(WB) The Chilean Senate on Tuesday approved the repeal of Article 365 of the country’s penal code that differentiated the age of consent between same-sex and heterosexual couples.

Article 365 was the last homophobic law in force in the country that has seen an expansion of rights to LGBT and intersex Chileans in recent years. A law that allows same-sex couples to marry and adopt children took effect on March 10.

Although the Article 365 repeal bill will go before the Chilean House of Deputies, Movimiento de Integración y Liberación Homosexual (Movilh), the country’s main LGBTQ and intersex rights group, said its passage is assured because the chamber has already approved it.

Movilh, which has been working to repeal Article 365 since 1999, described Tuesday’s vote as “historic” because “it is the elimination from our legal system of the last explicitly homophobic law in force in Chile.” The Chilean LGBT and intersex rights organization said the bill “approved today in the Senate will end the stigma that weighs on young gay men, whose sexual orientation and practices are considered a crime despite the absence of abuse or abuse against third parties and despite the absence of any other crime already sanctioned by our legislation.”

Movilh Director Rolando Jiménez said that “with the elimination of this anachronistic norm, the struggle for LGBTIQA+ equality closes a cycle, where no one will ever again be punished for loving or desiring someone of the same sex.”

“Today we took a forceful and decisive step towards full legal equality, a right already guaranteed in the constitution, but which has historically been so elusive for LGBTIQA+ people,” stressed Jiménez.

The Chilean State in the 2016 agreement it signed with Movilh before the Inter-American Commission on Human Rights committed to repealing Article 365.


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