Program-for-Results - Improving the Quality of
Intersectoral Social Protection in Chile (P180253)
Environmental and Social Systems Assessment
March 18, 2024
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Abbreviations and Acronyms
DIPRES Budget Directorate
DLI Disbursement-related indicators
DRM Disaster Risk Management
ESSA Environmental and Social Systems Assessment
FIBE Basic Emergency Sheet (Ficha Básica de Emergencia)
FIBEH Basic Water Emergency Fact Sheet (Ficha Básica de Emergencia Hídrica)
GSL Local Social Management (Gestión Social Local)
MDSF Ministry of Social Development and Family (Ministerio de Desarrollo Social y Familia)
MMEG Ministry of Women and Gender Equality (Ministerio de la Mujer y Equidad de Genero)
OHS Occupational Health and safety
OLN Local Children's Office
PDO Program Development Objective
PforR Results-Based Program
POM Program Operating Manual
PRLAC Local Support and Care Network Program (Programa Red Local de Apoyos y Cuidados)
RA Results area
RIS Social Information Registry (Registro de Información Social)
RLAC Local Support and Care Network (Red Local de Apoyos y Cuidados)
RSH Social Registry of Households (Registro Social de Hogares)
SC Sub-secretary for Children
SENADIS National Disability Service (Servicio Nacional de la Discapacidad)
SENAMA National Service for the Elderly (Servicio Nacional del Adulto Mayor)
SenamEG National Service for Women and Gender Equality (Servicio Nacional de la Mujer y Equidad de
Género)
SIPS Intersectoral Social Protection System (Sistema Intersectorial de Proteccion Social)
SNC National Care System (Sistema Nacional de Cuidados)
SSE Sub-secretary for Social Evaluation (Sub-secretaria de Evaluacion Social)
SSOO Securities and Opportunities (Seguridades y Oportunidades)
SSS Sub-secretary of Social Services (Sub-secretaria de Servicios Sociales)
SUF Single Family Allowance (Subsidio Único Familiar)
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Table of Contents
Chapter 1: Introduction ........................................................................................................................................ 5
1.1 Purpose of the ESSA ............................................................................................................................. 5
1.2 ESSA Methodology ............................................................................................................................... 5
Chapter 2: Program Description ........................................................................................................................... 6
2.1 Government program .......................................................................................................................... 6
2.2 Program-for-Results (PforR) ................................................................................................................. 7
2.2.1 Scope of the Program-for-Results .................................................................................................... 7
2.2.2 Program Development Objectives and Outcome Indicators at the PDO level .............................. 10
2.2.3 Disbursement-linked indicators (DLIs) ........................................................................................... 11
2.2.4 Institutional arrangements for the implementation of the PforR ................................................. 13
2.2.5 Social Interventions of the Program .............................................................................................. 14
2.2.6 Exclusions ....................................................................................................................................... 14
Chapter 3: Potential Environmental and Social Effects of the Program ............................................................. 15
3.1 Potential Benefits and Risks and Environmental Impacts of the Project ........................................ 15
3.1.1 Potential environmental benefits .................................................................................................. 15
3.1.2 Potential environmental and health and safety risks and impacts ................................................ 15
3.2 Potential social benefits and risks ...................................................................................................... 16
3.2.1 Potential social benefits ................................................................................................................. 16
3.2.2 Potential Risks and Social Impacts ................................................................................................. 17
Chapter 4: Environmental and Social Assessment of Management Systems..................................................... 18
4.1 Environmental management systems relevant to the PforR ............................................................. 18
4.1.1 Environmental Legal Framework relevant to the Program ........................................................... 18
4.1.2 Institutional framework for the environmental management of the Program ............................. 20
4.2 Social management systems relevant to the PforR ........................................................................... 21
4.2.1 Legal and regulatory framework for the social management of the program .............................. 21
4.2.2 Institutional framework for the social management of the Program............................................ 23
4.2.3 Implementation of social management systems ........................................................................... 25
4.3 Evaluation of the Program's environmental and social management systems in relation to the basic
principles of the PforR policy .......................................................................................................................... 26
