ACT NO 20,820 CREATES THE MINISTRY OF WOMEN AND GENDER EQUALITY, AND MODIFIES LEGAL NORMS THAT INDICATES Having present that the National Congress has given its approval to the following bill, Bill: " TITLE I of the Ministry of the Women and Gender Equity Paragraph 1 Nature, Object and Functions Article 1.-Create the Ministry of Women and Gender Equity, hereinafter "the Ministry", as the Secretariat of State responsible for collaborating with the President or President the Republic in the design, coordination and evaluation of policies, plans and programmes intended for to promote gender equality, equal rights and to seek the elimination of all forms of arbitrary discrimination against women. The Ministry, acting as the governing body, will ensure the coordination, consistency and coherence of policies, plans and programs in the field of gender equity, which must be incorporated in a transversal manner in the State's actions. Gender equity includes the identical or differentiated treatment between men and women, which results in a total absence of any form of arbitrary discrimination against women as such, in terms of the enjoyment and exercise of all their human rights. Article 2.-The Ministry will be responsible for planning and developing policies and special measures with cultural relevance, aimed at promoting equal rights and opportunities for men and women, seeking to eliminate all forms of Arbitrary discrimination based on gender, the full participation of women in the cultural, political, economic and social plans, as well as the exercise of their human rights and fundamental freedoms and to ensure compliance with the obligations contained in the international treaties ratified by Chile in the field and which are in force. Article 3.-The Ministry shall, in particular, have the following functions and powers: (a) Propose to the President or President of the Republic political, norms, plans and programs aimed at gender equality, equal rights, and seek to eliminate all forms of arbitrary discrimination against women, coordinate them and ensure their implementation, in order to ensure that their objectives are met and to evaluate their cross-sectional application in the State's actions. In addition, it will be up to the formulation, coordination and evaluation of a National Plan of Equality between men and women. (b) To propose to the President or President of the Republic legal, regulatory and administrative initiatives in the areas of their competence and to evaluate their implementation. The proposals and implementations carried out by the Ministry will have cultural relevance, recognize the diversity of women and ensure the full development and autonomy of women and the improvement of their position in order to guarantee them the enjoy their rights in equal conditions and opportunities with men, their full participation in the work, social, economic and cultural life of the country, and in the positions of popular choice and public functions. In turn, the Ministry will promote the protection of maternity, recognizing the diversity of women and their different life options. (c) Develop policies, plans and programs aimed at addressing, preventing, eradicating and punishing violence against women, generating the spaces for coordination among State Administration agencies at national, regional and local levels. local. (d) Promote equal rights and obligations for men and women in family relations, as well as the recognition of the common responsibility for the education, care and integral development of sons and daughters. In the context of co-responsibility, education will include an adequate understanding of motherhood as a social function. e) To promote, coordinate and evaluate the incorporation of the gender perspective into the policies and plans of the various ministries and services at national and regional level. (f) Vellar by the transformation of stereotypes, prejudices and social and cultural practices, among others, based on the idea of the inferiority or superiority of any of the sexes and which naturalize and reproduce arbitrary discrimination against women. g) Velar for the fulfillment of the international treaties on women's human rights and gender equality, ratified by Chile and that they are in force, especially those that are related to the elimination of all the forms of arbitrary discrimination and violence against women. h) Maintain cooperation with international organizations dedicated to the human rights of women and gender equality, without prejudice to the responsibilities of the Ministry of Foreign Affairs. i) To collaborate with public sector agencies, at national, regional and local level, and to advise them in the formulation and incorporation of gender criteria in their policies and programs, evaluations and planning processes. (j) To conclude collaboration and cooperation agreements with public and private, national and international agencies, for the fulfilment of their aims. (k) Establish and administer a system of public information on the enforcement and enforcement of existing gender equity regulations. (l) Develop studies and research necessary for the fulfilment of its object. To this end, it shall be empowered to request the organs of the State Administration for the information available to it for the performance of its duties. (m) To conduct training processes for public officials and public officials in matters related to the functions entrusted to the Ministry, which may also be granted to individuals. (n) Maintain a diagnosis of gender indicators and ensure that they are incorporated in the planning of social and economic development, and in the State Administration. their human rights and gender equity at national, regional and local levels. (o) Collaborate with the competent authorities at national, regional and local level in the preparation, approval and development of programmes for the education, promotion and dissemination of gender policies, aimed at the creation of an awareness and culture national on gender equity and to promote responsible citizen participation in these matters. (p) Promote the dignity of domestic work, in the context of shared responsibility between men and women. (q) To promote measures in favour of women who recognise and safeguard multiculturalism and ethnic identities, respecting their own visions, practices, needs and beliefs, in harmony with human rights. (r) To carry out the other functions and duties assigned to it by the law. Article 4.