodies.
In concluding remarks, Ms. Lemuz De Vasquez thanked the delegation of Chile for the detailed information shared throughout the dialogue. The Committee was now more familiar with progress made so far and Chile’s plans for the future to meet the provisions of the Covenant.
In her concluding remarks, Ms. Toro Cáceres thanked the Committee for the dialogue which had been a valuable opportunity to review Chile’s progress in achieving economic, cultural and social rights. However, there were also pending gaps to overcome, including inequalities between men and women and territorial inequality gaps.
The delegation of Chile was comprised of representatives from the Senate; the Supreme Court; the Ministry of Justice and Human Rights; the Ministry of Health; the Ministry of Culture, Arts and Heritage; the Ministry of Foreign Affairs; the Ministry of Social Development and Family; and the Permanent Mission of Chile to the United Nations Office at Geneva.
The Committee’s seventy-eighth session is being held until 26 September 2025. All documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Webcasts of the meetings of the session can be found here, and meetings summaries can be found here.
The Committee will next meet in public at 3 p.m. on Monday, 15 September, to begin its consideration of the seventh periodic report of the Netherlands (E/C.12/NLD/7).
Report
The Committee has before it the fifth periodic report of Chile (E/C.12/CHL/5).
Presentation of Report
JAVIERA TORO CÁCERES, Minister of Social Development and Family of Chile and head of the delegation, said since Chile was last before the Committee in 2015, the country had faced complex and challenging times, notably the social upheaval in 2019 and the COVID-19 pandemic. The country had also lived through two constituent processes that presented different projects for the country. In this context, Chile had striven to build a dynamic democracy and strengthened the institutional architecture to guarantee economic, social, cultural and environmental rights. The State had made several strides, including enacting the law on parental responsibility and effective payment of alimony; increasing the minimum wage and the universal guaranteed pension; and progressing in the universalisation of social rights, demonstrated by the "zero co-payment" policy in the public health system and strengthening the public school system.
However, deep inequalities, gaps in access to services, and threats of setbacks in human rights persisted. Some major challenges included consolidating a national care and assistance system encompassing health, education, social protection, and economic development policies from a rights-based and gender perspective; reforming the funding model of higher education and ending the debts for studying for middle class families; and urgent challenges in terms of security, integration and migration control, and inclusion of people with disabilities and indigenous peoples. These challenges required political will to overcome. Ms. Cáceres said Chile was committed to continuing to participate actively with the United Nations treaty bodies.
JUAN ANTONIO COLOMA, Senator of the Republic of Chile, said over the past five years, Chile had made efforts to promote legislative reforms in order to achieve high levels of social protection. The historic agreement for the pension reform was reached after months of heated discussion and political debate in the National Congress. Chile was the country in Latin America with the second longest life expectancy, so there needed to be significant progress on pensions. Personal contributions were raised from 10 to 16 per cent, raising contributions by 60 per cent. Men and women of the same age and same level of savings would receive the same pension. The new system was much more equitable and represented huge progress for the State.
LEOPOLDO LLANOS SAGRISTÀ, Minister of the Supreme Court of Chile, said in October 2023, the Supreme Court created the role of judge in charge of human rights. There was regular coordination on human rights subjects and a formal body had been created for the work to formalise training and overcome challenges. General comment 15 had been particularly mentioned in court rulings in Chile. Training was provided to all those working in the judicial branch, including on human rights and economic, social and cultural rights. The judicial branch was taking part in the national human rights plan and the national plan on business and human rights. The Supreme Court would review and disseminate case law on the rights protected in the Covenant.
Questions by a Committee Expert
KARLA LEMUZ DE VASQUEZ, Committee Country Rapporteur and Taskforce Leader for Chile, said the Committee was pleased to see such a high-level delegation from Chile in Geneva, including officials from the Supreme Court and the Senate. The Committee recognised that Chile had made progress in economic, social and cultural rights, exemplified in a series of normative, substantive and procedural reforms. The Committee had outlined to the State on previous occasions the need to guarantee the comprehensive recognition and necessary legal protection of economic, social and cultural rights in the new Constitutional framework. What progress had been made in this area?
What were the timeframes for the Constitutional recognition of the rights to water, health, education, and social security, as well as the recognition of indigenous peoples? Did the Constitutional reform proposal include specific mechanisms for the protection of indigenous peoples’ collective rights, as well as land restitution and political participation?
