Country profile CHL
Context
Context
| Year | Age group | Proportion | Gender | Indicator | Source |
|---|---|---|---|---|---|
| 2012 | 5-17 | 3.3 | Male | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2012 | 5-17 | 1.4 | Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2012 | 5-17 | 2.3 | Male & Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2012 | 5-17 | 6.7 | Male | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2012 | 5-17 | 5.2 | Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2012 | 5-17 | 5.9 | Male & Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Minimum age for hazardous work | 2021-08-31 | C138 & C182 | Decree No. 1 approving regulations pursuant to the final paragraph of Article 15 of the Labour code, as amended by law No. 21271- Section 14 and 15 | [{"link_name":"Decree No. 1","source_link":"https://www.bcn.cl/leychile/navegar?idNorma=1160031"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Section 14 and 15 of the Labour Code prohibits the employment of young persons between the ages of 15 and 18 years to undertake work considered to be hazardous and which by its nature is prejudicial to regular attendance at school and/or participation in vocational guidance or training programmes. |
| Minimum age for admission to apprenticeship | 1997-09-10 | C138 | Law 19518 on Training and Employment - Article 57 | [{"link_name":"Law 19518 on Training and Employment","source_link":"https://www.bcn.cl/leychile/navegar?idNorma=76201"}] | 15 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | Article 57 of the Law sets the minimum age for admission to apprenticeship to 15 years. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2009-08-17 | C138 | General Education Law No. 20370 - Articles 4, 25 and 27 | [{"link_name":"General Education Law No. 20.370","source_link":"https://www.bcn.cl/leychile/navegar?idNorma=1006043"}] | No | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Article 4 of the General Education Law No. 20370 provides that " Basic education and secondary education are mandatory." Article 25 states that the regular basic education level will have a duration of 6 years, and the regular secondary education level will have a duration of six years. Article 27, for its part, provides that "The minimum age for admission to regular basic education shall be six years and the maximum age for admission to regular secondary education shall be 16 years. It should be noted that these age limits may be different in the case of special or differentiated education. Consequently, the age of completion of compulsory schooling is set above the minimum age for admission to work. |
| Light work - Determination of types and conditions of activities | 2021-06-01 | C138 | Act No. 21271 Amendment to the Labour Code - Section 13 | [{"link_name":"Act No. 21271","source_link":"https://www.dt.gob.cl/legislacion/1624/articles-95516_recurso_1.pdf"}] | Yes | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Section 13 of the Labour code provides that the hiring of young persons must be subject to the written authorization of the person responsible for the personal care and legal representation of the young person (or in the absence of such a person, of the respective labour inspector). Moreover, the young person must demonstrate that they have completed middle school or is currently engaged in middle school or basic education, and working time may not be more than 30 hours a week, distributed in a maximum of six hours a day during the school year, and up to eight hours a day during breaks in the school year and the holiday period. The employer is required to inform the Local Children’s Office of the hiring of the young person. |
| Minimum age for light work | 2021-06-01 | C138 | Act No. 21271 Amendment to the Labour Code - Section 14 | [{"link_name":"Act No. 21271","source_link":"https://www.dt.gob.cl/legislacion/1624/articles-95516_recurso_1.pdf"}] | 15 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | Section 14, as amended, by the Labour Code provides that young persons between the ages of 15 and 18 years may undertake protected work for young persons, defined as work that is not considered to be hazardous and which by its nature is not prejudicial to regular attendance at school and/or participation in vocational guidance or training programmes. |
| Minimum age for admission to work | 2021-06-01 | C138 | Act No. 21271 Amendment to the Labour Code - Section 13 | [{"link_name":"Act No. 21271","source_link":"https://www.dt.gob.cl/legislacion/1624/articles-95516_recurso_1.pdf"}] | 15 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Section 13 of the Labour Code prohibits the recruitment of boys, girls and young persons under the age of admission to work, defined as persons under 15 years of age. |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2022-04-01 | C182 | Law 21444 on the use of minors in crimes or offences - Article 72 | [{"link_name":"Law 21444","source_link":"https://www.bcn.cl/leychile/navegar?idNorma=1174563"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Article 72 of Law 21444 on the use of minors in crimes or offences states that when the offence is committed with the involvement of one or more persons under the age of 18 and over the age of fourteen, the minimum penalty or the minimum degree of the penalty indicated, as appropriate, shall be excluded with respect to the adult defendants who participated in it. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 1974-11-12 ; 2022-12-20 ; 2011-04-01 | C182 | Penal Code - Section 367; Law 21522 Inserting a new paragraph in Title VII of Book II of the Penal Code, relating to the Commercial sexual exploitation and pornographic material of children and adolescents - Article 367 Quater ; Law 20507 which criminalises human trafficking and the smuggling of migrants - Article 411 quater | [{"link_name":"-Penal Code","source_link":"https://www.bcn.cl/leychile/navegar?idNorma=1984"},{"link_name":"-Law 21522","source_link":"https://www.bcn.cl/leychile/navegar?idNorma=1187183"},{"link_name":"-Law 20507 which criminalises human trafficking and the smuggling of migrants","source_link":"https://www.bcn.cl/leychile/navegar?idNorma=1024319"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Section 367 of the Penal Code, any person who promotes or facilitates the prostitution of minors to satisfy the desires of others shall be liable to the maximum sentence of presidio minor (short-term imprisonment). In addition, Article 367 Quater of the Law 21522 punishes anyone who uses children to product pornographic or sexually exploitative material. These principles are further reinforced in Article 411 quater of Law 20507 which criminalises human trafficking and the smuggling of migrants. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1978-08-02 | C182 | Decree No. 2306 - Section 13 | [{"link_name":"Decree No. 2306","source_link":"https://www.bcn.cl/leychile/navegar?idNorma=6876"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Section 13 or the Decree No. 2306 respecting the recruitment and mobilization of the armed forces provides that military duty covers all persons, without any distinction whatsoever on grounds of sex, from the ages of 18 to 45. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2011-04-08 ; 1874 | C182 | Law No. 20507 addressing the crimes of smuggling of migrants and trafficking in persons and establishing rules for their prevention and more effective criminal prosecution ; Penal Code - Section 411 quatre | [{"link_name":"-Law No. 20507","source_link":"https://www.bcn.cl/leychile/navegar?idNorma=1024319"},{"link_name":"-Penal Code","source_link":"https://www.bcn.cl/leychile/navegar?idNorma=1984"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Act No. 20507 of 2011 introduced into the Penal Code provisions criminalizing trafficking in persons and that established the penalty of rigorous imprisonment (reclusion mayor) in cases where the victims are minors (Section 411 quatre of the Penal Code). |
| List of hazardous activities prohibited for children | 2021-08-31 | C138 & C182 | Decree No. 1 approving regulations pursuant to the final paragraph of Article 15 of the Labour code, as amended by law No. 21271 - Title II | [{"link_name":"Decree No. 1","source_link":"https://www.bcn.cl/leychile/navegar?idNorma=1160031"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | Decree No. 1 issued regulations under Section 15 of the Labour Code, Title II of which sets out the activities considered to be hazardous in view of their nature. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 17-JUL-2000 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 01-FEB-1999 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| Chile is a Pathfinder Country of the Alliance 8.7, a global partnership committed to eradicating forced labour, modern slavery, human trafficking, and child labour. As part of this initiative, Chile has initiated the development of a comprehensive roadmap 2022-2025 towards achieving Sustainable Development Goal (SDG) 8.7. This roadmap outlines the strategic objectives and actions necessary to make significant progress in these areas. According to the strategic workshop report held on 6 and 7 october 2022 the main objectives of Chile's roadmap are: Information and Knowledge: Enhancing the understanding and dissemination of information related to child labour, forced labour, and human trafficking. Detection and Referral: Improving mechanisms for identifying and directing cases of exploitation to appropriate services. Cooperation and Alliances: Strengthening collaborations between various stakeholders, including government agencies, civil society, and international organizations. | [{"link_name":"SDG 8.7 Roadmap","source_link":"https://www.alliance87.org/sites/default/files/2024-03/Informe%20sistematizaci%C3%B3n%20Segundo%20Taller%20Estrategico%20Chile%20Pa%C3%ADs%20Pionero%20-%20VFBorrador.pdf"}] | 2022-2025 | SDG 8.7 Roadmap | Ministry of Labour and Social Welfare (MINTRAB) and the Ministry of the Interior and Public Security. |
| This policy seeks to prevent and combat human trafficking, including among groups especially vulnerable to this crime, such as women and migrants, children and adolescents, who are more exposed to trafficking and related exploitation. Particularly vulnerable are abandoned, orphaned, homeless or displaced children, those living in conflict zones, and those belonging to a racial or ethnic minority. | [{"link_name":"National Action Plan Against Human Trafficking","source_link":"http://tratadepersonas.subinterior.gov.cl/media/2022/03/Plan-de-acci%C3%B3n-nacional-contra-la-Trata-de-Personas-2019-2022-validado-25.06.2019.pdf"}] | 2019–2022 | National Action Plan Against Human Trafficking | National Intersectoral Table on Trafficking in Person |
| This plan contemplates different areas for the optimal development of children and adolescents, such as housing, health and education, but also aspects such as access to networks and a pollution-free environment. It also includes particularly vulnerable groups, such as children and adolescents in street situations, in alternative care, belonging to indigenous peoples and migrants. | [{"link_name":"National Plan of Action for Children and Adolescents","source_link":"https://www.desarrollosocialyfamilia.gob.cl/noticias/plan-de-accion-nacional-de-ninez-y-adolescencia-subsecretaria-presenta-resultados-del-plan-para-el-p"}] | 2018–2025 | National Plan of Action for Children and Adolescents | Ministry of Social Development, through the secretariat of Childhood and Adolescence |
| The thematic areas developed in the Strategy are education, social tolerance, the circle of poverty, and information and knowledge. These axes contain specific associated interventions that will serve as a framework for national and regional action. On this basis, each one of the regions should establish a regional strategy that faces the reality of child labour according to its productive characteristics. | [{"link_name":"The National Strategy for the Eradication of Child Labour and Protection of Adolescent Worker","source_link":"https://www.ilo.org/santiago/publicaciones/WCMS_380838/lang--es/index.htm"}] | 2015-2025 | The National Strategy for the Eradication of Child Labour and Protection of Adolescent Worker | National and regional committees for the elimination of child labour |