-The Ministry may propose measures, plans and programs of a temporary nature that involve specific advantages for women or prevent or compensate for disadvantages that may affect them in the public, political, and labor fields, social, economic or cultural, in order to achieve the greatest possible equality between men and women. Paragraph 2 of the organization Article 5.-The Ministry shall be organized as follows: (a) The Minister or Minister of Women and Gender Equity. (b) The Deputy Secretary or Deputy Secretary. (c) Regional Ministerial Secretariats. A regulation issued by the Ministry will determine the internal structure, in accordance with the provisions of Law No. 18,575, Constitutional Organic of General Bases of the State Administration. For the purposes of establishing the internal structure, at least the following divisions should be considered: Gender Studies and Training; Management Planning and Control, and Equality Policies. In addition, it may establish other areas that are necessary to meet the Ministry's objectives, functions and responsibilities. Article 6.-In each region of the country there will be a Ministerial Regional Secretariat, in charge of a Secretary or Ministerial Regional Secretariat, which will be technically and administratively dependent on the Ministry, who will advise the Intendente or Intendenta, will ensure for the coordination of programmes to be developed at regional and local level, as well as actions undertaken with the resources of the Ministry. Article 7.-Corresponding to the Ministerial Regional Secretariat: (a) To provide technical advice to the Mayor or Intendenta. b) Develop a regional agenda of equal rights and gender equality and ensure its implementation. c) To promote the incorporation of the gender perspective into the policies, plans and programs of the State Administration bodies with competence in the region. d) Promote the participation of women in the region in policies, plans and programs linked to the promotion of their rights and gender equity. e) To collaborate with the Ministry in the coordination of actions and gender diagnoses in the regions. f) Collaborate with the municipalities and the regional government in matters of gender equity. (g) to carry out the other functions and duties entrusted to it by the law. Paragraph 3 of the Inter-Ministerial Committee for Equal Rights and Gender Equity and the Advisory Council Article 8.-Create the Inter-Ministerial Committee for Equal Rights and Gender Equity, whose role will be to collaborate in the implementation of policies, plans and programs aimed at equal rights among women and men, incorporating the gender perspective in the State's actions. The Committee is an instance of coordination, information, guidance and agreement for public policy in this area. The Committee shall be composed of: The Minister or Minister of Women and Gender Equity, who will chair it. b) The Minister or Minister of the Interior and Public Security. c) The Minister or Minister of National Defense. (d) The Minister or Minister of Finance. (e) Minister Secretary or Minister-General of the Presidency. f) The Minister or Minister of Economy, Development and Tourism. g) The Minister or Minister for Social Development. h) The Minister or Minister of Education. i) The Minister or Minister of Justice. (j) The Minister or Minister of Labour and Social Welfare. k) The Minister or Minister of Health. (l) The Minister or Minister for Agriculture. m) The Minister or Minister of Housing and Urbanism. (n) The Minister President or Minister-Chair of the National Council for Culture and the Arts. Without prejudice to the foregoing, the Minister or Minister of Women and Gender Equity may invite other Ministers or State Ministers, officials or officials of the State Administration or persons to participate, with the right to speak, to participate. recognised competition in the field of gender equality and equity policies. The Committee shall establish, by agreement, the rules necessary for its internal functioning and the proper fulfilment of the tasks entrusted to it. The Secretariat for Women and Gender Equity shall provide the Committee with the administrative support necessary for its operation. The Deputy Secretary or Deputy Secretary shall be the Executive Secretary or Executive Secretariat of the Committee. Article 9.-Create an Advisory Council, whose role will be to provide advice to the Minister or Minister on matters of equal rights and gender equality. The Council shall be composed of ten persons of recognised experience in the field of the subjects referred to above, and shall be appointed by the Minister or Minister for Women and Gender Equity. Council members will last up to four years on their charges as long as they have the confidence of the Minister or Minister. The exercise of the post of counsellor or counsellor shall be of good repute and shall be incompatible with any managerial position of organisations or associations relating to the powers and functions of the Ministry. A regulation, issued by the Ministry of Women and Gender Equity, will lay down the rules necessary for the designation of its members and the functioning of the Council. Article 10 Paragraph 4.