The Committee remained concerned about the limited protection of the right of indigenous peoples to freely dispose of their natural wealth and resources, as well as their ancestral lands. The Presidential Commission for Peace and Understanding indicated excessive waiting time faced by indigenous communities for the effective delivery of their lands, as well as the insufficiency of lands acquired to respond to the demands. There were also legislative initiatives that could limit the territorial rights of indigenous peoples, especially those linked to the coastal edge, particularly law no. 20,249, known as the "Lafkenche law".
What measures were being implemented to resolve and guarantee the right to property over the lands and territories of indigenous peoples, making it possible to effectively meet the demands for territorial restitution, especially of the Mapuche people, in the face of the historical loss of lands? What mechanisms were available for indigenous peoples to report and receive compensation for violations of their rights to their lands and territories? How would the State ensure that the application of the "Lafkenche law" and the law on usurpations did not restrict the territorial rights of indigenous peoples?
How did the State ensure that industrial and extractive projects were effectively subject to processes of consultation and free, prior and informed consent with indigenous peoples and affected communities? How was it ensured that the consultations allowed access to information in culturally relevant language and formats? What measures were being taken to ensure adequate, sufficient and sustained funding for the National Institute of Human Rights and the Office of the Ombudsman for Children's Rights?
What measures had been taken to ensure that the nature of the rights enshrined in the Covenant were fully recognised and implemented by domestic courts? What was the time frame with regard to the ratification of the Optional Protocol to the Covenant, and what obstacles had so far prevented its ratification? What specific measures did the State intend to adopt to reform the anti-discrimination law (law 20.609) to include effective mechanisms for redress and application of economic, social and cultural rights in situations of discrimination? What actions were being taken to ensure that the application of the migration law did not lead to persecution, criminalisation or collective expulsion of migrants in an irregular situation?
While acknowledging national progress made in poverty and inequality, the Committee was concerned that such measures had not been effective enough to reduce the inequality gap. What specific measures did Chile intend to adopt to reverse the increase in multidimensional poverty in groups in situations of vulnerability? How was the State ensuring that its policies to reduce inequality and discrimination responded effectively to the demands that gave rise to the social protests in 2019?
Just a few days ago, a contract was signed by the Ministry of Trade to exploit lithium in Chile without the consultation of indigenous persons. What specific measures would the State adopt to move towards the approval of a regulation that regulated human rights due diligence in a binding manner for companies operating in the country and for those of Chilean ownership with operations abroad? What specific measures had the State taken to prevent enforced disappearances, attacks, and threats against human rights defenders, in particular indigenous and environmental defenders? Was there a legislative and regulatory framework for the protection of human rights defenders? What concrete measures were being taken to prevent reprisals, threats and the criminalisation of human rights defenders?
The Committee recognised that in 2022, the framework law on climate change (law 21,455) was approved and that the Biodiversity and Protected Areas Service was also created. How did the State ensure that the framework law on climate change translated into substantive guarantees for communities and the environment in territories affected by mining? What specific measures was the State taking to prevent and combat corruption and how was it ensured that corruption did not adversely affect the allocation of public resources, or citizens’ economic, social and cultural rights? Was there an independent mechanism to combat corruption; if so, how did it operate?
How was the gap in women's political participation and economic decision-making being addressed? What measures were being implemented to promote women's participation in decision-making positions in both the public and private sectors?
Responses by the Delegation
The delegation said the Constitutional reform process began in 2019 in Chile, with a second round in 2023, with the Constitutional amendments being rejected both times. The Constitutional recognition of indigenous peoples was one of the recommendations of the Commission of Peace and Understanding. The Government had started a Constitutional reform process in July 2025 which recognised all the indigenous peoples with presence in Chile, as well as their individual and collective rights. The main issue to be addressed was territorial conflicts between the State and the Mapuche people.
Chilean institutions provided for a mechanism in the indigenous law of 1993, with a subsidy mechanism for land acquisition to grant land to indigenous peoples. While the law represented a significant step forward in recognising land rights, and reparations had been provided to communities, institutions were not strong enough to take on all historical requests. A significant number of indigenous communities believed they were eligible for reparations but had not received it, amounting to around 42,000 families. This was why it was so pressing to have institutional reforms on land rights.
The anti-discrimination law was being reviewed in the third Constitutional review, and the executive had approved legislation to combat discrimination and ensure victims could obtain proper reparation. A bill had been prepared on business and human rights. At the end of 2024, the protocol for the protection of human rights defenders had entered into force. This instrument included a broad definition of a human rights defender. Chile was currently working on its third national action plan on business and human rights, which would include obligations for most State businesses.