Chapter 5: Recommendations and Actions for the Program's Environmental and Social Systems ................... 34
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5.1 Actions to be included in the Program's Action Plan ......................................................................... 34
5.2 Commitments to be included in the Program Operational Manual (POM) .............................................. 35
5.3 Recommendations .................................................................................................................................... 36
5.3.1 Environmental Management of the Program ................................................................................ 36
5.3.2 Social Management of the Program .............................................................................................. 36
6 Annex- Social Assessment ........................................................................................................................... 37
6.1 The social protection sector in Chile ........................................................................................................ 37
6.2 Situation of vulnerable groups ........................................................................................................... 41
Socioeconomically vulnerable population according to the CSE ................................................................ 41
7. Annexo Legal ................................................................................................................................................... 53
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Chapter 1: Introduction
1.1 Purpose of the ESSA
The Environmental and Social Systems Assessment (ESSA) is a process that aims to analyze the environmental
and social systems that will govern the implementation of the Program for Results: Improving the Quality of
Intersectoral Social Protection in Chile (the Program). This evaluation is carried out in accordance with the Bank
Policy on Financing Programs-for-Results1, and the World Bank's Guide to Environmental and Social Systems
Assessment on Program Financing, both World Bank documents. This includes the analysis of the potential
environmental and social impacts and risks, the applicable regulations, and the institutional capacity to carry
out the environmental and social management of the Program.
The evaluation aims to ensure that programs supported by Program for Results funding are implemented in
ways that maximize potential environmental and social benefits and avoid, minimize or mitigate adverse
environmental and social impacts and risks. ESSA's findings contribute to the preparation of the Program Action
Plan (PAP) where actions will be agreed to close significant gaps in environmental and social management
systems that may exist, in line with the sustainability principles of the Bank's Policy on Programs-for-Results.
From an environmental point of view, the ESSA identifies the environmental risks, impacts and benefits of the
Program2 and then assesses the system, the capacity and performance of the Government through the review
of relevant national and sectoral laws. This evaluation will make it possible to determine whether the systems
analysed enable adequate management of the identified risks, in line with the provisions of the World Bank's
regulations on Programs-for-Results. With the same focus and objective, the ESSA also assesses occupational
health and safety (OHS) aspects.
From a social point of view, the ESSA assesses, in addition to risks and impacts, that there are no barriers for
accessing the benefits of the Program, especially for people belonging to vulnerable groups who, due to their
characteristics or situation, could face barriers for access. For example, women, the elderly, people with
disabilities, indigenous peoples, LGBTI+ people or migrants. Later on, it will be seen that in several cases the
design of the Program itself already contemplates measures to ensure the inclusion of these groups, and in
other cases, the necessary actions or recommendations may arise from the ESSA.
1.2 ESSA Methodology
The Environmental and Social Systems Assessment starts with a description of the Program's activities and then
evaluates the environmental and social risks and impacts that derive from them, as well as the benefits of the
1
https://thedocs.worldbank.org/en/doc/100b8a625834bdb25526e4a05391927a-0290012023/original/Policy-
PforR.pdf
2
Program is used with capital to refer to the Program for Results (PforR) financed by the Bank, while when
referring to program with a lower case, it will be talking about the program to improve Chile's intersectoral social
protection system, of which PforR finances only a part.
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Program. Following this, it describes the environmental and social systems that govern the Program, i.e.: 1) the
applicable regulations, including technical and sectoral aspects related to the Program, institutional aspects,
and relevant environmental and social regulations; and, 2) the agencies and areas that will be responsible for
implementing the Program based on these regulations. The next section will discuss these systems in the light
of the six core principles set out in the Bank's policy for Programs-for-Results. Finally, in the final section, the
product of this analysis is reflected in actions or recommendations to propose improvements that facilitate
access to the benefits of the Program or actions that allow closing gaps between what is required in the
principles and the implementation of local regulations. This may be reflected through proposed actions for the
Program's action plan, actions to be included in the Program's Operational Manual (POM), or
recommendations.