-The personnel of the Ministry shall be affected by the provisions of Law No 18,834 on Administrative Staff Regulations, the consolidated, coordinated and systematized text of which was established by the decree with force of law No 29, of 2004, of the Ministry of Finance, and in matters of remuneration, to the rules of Decree Law Nº249, 1974, and its complementary legislation. TITLE II Of The Fund for Gender Equity Article 11.-Create the Fund for Gender Equity, administered by the National Service of Women and Gender Equity, in order to contribute to the financing of national projects, regional or local, of education and dissemination programs and activities, aimed at strengthening the participation, associativity and leadership of women, in the framework of gender equity and the human rights of women. The Fund's resources will be consulted annually in the Public Sector Budget law. In the month of January each year, the Under-Secretary for Women and Gender Equity shall approve, by exempt resolution, the annual components or lines of action of the Gender Equity Fund and send it to the Director or Director of the Fund. National Women's Service and Gender Equity for its execution. The Director or Director shall, in the first half of December of the previous year, send a proposal for the purposes of the preceding paragraph. It will also send a status of the execution of the allocated resources during the execution of that year. The allocation of the resources of the fund shall be made by resolution of the Director or Director, which shall also be endorsed by the Deputy Secretary or Deputy Secretary. A regulation, issued through the Ministry of Women and Gender Equity, also signed by the Minister or Minister of Finance, will establish the rules of administration and operation of the Fund for Gender Equity, the objective criteria to grant the resources, the technical evaluation mechanisms and the means to verify the correct use of the funds allocated to the purpose identified in the first subparagraph. TITLE III Final Disposition Article 12.-To count on the date when the Ministry will take office, the National Women's Service will be called "National Women's Service and Gender Equity." As a result, the expression in all the references in which it appears is modified in this sense. TITLE IV Other provisions Article 13.-Introduces the following amendments in law No 19.023, which created the National Service for Women: 1) Amend article 1 as follows: (a) Replace the phrase " National Service of the Women "for the" National Service of Women and Gender Equity ". (b) The phrase" Ministry of Planning and Cooperation "is replaced by the phrase" Ministry of Women and Gender Equity ". c) Add the following second indent: "The Service shall be affected by the System of High Public Address, established in Title VI of Law No 19,882." 2) Reposition Article 2 by the following: " Article 2.-The National Service of Women and Gender Equity is the body responsible for implementing the policies, plans and programs entrusted to it by the Ministry of Women and Gender Equity. In particular, the following functions and functions will be responsible: a) Implement policies, plans and programs with cultural relevance, oriented to gender equality, equal rights and seek to eliminate all forms of discrimination arbitrary action against women, including the National Plan for Equality between men and women. b) To implement programs that promote the integral development of women and gender equity in the different areas of national life. c) Run programs to ensure the full participation of women in the work, social, economic and cultural life of the country, and in positions of popular choice and public functions, as well as those that promote development and autonomy of women. In turn, the Service will implement measures that promote the protection of motherhood, recognizing the diversity of women and their different life options. (d) to implement programmes aimed at preventing, eradicating and punishing violence against women and the family. (e) To implement measures that promote the recognition and respect of women and gender equality in the different areas of national life. f) Coordinate with the various public services and agencies the implementation of policies, plans and programs related to gender equity and to seek to eliminate all forms of arbitrary discrimination against women. (g) To conclude agreements with public and private bodies, both national and international, for the fulfilment of the functions and privileges of the service. (h) To request the organs of the State Administration for the information and background it deems necessary, related to matters of their respective spheres of competence, that the National Director requires for the performance of his or her functions. i) Manage the Gender Equity Fund. (j) To implement measures that promote the dignity of domestic work, in the framework of the co-responsibility between men and women. (k) To implement measures in favour of women who recognise and safeguard multiculturalism and ethnic identities, respecting their own visions, practices, needs and beliefs, in harmony with human rights. (l) to carry out the other functions and duties entrusted to it by law. "3. Replace in Article 3 the phrase" National Service of Women "for the phrase" National Service of Women and Gender Equity ". 4) Replace the first paragraph of Article 4 of the following: " The superior, technical and administrative management of the National Women's Service and Gender Equity will be the responsibility of the Director of the National Women's Service and the Gender. "5) Redeploy Article 5 (d) by the following:" (d) Request to the organs of the State Administration the information available to the National Women's Service and Gender Equity for the performance of their (6) Repeal Articles 7, 8 and 9 (7) Substitute in Article 10 the phrase ' Service National Women's Service (National Service for Women and Gender Equity). (8) Substitute in Article 12 the expression "National Service of Women" by "Women's Service and Gender Equity". 