The Chilean Supreme Court of Justice recognised that the rights enshrined in the Covenant were part of the State’s legal arsenal. A new law recognised the rights of migrants, as well as principles from international treaties, including the right to family reunification. Chile aimed to bring together migrant families to ensure that the principle of family reunification prevailed.
Chile enacted its climate change framework law in 2024, imposing the obligation of the State to consider climate change and environmental assessments. Citizens needed to participate in environmental assessments. As part of the national lithium strategy, Chile had established a protective network of salt pans, with more planned to be brought under protection. To date, Chile had not made progress on ratifying the Optional Protocol. Chile believed that there was a protective level through access to the Inter-American Court of Human Rights.
Poverty and inequality were still a concern for the State. In 2023, a presidential advisory commission was established to update poverty indicators to ensure the State could have a more demanding methodology for measuring income and multidimensional poverty. The results were currently being analysed by the Government, and would be included in the results of the national and economic survey to be presented early 2026. The “Chile grows with you” policy contained areas of support in education and health. The Government was working to ensure the health system was free of charge and without out-of-pocket payments, and was strengthening the education system.
There were plans underway to recognise care as the fourth pillar of social protection, which would help to tackle social inequalities. Chile understood that a significant part of the social discontent issues raised in 2019 persisted. The State had been working on reforms to tackle inequalities and build a more cohesive society.
Marine coastal areas for indigenous peoples took a long time to be processed and implemented. The Government had presented a legal amendment to Parliament which raised concerns about the constitutionality of the proposed reform. There were significant gaps in the labour market and more needed to be done. Progress had been made in political spheres, including ensuring gender equality on electoral lists.
Questions by Committee Experts
KARLA LEMUZ DE VASQUEZ, Committee Country Rapporteur and Taskforce Leader for Chile, said since May 2022, a state of emergency had been declared in the region of La Araucanía, and the provinces of Arauco and Biobío, which had been constantly extended. What measures had the State taken to ensure that the state of emergency did not unduly restrict the enjoyment of economic, social and cultural rights? How was it ensured that the restrictions adopted were proportional, temporary and strictly necessary? What accountability mechanisms were in place to monitor the impact of these measures on economic, social and cultural rights? What mechanisms were in place for affected persons to file complaints and obtain redress for violations of their economic, social and cultural rights in the context of the state of emergency?
A Committee Expert asked what transparency mechanisms were available in the carbon trading scheme? What measures had the State taken to mitigate the environmental impact of mega industrial and mining projects? What were the regulations for consultations with indigenous communities? How did the State ensure that it reflected the right to free, prior and informed consent? Why had Chile been unable to meet its obligations to pay contributions to the United Nations general budget? The Committee would like to congratulate Chile on its recent accession to the San Salvador Covenant. What were the reasons for not completing the ratification of the Optional Protocol to the Covenant?
MICHAEL WINDFUHR, Committee Expert and Taskforce Member for Chile, said Chile had a high rate of indirect taxes at 60 per cent; would this be reconsidered? What was the State doing to tackle tax evasion?
Responses by the Delegation
The delegation said environmental impact studies were conducted prior to major mining and industrial projects. The state of emergency was linked to initiatives being taken under the Commission for Peace and Understanding. It had the key aim of reducing crime in the region and had had a positive and measurable impact. Between 2021 and 2024, there had been a 67 per cent reduction in rural violence. This was thanks to the efforts of law enforcement. There had been less than half the level of violence compared to previous years, which would have a positive impact on the enjoyment of other rights. The state of emergency had not resulted in a major restriction of rights; there had been specific restrictions following murders in the region, but they were not imposed for long.
Decisions by the Controller General maintained that agreements with indigenous peoples needing to be respected by the State. Around 80 per cent of public income for the central Government came from tax receipts, with 8.9 per cent from indirect taxes. The State was tightening controls on tax fraud and tax avoidance, and had criminalised certain areas of tax evasion. There was a law on meeting tax obligations.
Chile had paid its United Nations contributions for 2024 in 2025, as a late payment. The State had already paid the vast majority of its United Nations contributions for 2025 and had a small part left to pay.