Chapter 2: Program Description
2.1 Government program
The program to improve the quality of social protection in Chile was established in 2023 in the Public Account
of the Ministry of Social Development and Family. The program includes three main lines of action: (i)
strengthening social policy from a universal and rights-based perspective; (ii) implement the digital social data
ecosystem and the one-stop-shop; and (iii) progress to protect the rights of children and adolescents. In the
Public Account document, the Ministry outlines 7 strategic objectives, 5 of which are particularly relevant to
the Program. The specific activities described under each objective respond to the challenges faced by the
social protection system in Chile. First, the program aims to work for the inclusion of vulnerable individuals and
vulnerable families in the social protection system, providing guaranteed minimum floors for transfers and
services. The main measures announced in the Public Account are:
- Automatic receipt of the SUF by children from families belonging to the 40% most vulnerable,
significantly reducing the population excluded from the benefit by eliminating the barriers generated
by the application/application process and creating a floor of economic security for the families of
these children.
- Implementation of the System of Guarantees and Comprehensive Protection of the Rights of Children
and Adolescents (Law 21.430) to address their risks of harm, including through the operation of local
offices for children (OLNs) in all municipalities; and
- Design and implementation of a National Care System, prioritizing those in a condition of dependency
and their caregivers.
Second, the Public Account highlights measures to improve the effectiveness of the social protection system:
Operational improvements will be made in Families, the largest program in the Security and Opportunities
Subsystem, particularly in relation to the promotion of employment and employability of participants. In
addition, one of the strategic objectives is a stronger focus on adaptive social protection, including through the
integration of territorial risk data with existing registries to promote a more proactive response to climate
change and through the empowerment of citizens to access post-emergency assessments.
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Finally, the Public Account outlines measures to improve the efficiency of the social protection system The
document emphasizes the importance of improving the use and management of social data through the
implementation of digital ecosystem and "one-stop-shop" projects. The purpose includes reducing the
procedural burden on clients, facilitating the evaluation of eligibility requirements for social benefits, and
minimizing the need to request client information when it can be obtained from other government agencies.
Linked to this objective is the importance of further advances in the municipal use of GSL. The implementation
of reforms and improvement of the social protection system described above over the next 5 years aim to
make Chile move even further towards guaranteed social rights and a guaranteed social protection system and
an articulated social protection system that accompanies families throughout their lives, promoting equality
and dignity.
2.2 Program-for-Results (PforR)
2.2.1 Scope of the Program-for-Results
Through the financing instrument known as the "Program for Results" (hereinafter, the Program), the Bank will
support part of the activities that make up the program to improve the social protection system that the
Government of Chile has begun to implement. The following section lists the Program activities that fall under
the World Bank-funded Results-Based Program. It is important to note that in no case do the activities included
in the Bank-financed program involve the construction or renovation of buildings or infrastructure works. The
scope of the Program is described below.
The Program will focus on five specific vulnerable groups: (i) those living in poverty; (ii) children and
adolescents; (iii) dependents due to age and/or disability and their caregivers (mostly women); (iv) people
affected by external shocks, especially linked to climatic events; and (v) women victims of gender-based
violence. While there may be overlaps, each group represents a different category of support within the social
protection system and requires different coordination and management processes, data and other decision-
making tools, as well as specific types of services and guarantees. The Program will focus on a subset of
components within the social protection system. For each result area, the Program will support interventions
across the intersectoral space of the social protection system. It will also define the intermediate outputs and
outcomes needed to achieve the Program Development Objective (PDO).
This PforR aims to support the efforts of the MDSyF and the MMEG to improve the quality of social protection
for vulnerable households and individuals. This is achieved through 3 Result Areas (RA), whose objectives and
activities are described below:
Result Area 1 Inclusion (RA1): The RA is to increase inclusion as more children, adolescents, dependents, and
their caregivers increase their access to services and benefits that meet their needs. Activities include:
- A reform in the SUF eligibility determination process by making it automatic for children from
households belonging to the bottom 40% of the income distribution.