9) Replaced in Article 13 the "National Women's Service and Gender Equity" phrase "National Women's Service". (10) Substitute in the first paragraph of Article 14 the phrase "National Women's Service" by the following: " National Women's Service and the Gender Equity ", and delete your second indent. 11. Rule 15. 12. In Article 16, the phrase "National Women's Service" shall be replaced by the following: "National Service of Women and Gender Equity". 13. Articles 17, 18 and 19 shall be deleted. Article 14.-Subparagraph (f) of the second indent of Article 1 (1) of Law No 19.863. Article 15.-Eliminate, in Article thirty-sixth of Law No 19,882, the phrase "National Service of Women". Article 16.-Enter the following amendments to Article 4 (1) of Law No 20.066: 1) Reposition, in its first and third points, the phrase "National Service of Women" by " Ministry of Women and the Equity of Gene ro ". (2) First subparagraph (c) of the third subparagraph of point (c) above, passing the current point (d) to be (c). (3) Add the following fourth indent: " Correspond to the National Service of Women and Gender Equity to provide technical assistance to the bodies involved in the in the application of this law that they so require. " TRANSITIONAL PROVISIONS Article 1.-The President or President of the Republic shall be empowered to establish, within a period of one year from the date of publication of this law, one or more decrees with force of law, issued to through the Ministry of Social Development, which must also be subscribed by the Minister or Minister of Finance, the rules necessary to regulate the following matters: 1) Set the staff plants of the Women's Subsecretariat and Gender Equity and dictate all the necessary norms for the proper structuring and operation of this. In particular, it may determine the degrees and levels of the Single Salary Scale to be assigned to such plants; the number of charges for each grade and plant; the general and specific requirements for the income and promotion of such charges; denominations and hierarchical levels, for the purposes of the application of the provisions of article 8 of Law No. 18,834, whose consolidated, coordinated and systematized text was established by the decree with force of law Nº29, 2004, of the Ministry of Finance. It shall also determine the rules necessary for the implementation of the modernisation allocation of law Nº19,553, in its transitional application. In addition, it shall lay down rules for the establishment of plants, which may include officials or officials who are transferred from the National Women's Service. 2) Dispose, without a solution of continuity, the transfer of officials and Plant and contract officials, from the National Women's Service to the Subsecretariat of Women and Gender Equity. In the respective decree with force of law that establishes the plant of personnel, the way in which the transfer will be carried out will be determined and the number of functionaries or functionaries that will be transferred by estamento and legal quality, being able to establish, in addition, the time limit for this process to be carried out. The individualization of the staff transferred and their pigeonings, when appropriate, will be carried out through decrees issued under the formula "By order of the President or President of the Republic", through the Ministry of Social Development or the Ministry of Women and Gender Equity, as appropriate. 3) Determine the maximum allocation of the staff of the Subsecretariat of Women and Gender Equity, in which respect the limitation established in the second paragraph of article 10 of the decree with force of law Nº29, 2004, of the Ministry of Hacienda. 4) Modify the plant of the National Women's Service, which will be called the National Women's Service and Gender Equity, allowing the creation, transformation and suppression of charges and the modification of denominations and degrees. It may also set new requirements and determine the hierarchical levels, for the purposes of applying the provisions of Title VI of Law No 19,882 and Article 8 of Law No 18,834, whose consolidated, coordinated and systematized text was established by the decree with force of law Nº29, 2004, of the Ministry of Finance, where appropriate. In addition, it may modify its maximum staffing, in which respect it shall not govern the limitation set out in the second paragraph of Article 10 of the aforementioned decree with force of law Nº29, 2004, of the Ministry of Finance. 5) Determine the date or dates for the entry into force of the permanent article of this law, of the plants it establishes, of the transfer and of the pigeonings that are practiced and of the initiation of activities of the Ministry of Women and the Equity of Gender. In addition, it shall determine the entry into force of the amendments referred to in the preceding numeral. (6) The requirements for the performance of the charges to be laid down in the exercise of the power referred to in numerals 1) and 4) of this Article shall not be required for the purposes of typecasting in respect of officials or officials. holders and contracts in service to the date of entry into force of the or the respective decrees with force of law. Likewise, officials or officials who are engaged in service to the effective date of the or the respective decrees with force of law, and those whose contracts are extended under the same conditions, shall not be required to meet the requirements of the law. are established in the decrees with