Questions by a Committee Expert
MICHAEL WINDFUHR, Committee Expert and Taskforce Member for Chile, said the Committee acknowledged the post-Covid recovery of the labour market and the decrease in the number of young adults not in employment. It further welcomed that in 2023, the Government had agreed to reduce the weekly working hours from 45 to 40 hours per week, and introduced a bill that promoted work-life balance. Could the delegation expand on the outcome of the national human rights plan 2021-2025? Could new aggregated data on income poverty be provided?
The Committee welcomed the gender parity initiative and the labour equity plan, the “50:50 by 2030” initiative, and other legislative and policy measures in the private and public sectors. Despite progress, the Committee was concerned about the persistent structural barriers to achieving equal remuneration for work of equal value. Women were overrepresented in low-paying sectors with less job stability, while men dominated higher-paying areas. What did the State plan to do in this regard? Did the Government plan to recognise the principle of equal pay for work of equal value? What was the current status of pending legislative initiatives and amendments of the Labour Code? What was the current status of anti-discrimination law, rejected by the Senate in 2024?
What concrete measures had been taken to promote equal access to employment, livelihoods, wages and pensions between men and women? What targeted and culturally appropriate actions were being implemented to guarantee access to the labour market for indigenous women, and what outcomes had been recorded? What concrete steps were being taken to reduce informality across all population groups, especially among women, older workers, youth, migrant, indigenous and Afro-descendant communities? What incentives existed to encourage employers to create formal employment opportunities?
What was the situation of forced labour and what measures was the State party undertaking to combat this? The Committee welcomed the adoption of multiple legislative and institutional measures to prevent and eliminate child labour, and provide direct assistance to victims. It acknowledged the strategy for the eradication of child labour and protection of adolescent workers 2015–2025. However, concerning information had found that 15.5 per cent of children and adolescents in Chile were engaged in child labour. How was the State planning to deal with these issues?
The Committee welcomed inter alia act no. 20.422 of 2010 on equal opportunities and social inclusion for persons with disabilities; act no. 21.015 of 2017 on incentives for the inclusion of persons with disabilities in the labour market; and the national plan on universal accessibility 2022−2032. However, it was concerned that persons with disabilities faced high unemployment rates. What monitoring mechanisms existed to ensure that the private sector complied with recruitment quotas and workplace accessibility standards? What specific measures had been taken to ensure that women with disabilities and persons with disabilities from indigenous backgrounds benefitted equally from employment promotion and incentive programmes?
How did the State ensure labour protections for migrant workers, particularly those in irregular or undocumented situations? The Committee welcomed the legislation law 16, 744, known as the ‘Karin law’ that amended the Labor Code and imposed new obligations on employers to mitigate and report on workplace harassment, sexual harassment, and violence in the workplace. How had this law been implemented? Was it effective for lesbian, gay, bisexual, transgender and intersex persons and other vulnerable groups?
The Committee was alarmed by reports by the International Trade Union Confederation and by the Single Central Organization of Workers of Chile in 2020, which included information about the violent repression of the protest against an anti-union reform. What was being done to deal with these issues?
The Committee welcomed that by law, foreign children and teenagers were guaranteed access to social security and State benefits on the same terms as nationals. However, the Committee had found that 50 per cent of retired women only received half the minimum wage when State benefits were taken into account compared to men, who received 75 per cent of the minimum wage. How was the new law affecting this? Would it address this problem?
Responses by the Delegation
The delegation said more than 14,000 civil servants had been trained between 2022 and 2024 on a variety of human rights topics. There were 18 thematic workshops on issues such as gender, persons with disabilities, and migrants. There had been six nation-wide campaigns to promote gender, diversity and indigenous languages, among others. The anti-discrimination law was being reformed under the third Constitutional review. In spite of the law on hiring persons with disabilities in companies of over 100 persons, there were still gaps. An amendment had been approved to the labour inclusion law, which raised the quota for persons with disabilities from one to two per cent and provided better conditions to enforce the legislation.
The State had assessed dangerous child labour, which was why the child labour rate stood at 15.5 per cent. This did not mean it was an increase, but rather the State was now looking at the full picture. This was a step forward; now Chile could see what it could not before. However, this was a daunting challenge and outlined the need for shared responsibility of care.
A series of regulations had improved the standard of living in Chile. There had been a historic increase in the minimum wage of around 50 per cent. The goal of the increase meant no one who worked a full day should live below the poverty line. Chile had created around 600,000 new jobs from 2022, with the majority of them being formal jobs, and around 60 per cent of them being held by women. The rate of informal work was at 25 per cent, which was a historical low. It was believed this was significantly due to regulations.