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- As part of the implementation of the Law of Guarantees for Children and Adolescents, the MDSyF will
progressively open local children's offices (OLN) in all municipalities, enabling an expansion of services
to reduce the risk for children potentially vulnerable to harm. Based on the expenditure framework,
the opening of these offices is not expected to include the acquisition of equipment, services, or
infrastructure reforms at the local level.
- The National Care System (SNC) will also be consolidated and expand services for the population
categorized as having moderate or severe functional dependency (i.e., those who need support and
care in activities of daily living) and their caregivers who currently have a limited set of services to
meet their needs and/or these services are not present in their municipalities. Given the multiple care
needs, the national care system will expand the coverage, type and quality of social care support.
Result Area 2 Effectiveness (RA2): The second result area is to increase the effectiveness of social protection
to the extent that beneficiaries of the Families Program receive the relevant services to move above the
extreme poverty line, victims of gender-based violence receive a more integrated response, and households
affected by climate and natural shocks reduce their vulnerability. There are three activities:
- one relates to access to services by Families participants,
- the second focuses on improving the quality of services to prevent and respond to cases of gender-
based violence, and
- The third focuses on shock/disaster response capacity.
The MDSyF will implement a set of measures to ensure that beneficiaries of the Families Program who need
to improve their employment situation and improve their income can access adequate education and active
labor market programs in a timely manner. Currently, despite having agreements with multiple agencies
offering various programs, only a fraction of participants benefit from these services during their first year at
Familias. Measures to be taken include expediting referrals through modification of the diagnostic phase in
family counseling/coaching, providing better guidance for family coaches in that area, utilizing more of the
available program seats and negotiating additional seats, simplifying the application process to facilitate
participation, mapping local programs and improving monitoring and follow-up of referrals.
To improve the response to gender-based violence, the Ministry of Women and Gender Equality will
collaborate with institutions on the critical path, agencies that are the first responders to victims. This
collaboration will involve the use of an integrated gender-based violence case management platform that will
provide secure access to critical information, an alert mechanism, and referrals to services. The goal is to
support women through an improved integrated system and increase the traceability of the support provided
to them, including those who seek support without having a formal report of gender-based violence to the
police or the courts.
In the context of the exacerbation of the effects of climate change, which coexist with natural disasters,
another set of measures will strengthen the links between social protection and existing disaster risk
management and financing systems in Chile with the aim of improving the capacity to respond to disasters and
meet post-shock needs. The focus will be on providing support for the distribution of social benefits during
climate-related emergencies and natural disasters and on improving information tools and platforms with a
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citizen-centric approach. In addition, actions in other program areas would improve resilience, for example, by
expanding the coverage of the SUF and more efficient implementation of regular social protection programs
through the GSL. The activities will be implemented in two of the four pillars of adaptive social protection: (I)
programs and distribution system, and (ii) data and information. In the block of programs and distribution
systems, the MDSyF will provide data (FIBE and FIBEH) to allow the Ministry of the Interior to quickly distribute
the recovery bonus3, the main monetary transfer to respond to shocks/emergencies in Chile. In addition, the
MDSyF will closely monitor the receipt of this transfer and assist in the resolution of any issues that may arise.
Various activities are planned in the data and information block:
- First, maps will be created based on geographic information collected on the severity of impacts
associated with climate change by area and population. These maps will be made available to
interested parties, such as municipalities, through a public portal.
- Secondly, if there is emergency information (FIBE and FIBEH) on a household, this will be reported in
the Social Registry of Households (RSH) and access to this information will be simpler for the affected
population.
- Third, the MDSyF will negotiate additional data-sharing agreements with other public agencies and
levels of government (regions and municipalities). Moreover, efforts will be made to strengthen the
functionality of the support information platform, facilitating rapid access to information on the
affected population.
- Finally, a monitoring system will be implemented that will allow institutional users to report on the
benefits provided and identify additional needs.
