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The Chamber room of Deputies and Deputies approved this Tuesday, and dispatched for enactment as law, the project that adapts legal bodies to remove the impediment that hinders the remarriage of women in Chile.
The norm, discussed in the third constitutional process, updates the current law -which dates back to the 19th century– and cancel within 270 days that required a woman to contract the second marriage, after the end of the first.
This impediment had its origin in an eventual presumption of paternity of the children that the woman could have in her second marriage, which, to this day, is considered transversely a sexist bias discrimination.
That changes
In the main, the text states that, If the woman contracts two marriages successively and gives birth to a child after the second has been celebrated, the current husband’s child will be presumed, regardless of the period that has elapsed since the dissolution of the first marriage, without prejudice to the right of the current spouse to ignore this paternity, if certain cases are met.
However, paternity unknown, The husband of the antecedent marriage shall be presumed father provided that the child was born within three hundred days of its dissolution.
The foregoing will also apply in the case of successive civil union agreements, marriage followed by civil union agreement and civil union agreement followed by marriage.
The deputies who took part in the debate pointed out that this project ends with a anachronism and discrimination against women.
It was also argued that progress should be made towards a more equal society that eradicates femicide, which represents the supreme form of gender violence against women, the Chamber noted on its website.
In this regard, the Minister for Women and Gender Equality, Monica Zalaquett, stated that the elimination of the nineteenth-century standard “It is a great step in the construction of a fairer Chile.”
The change “will allow men and women to have the freedom to rebuild our lives without discrimination,” said the Secretary of State, stressing that “We must end all anachronistic norms that affect women.”
Good news for women and a great step in the construction of a fairer Chile: Second Marriage is Law, it will allow men and women to have the freedom to rebuild our lives without discrimination. we must end all anachronistic norms that affect women.
– Monica Zalaquett S (@monicazalaquett) September 1, 2020
The deputy Camila vallejo (PC) celebrated the approval of the project and qualified as “incredible that such anachronistic laws are in force.”
After being 2 years standing in the Senate, the bill that eliminates the 270 days for the second nuptials of women was approved in the House! Incredible that such anachronistic laws are in force. We continue forward to eliminate the different types of violence against women 👏 pic.twitter.com/etsatcaKRI
– Camila Vallejo Dowling #APRUEBO (@camila_vallejo) September 1, 2020
We approve in final process our project that we present with @nmonckeberg 2017, which ended with anachronistic discrimination against the woman that prohibited her from remarrying within 270 days after the 1st marriage was dissolved. pic.twitter.com/6EB3LKjKDn
– Matías Walker Prieto (@matiaswalkerp) September 1, 2020
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