corresponding force of law. (7) The use of the powers referred to in this Article shall be subject to the following restrictions with respect to the staff concerned: (a) It shall not have as a consequence and may not be considered as a cause of service termination, charges, termination of duties or termination of the employment relationship of the staff transferred. It shall also not be able to import change from the usual residence of officials or officials outside the region in which they are providing services, except with their consent. (b) It shall not mean loss of employment, cessation of duties, reduction of remuneration or modification of the rights of staff transferred. Any difference in remuneration must be paid by an additional payroll, which will be absorbed by future remuneration improvements that correspond to officials and officials, except for general readjustment derivatives. workers in the public sector are granted. Such a template shall maintain the same amount of imputability as that of the remuneration it compensates. In addition, the general readjustment indicated above will apply to the supplementary plan. (c) Transferred officials or officials shall retain the age allowance they have recognised, as well as the time taken into account for such recognition. 8) Transfer, as appropriate, the goods that it determines, from the National Service of Women to the Fisco, to be destined for the Ministry of Women and Gender Equity. Article 2.-The greatest expense arising from the exercise of the faculty of the first transitional article, considering its full year effect, may not exceed the amount of $4,020,480 thousand. Article 3.-The President of the Republic, by decree issued through the Ministry of Finance, will make up the first budget of the Ministry of Women and Gender Equity and will transfer to this the funds of the National Service Women, who will be called the National Service of Women and Gender Equity, necessary to fulfill their functions, and can create, delete or modify the chapters, programs, assignments, items and budget glosas that they are relevant. Article 4.-The official or official who, at the date of publication of the decrees with force of law referred to in the first transitional article, is in the position of Director or National Director of the National Service of the Woman, while maintaining such appointment, will continue to receive the remuneration that the law corresponds to, including the assignment of higher management of the article 1 of Law No. 19.863. Article 5.-As long as the Welfare Service of the Ministry of Women and Gender Equity is not established, all its officials and officials may be affiliated with or continue to be affiliated to the National Women's Service and Equity Gender. Officials and officials of the plant and contract of the National Women's Service who are transferred to the Ministry of Women and Gender Equity will be able to retain their affiliation to the associations of officials of the designated service. This affiliation will remain in force until the Ministry of Women and Gender Equity has formed its own association. However, after two years from the date of entry into force of the decree with force of law referred to in the first article of the transitional article, it will cease, by the sole ministry of the law, its affiliation to the associations of officials of the institution of origin. Article 6-The largest tax expense that the application of this law means, in its first year of validity, will be financed from the resources transferred to the Ministry of Women and Gender Equity, in accordance with the provisions of the the transitional third article. Notwithstanding the foregoing, the Ministry of Finance, under the budget heading Treasury, may supplement that budget in the portion of the expenditure that cannot be financed from such resources. For subsequent years, the largest expenditure will be financed from the resources provided for in the respective public sector budget laws. " Having complied with the provisions of Article 93 (1) of the Constitution of the Republic of the Republic, and because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 8 March 2015.-MICHELLE BACHELET, President of the Republic.-Rodrigo Penailillo Briceno, Minister of the Interior and Public Security.-Jorge Burgos Varela, Minister of National Defense.-Alberto Arenas De Mesa, Minister of Hacienda.-ximena Rincon González, Minister General of the Presidency.-Luis Cespedes Cifuentes, Minister of Economy, Development and Tourism.-Fernanda Villegas Acevedo, Minister of Social Development.-Nicolas Eyzaguirre Guzmán, Minister of Education.-José Antonio Gómez Urrutia, Minister of Justice.-Javiera Blanco Suárez, Minister -Carmen Castillo Taucher, Minister of Health.-Maria Paulina Saball, Minister of Health Ivienda and Urbanism.-Carlos Furche Guajardo, Minister of Agriculture.-Claudia Pascual Grau, Minister Director of the National Women's Service. What I transcribe to you for your knowledge.-Saluda Atté. to Ud., Patricia Silva Melendez, Deputy Secretary General of the Presidency. CONSTITUTIONAL COURT Draft law that creates the Ministry of Women and Gender Equity and modifies legal norms, corresponding to the bulletin No. 9287-06. The Secretariat of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the bill enunciated in the rubric, approved by the National Congress, in order for this Court to exercise preventive control of Article 8, first paragraph, of the draft law and that by judgment of 5 March 2015, in the Autos Rol Nº 2.788-15 -CPR. It is resolved: 1. That the first article, first paragraph, of the project, regarding the Inter-Ministerial Committee for Equal Rights and Gender Equity, as an instance of agreement for the Ministries, is constitutional. Santiago, March 5, 2015.-Marta de la Fuente Olguin, Secretaría.