Result Area 3: Efficiency (RA3). The third result area focuses on increasing efficiency in management and
information systems to reduce transaction and time costs for system users and beneficiaries and improve
case management at the central level.
First of all, the MDSyF will develop a new platform, called "Digital Ecosystem and Single Window", which will
be accessible to both external users (citizens) and MDSyF users (staff). This new platform is a crucial project in
the Government's Program to improve the delivery of services. The one-stop shop will be the point of entry to
approximately one hundred services of the MDSyF and its related agencies (social programs, cash transfers,
and data to identify the social needs of the population), consolidating documentation requirements in fewer
steps and simplified procedures. The design focuses on simplifying the most commonly used or problematic
procedures with a high rejection level or incompleteness percentages and on improving interoperability. This
aims to provide a better service to both internal and external users of the MDSyF.
The second activity is the use of local social management (GSL) to improve local management of cross-sectoral
social protection benefits and services, particularly referrals. The GSL is a distribution system that has created
a kind of one-stop shop through which municipal staff facilitate access to local and national social services for
3
The Recovery Bonus is a freely available economic contribution granted to households whose homes and/or
belongings have been affected by emergency, disaster or catastrophe situations. The aim is to support families to
regain their living conditions. This contribution is paid only once by deposit in a Rut Account or cash withdrawal at
branches of Banco Estado.
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their vulnerable population. Indicators will be developed based on the information available in the supporting
information system, including measuring the performance of municipalities that exceed a threshold of
transactions between specific modules.
Both the expansion of the care system (RA1) and the provision of technical support to beneficiaries of the
Families Program will expand its support for people with disabilities. Through the national care system,
technical support will be provided to the beneficiaries of the Families program and through Securities and
Opportunities to those who are in extreme poverty to achieve the goal of reducing the level of dependency
and relieving family caregivers. As part of the program, the percentage of households with members with
disabilities and dependency in each of these programs that actually receive technical assistance will be
monitored.
2.2.2 Program Development Objectives and Outcome Indicators at
the PDO level
The development objectives of the Program are linked to the three aspects in which the project aims to
improve Chile's social protection system: inclusion, effectiveness, and efficiency.
The inclusion element of the ODP is to assess the access of eligible children to the benefit system and to care
services for people with different levels of dependency. Currently, approximately two million children
(850,000 families) receive a long-standing non-contributory family benefit (SUF) but, in addition, a significant
number of children (400,000 children) were identified as potentially eligible and not covered by family
allowances or benefits for children with disabilities. The Program will support the transformation of the receipt
of this benefit into an automatic one, which will make it possible to break down barriers such as time, cost and
lack of knowledge. Support and protection for children and adolescents who are at risk of having their rights
violated will be expanded through the operation of a network of local offices (OLNs) that will be responsible
for the implementation of the Child Protection Program, including the development of local-level plans and
case management to prevent and address violations of children's rights. In addition, people with different
levels of dependency and their caregivers will have better access to more and more diverse care services as
part of the expansion of the national care system. In addition, efforts to improve the quality of care provision
under the SNC involve the certification of caregiver skills.
The effectiveness element of the ODP focuses on the Families Program, Chile's most important strategy to
reduce extreme poverty, increase shock response, and support for victims of gender-based violence. In
addition to receiving cash transfers (unconditional and conditional), employment counseling and coaching,
Families participants should be linked as soon as possible to services appropriate to their needs, including those
that would improve their ability to sustainably improve incomes. However, currently less than half of
participating families access programs within two years of entering the program, due to deficiencies in the
quality, relevance and capacity of services and administrative barriers. Efforts to overcome these gaps will
include expanding the space available in these programs by adding locally available programs, and increasing
the speed of identifying participant needs and referring to relevant services, particularly those related to
income generation. The MDSyF will collect and share the data needed to support risk mitigation and resilience
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efforts against shocks and strengthen arrangements to exchange information and monitor benefits for those
affected by shocks. Effective support to victims of gender-based violence will be achieved by taking steps to
overcome the lack of a centralized case management system, increasing traceability, reducing fragmentation
in service delivery, and improved referral procedures that allow for better coordination and services for victims
of gender-based violence.