There was still a gap between men and women in terms of care; women devoted twice as much time to care as men. The State planned to address this through shared responsibility measures. The Ministry of Labour was bringing together three employment subsidies to create a modern and fair instrument for workers without job experience, to encourage them to hold jobs in the long-term.
Chile was implementing a national action plan for the eradication of forced labour. Most of the complaints about the workplace and sexual harassment were made by women. Therefore, the gender perspective needed to be part of the investigations by the State teams and the companies.
After a 10-year debate, an agreement had been achieved in the National Congress on pensions. The new reform, which was approved in January 2025, ensured that women received the same pension as men if they were the same age and had the same level of savings. Previously, this had not been the case, as women had a longer life expectancy, and therefore received a lower pension. If a woman paid individual contributions for 10 years, she would receive an additional supplement. It was ensured that in the periods a woman did not work, such as when she was caring for children or her parents, the State would make the necessary contributions. This agreement had been a watershed moment for Chile after many years.
A policy had been launched to combat the commercial exploitation of children. The State had not seen problems in the creation of trade unions; there were 14,000 trade unions in Chile. Workers in the informal sector had access to social security in Chile.
Questions by Committee Experts
MICHAEL WINDFUHR, Committee Expert and Taskforce Member for Chile, asked about the situation of labour inspectors in the State party? Could more information be provided on migrant labour? Could public civil servants join trade unions and strike?
A Committee Expert said Chile had made a lot of progress in its laws in various areas. How would the national care system be funded? What progress had been made in the carers’ register?
Responses by the Delegation
The delegation said the State had proposed a care and support system. Chile was transposing the right to care into domestic law; a bill recognised the three dimensions of the right to care, and the national care system had been established. The national carers’ register would enable the Government to provide accreditation for those with high support needs. Around 200,000 people had already registered, with 86 per cent of registries being women.
Chile had recently ratified International Labour Organization Convention 115, making it one of the most advanced countries in the region in terms of labour protection. Around 115 programmes had been designed to strengthen risk prevention in all sectors of the economy. A regulation for preventing labour risks had been adopted in 2024. The mining sector had the lowest number of accidents of any sector in the country. It occurred in remote areas, with a high level of technology, and paid the highest level of salaries in the country.
Public civil servants in Chile were not allowed to establish trade unions under the Labour Code, but laws allowed them to create civil servant associations, considered to be the equivalent of trade unions.
A five-day dialogue with civil society had been held to develop the protocol to protect human rights defenders. Part of the implementation strategy was an online training course on the protocol and on human rights defenders. Chile would be grateful for recommendations from the Committee to address existing gaps in public policies.
Questions by a Committee Expert
CHARAFAT EL YEDRI AFAILAL, Committee Expert and Taskforce member for Chile, asked what measures the State had taken to ensure equitable access to crèche services, with the aim of promoting co-parental responsibility and reducing professional inequalities between women and men? What specific actions had been taken by the State to address the needs of refugee, migrant and indigenous children and adolescents, who were particularly affected by multidimensional poverty, malnutrition, school dropouts, access to healthcare, and lack of decent living conditions? What was being done to put an end to unregulated work in the domestic and care sector? How did the State ensure the integration of gender, ethnicity and territorial dimensions in its policies to combat child poverty?
In view of the shortcomings in access to safe drinking water, hygiene and adequate sanitation services, particularly in disadvantaged areas and informal settlements, what steps was Chile taking to recognise access to safe drinking water and sanitation as a fundamental right enshrined in national legislation? What were the reasons that had led to the privatisation of water resources? What measures had been taken by the State to recognise water as a non-commercial public good? What was being done to ensure that the energy and mining sectors fully integrated the human rights-based environmental impact assessment system in accordance with Chile's international commitments, such as the Escazú Agreement?
What measures had been adopted by the State to address the housing crisis and put an end to unsanitary housing? What measures had been adopted to prevent forced evictions and to ensure that, where they were unavoidable, they were conducted in accordance with international standards? What measures had been taken by the State to facilitate access to housing for refugees and migrants, especially those in an irregular situation? How did Chile plan to ensure equitable access to adequate, nutritious and affordable food?
