The Chamber of Deputies experienced a heated session this Tuesday during the discussion and voting of the bill aimed at strengthening Law No. 20,609, known as “Zamudio Law”, which aims to establish measures against discrimination. Despite the support of the Government, the initiative was finally rejected with 69 votes against, 63 in favor and 13 abstentions.
The project must now be reviewed in a mixed commission and the day was marked by the words of deputy Cristóbal Urruticoechea of the Republican Party, who spoke of “deviation” to refer to sexual diversities. In addition, the opposition made a constitutional reservation, accusing that some of its precepts violated various articles of the Constitution.
The proposal, which seeks to “strengthen the prevention of discrimination and better promote and guarantee the principle of equality,” generated an intense debate. Furthermore, aligned with the Republicans, Chile Vamos argued that the project limits freedom of opinion, reverses the burden of proof and sanctions omission, describing it as a “totalitarian” and “ideological” measure that threatens legal security.
On the other hand, although Democrats appreciated the spirit of the project, they voted against it, arguing that there are aspects that must be improved.
The Minister of Justice and Human Rights, Luis Cordero, highlighted that in debates on anti-discrimination laws, “legitimate positions” tend to emerge on what acts can constitute discrimination, stressing that constitutional reservations are not new in this type of debate since the 1990s. the 90s. In addition, he questioned the recurring arguments used against this type of laws, such as the defense of freedom of expression and preferential education.
Consulted by RFarewell BiobioMinister Cordero maintained that “many of the arguments in the room are based on fear, rather than arguments based on the evidence of the text.”
“It is a flag of struggle for feminist and homosexual groups”
One of the most controversial speeches came from deputy Urruticoechea, who stated that “the left always needs to create conflicts and stories related to its causes, and for that, it needs to create new rights, neo-rights.” Furthermore, he expressed that “this project is a banner of struggle for feminist and homosexual groups.”
“If this tiny sector of the population has a tendency that is at odds with its biological nature, of course we must respect the deviation of others, but it does not have to be an obligation to applaud them or tell our children that there are more than two types of sex” , said the member of José Antonio Kast’s party. These comments generated a wave of criticism for their derogatory tone.
The official representative Emilia Schneider (CS), in the run-up to the vote, accused the Christian Democrats of turning their backs on citizens due to political quarrels with the Government, especially in a context where other value issues such as euthanasia and abortion—projects announced by President Gabriel Boric during his last Public Account. Schneider regretted that the DC could align itself with conservative sectors that oppose the expansion of rights and freedoms.
The ruling party insists that the norms contained in the proposal are in line with the Human Rights treaties signed by Chile. Meanwhile, it was called to put oneself in the place of those who suffer, day after day, discrimination and who are afraid. Likewise, it was requested to avoid new cases such as that of Daniel Zamudio, who died after a beating attack caused by a group of neo-Nazi sympathizers. The reason that triggered the unfortunate event was that the victim was homosexual.
From the Independent Democratic Union (UDI), deputy Álvaro Carter, who voted against the initiative, was satisfied with the result, arguing that with this law “the Frente Amplio and the PC intended to modify the Zamudio Law to become police officers.” of morality and criminalize those who do not think like them.”
Aspects contained in the rejected project
The amendment proposed a new definition of its purposes and definitions. Thus, it was established that its main objectives were to eradicate, prevent, punish and repair all arbitrary discrimination against any person or group of people.
Also, it seeks to promote the principle of equality and non-arbitrary discrimination. Likewise, it established a special and rapid judicial procedure that sought to effectively restore the rule of law whenever an act of arbitrary discrimination is committed.
The initiative also redefined the concept of arbitrary discrimination, expanding the list of motivations that could support it. Along with this, it defined three categories of discrimination, specified procedures and sanctions, and created the Council for Equality and Arbitrary Non-Discrimination.
- The proposal was rejected in its idea of legislating, so the text must be analyzed in a mixed commission to settle the differences with the Senate, which had already approved it in the first procedure.