The ODP efficiency element focuses on the integration of services and data into a one-stop-shop for citizens
and officials. Simplifying procedures and reducing costs for citizens to enroll and participate in social programs
will reduce the monetary (money for documents, transportation) and non-monetary (time to schedule face-
to-face meetings) costs to participate in social programs. These enhancements will also reduce costs for
officers/agents to provide better services to internal and external users. The Local Social Management (GSL)
platform, including performance tracking, would allow municipal employees to easily access information and
involve all relevant stakeholders to meet the needs of their customers. Integrating data to identify those who
have been affected by shocks will enable faster and better informed decision-making, both for responders and
affected households.
2.2.3 Disbursement-linked indicators (DLIs)
Unlike a traditional investment project in which the Bank approves the various investments in technical,
procurement, and environmental and social terms and authorizes the corresponding disbursements, the
Program-for-Results establishes a series of results that, once achieved, give rise to the agreed disbursements
(for the full value or in a staggered manner depending on progress, as agreed). To evaluate this progress in the
results, a series of indicators are established that, in cases where they are directly associated with
disbursements, are called disbursement-linked indicators (DLI) and whose compliance is verified by an
independent verification body. Other indicators can also be defined to measure the progress of the Program
even if they are not associated with disbursements. In the case of this particular Program, the DLI are closely
linked to the aspects considered in this evaluation, as they imply social benefits in themselves, such as, for
example, the expansion of the coverage of allowances for children and adolescents, or the increase in the
proportion of women receiving services for gender-based violence among women seeking services. As a result
of the ESSA, new DLIs could be proposed, although in this case the conclusions of the evaluation derive
proposed actions for the Program Action Plan, commitments to be included in the operational manual and
recommendations.
Table 1 Program Disbursement Indicators (DLI)
Results Area DLI Definition Amount
1.Inclusiveness 1. Coverage of the system of Percentage of children and adolescents living in vulnerable 60 M
allowances for children and households covered by the family allowances system. (TBC)
adolescents in situations of Numerator: number of children and adolescents under 18
socio-economic vulnerability years old living in households in the 40% with greater
socioeconomic vulnerability according to the socioeconomic
classification system used by the MDSF that are receiving
either SUF, the Family Allowance (AF) or the Disability
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Subsidy (SD) for children under 18 years old in the given
month.
Denominator: number of children and adolescents under 18
years old belonging to the 40% of households with greater
socioeconomic vulnerability.
.
2. Number of beneficiaries of Number of people with dependency and unpaid carers 15 M
care support services receiving care support services through the SENAMA, (TBC)
SENADIS and SSS care programs included in the 08 budget.
2. Effectiveness 3. Percentage of Communes Percentage of Communes using SernamEG system to 7M
managing support to persons support women affected by gender-based violence. (TBC)
affected by GBV under the Numerator: number of Communes using the SernamEG
SernamEG’s new integrated system.
system Denominator: total number of Communes
4. Percentage of households Percentage of households in the Familias program with at 10 M
receiving intersectoral services least one household member aged 18 and over with interest (TBC)
related to income generation in the areas of work and education that, during the first year
during their first year in the in the program have had access to at least one program
Familias Program identified in their development plan related to the areas of
work and/or education.
Numerator: number of Familias households with at least
one household member aged 18 and over who had
expressed an interest in or identified a need for work and
education interventions in their development plan and who
enrolled in at least one program (which is not a program
provided by FOSIS or MDSF) in these areas during their first
year in the program. Denominator: number of Familias
households with at least one person aged 18 and over who
had expressed an interest in or identified a need for work
and education interventions in their development plan
5. Climate risk management A module allowing MDSF to access and analyze information 20 M
system strengthened generated by FIBE, RIS and ESH on the identified needs of (TBC)
the population affected by climatic and other natural shocks
and their receipt of multisectoral services has been
developed and become operational.
