Aportes de la Ley 21.369 de 2021 a la regulación del acoso sexual en Educación Superior

Abstract

One of the consequences of the feminist protests in May in Chile is the enactment of Law 21.369 on sexual harassment, violence and gender discrimination in the higher education. This law sets forth one of its objectives as promoting comprehensive policies aimed at preventing, investigating, penalizing, and eradicating sexual harassment and other forms of violence in higher education to establish safe and harassment-free environments. Therefore, the article examines the provisions of Law 21.369 concerning sexual harassment in the academic context. It explores the regulatory norms that preceded the law’s enforcement, the constitutive elements of the concept of sexual harassment as defined by the law, and the difficulties arising from its scope within higher education institutions. The broad scope of application of the academic sexual harassment norms and the extent of institutional investigatory powers have posed certain challenges in implementing the law, leading administrative and judicial authorities to interpret its provisions.