What measures were being taken to improve the quality of public health services and ensure equitable access to care, particularly for the most vulnerable populations? In the context of the nationwide protests that took place in the country in 2019 and 2020, what concrete measures had been implemented by the State to guarantee full reparation for victims of violence, including sexual violence? What actions had been taken to ensure their access to physical, mental and reproductive health care, as well as justice?
Responses by the Delegation
The delegation said carbon certification required several requirements to be met, including effective reduction of emissions. The national strategy for the eradication of child labour spanned across 16 regions. Forty of the 58 actions had already been implemented by the end of 2024, including designing communication strategies, referral of cases, and training for trade union officials and civil servants on child labour. A survey had been conducted in 2023 which measured domestic work and non-renumerated work for the first time. Chile was committed to eradicating child labour. The State led the 8.7 Alliance to eradicate child labour and modern slavery, illustrating its commitment in this area.
The national economic survey found that 4.5 per cent of the Chilean population lived in poverty, with 2 per cent living in extreme poverty. This represented a downward path in relation to the prevalence of poverty. This was derived from income inequality. The State had made the decision to update its methodology in relation to poverty, which was being utilised by the Government. The next official poverty figures to be introduced in January 2026 would produce statistics using the updated methodology.
Formalisation was being promoted as the single social security contribution, making it easier for small businesses to meet their tax obligations. This aimed to formalise labour and ensure easier access to social security benefits.
Chile had enacted a law modernising preschool education, laying the foundations for a more robust system. A bill was before parliament which sought to extend childcare facilities. Legislation would be incorporated into the Labour Code which established an obligation for companies to provide childcare facilities when they had 20 or more female employees. There was a bill before parliament to regulate child social services and establish complementarity with the education system.
There were 36 programmes focusing on overcoming multidimensional poverty among children, including school feeding and transport programmes, indigenous scholarships, and programmes focusing specifically on migrants and refugees. Healthcare coverage had been extended in rural areas.
The Supreme Court recognised the right to water as part of the right to live in a clean environment, and all persons must have equal access to clean water, as expressed in a 2021 ruling. There had been decisions in 2021 which recognised the right to water for a particular community, at 100 litres of water per person. Constitutional protection measures had been offered to areas which lodged complaints against the sanitary company in the area for not meeting the World Health Organization potable water standards. The court had also quoted the Committee in a ruling pertaining to the right to water.
In 2022, Chile approved the reform of the Water Code, recognising the human right to water and sanitation, and declaring water a national public use asset. In Chile, 92.3 per cent of households had access to potable water, with 83 per cent of households connected to the sewerage system. However, there were gaps in rural areas. As such, emphasis had been placed on improving rural drinking water systems and facilitating access in areas with water scarcity, including through desalination plans.
The State had implemented a housing emergency plan which had enabled 214,000 homes to be provided. The Committee’s recommendations on addressing structural gaps such as soil and land regulation would be appreciated. One of the factors which impacted the housing deficit was the value of the land, which created a mismatch between the price of buildings and the wages earned.
Chile had a support and care plan for victims of eye trauma. In Chile, there was ongoing regular work to secure the rights of migrants. A significant step forward had been the amendment to the 2023 circular, facilitating the inclusion of migrants who did not have resources to benefit from healthcare.
Primary health care reached every commune in the country and Chile had provided access to health for all peoples living in 28 remote communities.
The COVID-19 pandemic had significantly increased the number of people waiting for health services. In 2024, the State had reached a historic record of care provision, number of surgeries performed, and significant progress in the reduction of waiting times. The regional centres and the online patient platforms were key in making these strides, as well as the Government’s focus and increased financial investment in improving the health system. Chile was the first country in the southern hemisphere to guarantee free universal access to children under the age of one, bringing down children’s hospitalisations by 80 per cent.
Chile was trying to reduce obesity in children and adolescents between 2023 and 2030. A school food programme was in place which had seen a substantial budget increase between 2021 and 2024. The State had overhauled its national complimentary food programme.
Questions by Committee Experts
CHARAFAT EL YEDRI AFAILAL, Committee Expert and Taskforce Member for Chile, asked what measures had been implemented by the State to ensure water resources were protected from exploitation and pollution by mining extraction companies?
A Committee Expert asked what measures were being used to encourage more people to participate in daily exercise?
KARLA LEMUZ DE VASQUEZ, Country Rapporteur and Taskforce Leader for Chile,
asked if the State could highlight regulations underway to improve environmental protection? The Committee had heard that there had been many instances of poisoning in the so-called “environmental sacrifice zone”, negatively impacting the residents in this area. What specific measures were being adopted to ensure timely access to environmental information and access to specialised medical care, as well as justice and reparation mechanisms for those affected? The low number of available psychiatrists was a significant issue, as was the lack of psychiatric beds. What measures was the State implementing to have a comprehensive mental health programme? What budget did Chile currently earmark for mental health?
An Expert said the Committee was concerned about reports of forced evictions in Chile. What measures were in place to ensure eviction processes complied with the Covenant? The State party was making efforts to increase health coverage throughout the country, which was commendable; however, indigenous peoples often faced barriers to accessing healthcare. How were effective intercultural health systems ensured for indigenous communities?
MICHAEL WINDFUHR, Committee Expert and Taskforce Member for Chile, asked what did Chile identify as the key challenges in climate change? Did the State plan to have a framework law for the right to food?
A Committee Expert said a bill had been drafted legalising abortion up to 14 weeks of pregnancy without needing to be covered by the three existing grounds, as well as a law on broadening sex education. Could more information about these bills be provided? Was there disaggregated data available on the number of migrants and refugees in the country? What programmes were in place to ensure access to protection for migrants?
Another Committee Expert asked to what extent did the State consider the policy of not criminalising drug use? Had specific harm reduction measures been considered?
Responses by the Delegation
The delegation said all healthcare provided in prisons was based on instructions from the Ministry of Health. In the Santiago region, there was a prison hospital on the outskirts of the city with 46 hospital beds. Any healthcare which could not be provided in the prison hospital would then be referred to the public health network.
A strategy up to 2030 to prevent childhood obesity included a bill which obligated schools to provide 60 minutes of physical activity each day for children. Atmospheric cleansing programmes had been implemented in certain areas to cleanse pollution. Environmental authorities had a record of people with symptoms who had been referred to health facilities.
Since 2023, there had been a suicide prevention hotline which had received around 100,000 calls. The number of mental health consultations had been increased, as well as the number of beneficiaries. Over 80 per cent of people received mental health support through primary health care. A bill had been submitted which established the State’s general duties for promoting mental health, and strove to protect the rights of persons with mental health problems and provide them with preferential access to consultations, including those in State protection.
There was a regulation on accessing culturally appropriate mental health care which had been enacted. Three grounds for abortion were legalised in 2017. One of the barriers was conscientious objection; however, it was recognised in law that abortion was a right and conscientious objection could not be a barrier. Doctors needed to declare if they were a conscientious objector, and this was kept on a list in the hospital. The State was trying to further this right through a new bill which would decriminalise abortion up to the fourteenth week of pregnancy.
The reform of the Water Code recognised the right to water and sanitation. Chile needed to ensure there was better coverage of drinking water and sewerage; there were still gaps in certain areas. In concentrated rural areas, there was 100 per cent coverage, but in semi-concentrated areas, it was around 50 per cent for drinking water and only 13 per cent for sanitation. There were several policies to address this. In 2024, a new guidebook for water and sanitation coverage had been issued.
A few weeks ago, a special contract was signed between a mining company and the Government, which was subject to prior consultation with indigenous persons. The court decreed that in situations where forced evictions were applicable, they should be taken in the presence of government officials to ensure reasonable use of force, respecting the integrity of the occupants.
Questions by Committee Experts
SANTIAGO FIORIO VAESKEN, Committee Expert and Taskforce Member for Chile, asked what percentage of the State’s gross domestic product went towards education? What measures was the State taking to improve the quality of education in coming years? What were the teacher selection trainings and strategies? What were teacher salaries like in Chile? Were they competitive? Was there a teacher career plan? How many public and private schools were there in the country?
The Committee had heard about the negative effects of a law which gave schools the authority to expel students for bad behaviour. What was the State doing to ensure that the implementation of this law did not impact youth’s education? What were the standards in place to avoid violence in schools? What was the level of influence that parents had in drafting and implementing the content of the school programme for students? How was it ensured that children had access to comprehensive education based on scientific evidence?
How many memorial sites were there in Chile? Which institution was entrusted with their maintenance? Did the school curriculum contain information about the Chilean dictatorship and its impact on human rights? Had the State done anything to include the rights of indigenous peoples in previous Constitutional amendments? How did the current legislative framework allow favourable conditions for indigenous peoples to spread their culture, languages and customs? What was the role of indigenous language teachers? What was the legal framework which guaranteed access to education of indigenous peoples in their own language? In addition to Mapuche, which languages were considered when publishing educational material? What specific measures was the State adopting to prevent digital violence?
Responses by the Delegation
The delegation said in 2024, expenditure in education accounted for 4.9 per cent of gross national product. Recent data indicated an improvement in learning from 2022 to 2024 and a sustained increase in school averages. As part of the implementation of the teacher career law, Chile had seen an increase of more than 27 per cent of regulation teacher salaries. A module on coexistence was being included in the school curriculum.
Chile was updating its heritage legislation through a new bill, which recognised memorial sites as a protective category. This was due to a historic call from civil society to recognise these as sites of living memory. There were consultations with citizens and indigenous peoples to include different visions in the legislation. There was a stable and direct financing system for these sites. Between 2023 and 2024, Chile had undergone a broad participatory process with indigenous, tribal and African-descent heritage peoples in Chile. The State had put together a roundtable on indigenous languages, which created programmes to bolster culture and identity.
Chile had implemented the education reactivation plan to improve education after the COVID-19 pandemic. There were also measures to address delays in educational development, which was key for children’s development. A national campaign was undertaken, focusing on infrastructure projects and internet connectivity. Absenteeism still had not recovered to the 2018 levels. Schools which relied on local authorities had better levels of attendance; however, there were still gaps.
The law for preventing, punishing and eradicating gender-based violence also encompassed symbolic violence. The Ministry for Women and Gender Equality launched a campaign in 2024 named “Don’t Make Violence Go Viral”, focusing on young people.
Chile was committed to memory, seen in the national policy for location and search. The Ministry of Education had allocated resources for non-chauvinist education with a view to eradicating violence in schools.
Questions by Committee Experts
SANTIAGO FIORIO VAESKEN, Committee Expert and Taskforce Member for Chile, said deaf children were not included in mainstream education and were forced to attend schools which did not provide for them. What resources were available for the education of persons with disabilities, particularly deaf children? Were there appropriate funds to keep these centres open? To what extent could private schools contribute to the development of school curricula? Was there a protective framework for spiritual sites? Could the State provide details on indigenous peoples who had been taken into custody for defending these sites?
KARLA LEMUZ DE VASQUEZ, Country Rapporteur and Taskforce Leader for Chile,
asked how the State explained the difficulties being faced by children and adolescents in obtaining access to education? What measures were being taken by the State to increase education coverage and ensure the full and effective inclusion of migrant and refugee children in the education system?
A Committee Expert asked what measures the State party had taken to promote access to education for women in science, technology, engineering and mathematics fields?
Responses by the Delegation
The delegation said there were 10 special schools for deaf children which received a subsidy from the Government. The migration act contained specific articles on the rights and obligations of foreign citizens. Non-nationals had the same labour rights as Chileans. Irregular migrants had their labour and social security rights guaranteed. Both foreign residents and irregular migrants had access to health care. Children and adolescents had been incorporated into the social registry of households and could receive the single-family benefit. The law on children and adolescents tried to provide universal education.
The national gender equality policy for science, technology and information had been updated, with one of the goals being to eradicate violence against women and girls. Through this policy, the undergraduate enrolment of women in science, technology, engineering and mathematics fields had risen between 2022 and 2024.
Through a ruling, the Supreme Court had spoken about the need for consultation with indigenous peoples, even if the impact on the community was not necessarily guaranteed. The indigenous communities would come before the court and decide if there was a real risk of an impact.
Chile had robust environmental institutions. In 2012, the State established an environmental body which criminalised the act of avoiding an environmental impact study. Chile had a high level of mining industry formality, meaning there were no projects which were not assessed by the system.
The national mental health strategy 2017-2025 had already been assessed, and the new plan was being designed based on learnings from this assessment.
Closing Remarks
KARLA LEMUZ DE VASQUEZ, Country Rapporteur and Taskforce Leader for Chile, thanked the delegation of Chile for the detailed information shared throughout the dialogue. The Committee was now more familiar with progress made so far and Chile’s plans for the future to meet the provisions of the Covenant. The delegation’s constructive spirit throughout the dialogue was appreciated.
JAVIERA TORO CÁCERES, Minister of Social Development and Family of Chile and head of the delegation, thanked the Committee for the dialogue which had been a valuable opportunity to review Chile’s progress in achieving economic, cultural and social rights. However, there were also pending gaps to overcome, including inequalities between men and women and territorial inequality gaps.
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CESCR25.008E