3. Efficiency 6. Integration of processes Single window public website (Ventanilla Ciudadana) with a 37.6
through the digital ecosystem single interface through which up to 154 critical procedures (TBC)
identified in the Operation Manual can be accessed through
a single login session.
Single window website for public officials with a single
interface with access to the GSL System, RSH and SSOO can
be accessed through a single login session.
Installation of web service or batch services that allow the
integration and operation of Social Emergency Information
(SISE) with RIS in the single window and GSL System
platforms.
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2.2.4 Institutional arrangements for the implementation of the
PforR
The Program will be implemented by the Ministry of Social Development and Family (MDSyF) and the Ministry
of Women and Gender Equality (MMEG). In addition, in most parts of the country, municipalities supervise the
provision of services and, in this regard, participate in the intersectoral system of social protection that is
formalized in the agreements they sign with the MDSyF. There are 346 municipalities covering the entire
territory of the country. These municipalities are decentralized and have the legal powers and their own
resources to take charge of the provision of these services. The MDSyF develops norms, standards and
guidelines and provides technical assistance for their implementation.
The MDSyF team is part of the Cabinet of Ministers' office and manages the coordination of the Results-Based
Program. A Results-Based Program (CCA) Implementation Coordination Team was created within the MDSyF.
This ECP oversees two areas, a technical subdivision and a financial/administrative subdivision. The technical
branch is responsible for the overall oversight of the overall implementation of the Program and for
coordination at the senior level with the actors involved in the implementation of the Program. The functions
of the technical subdivision include:
• overall oversight of the implementation of the Program;
• coordinate: a) the implementation of the Program's activities throughout the MDSyF sub-secretariats
and other actors involved inside and outside the ministry, b) data collection, if applicable, and c)
external verification of the process with verification agents;
• monitor performance and report on DLI/DLRs;
• oversee, follow up on environmental and social issues, and fiduciaries. A team of two key members
will be appointed within the MDSyF departments relevant to the Results Program and other
participating entities, who will act as focal points. These focal points will work closely with the ECP and
oversee the implementation of the PforR in accordance with their areas of competence to ensure
compliance with outcome indicators.
The financial/administrative branch is responsible for financial management (FM) and procurement-related
activities, as well as the preparation of financial statements. Specifically, the financial/administrative
coordination unit will be responsible for budget management, procurement and financial management,
including, among others: (i) coordinating and supervising the execution of the Program's budget; (ii) supervise
the procurement and bidding processes executed by the Division of Finance and Internal Administration, within
the Sub-secretariat for Social Evaluation (SES); (iii) prepare financial statement reports; (iv) develop and
facilitate the external verification process with the Verification Agents; and (v) facilitate access to the
information required for the conduct of financial audits. The ECP will also coordinate with Chile's Budget
Directorate (DIPRES) to enable it to submit disbursement requests to the World Bank (WB).
One or more agents will be selected to be responsible for the verification of DLIs. The terms of reference for
verification will be prepared in a manner acceptable to the WB. The selected agent(s) will provide independent
verification of the achievement of DLRs. Different types of DLRs will require different verification
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methodologies. First, DLRs that reflect processes, such as the development of new systems, will require
verification based on a desk review (one-stop-shop DLI 5). Second, the DLRs that reflect coverage (DLI 1, DLI 2)
will be reported through existing government information systems, particularly records available in reports
from the Social Security Institute (IPS), monthly statistical records and/or electronic records from the Sub-
secretariat of Social Evaluation and RSH, among others. Arrangements for reporting and verification processes,
protocols, and methodologies acceptable to the Bank will be documented in the program's Operational
Manual.
2.2.5 Social Interventions of the Program
Given that this is an improvement of the social protection system, the Program itself has an eminently social
character and this is reflected in most of its interventions that end up having a positive impact in social terms,
both in the number of people belonging to vulnerable sectors who access social protection services and in the
improvement in the system of distribution of these services. making it easier for beneficiaries to access these
benefits (with lower costs in time and money, for example, by not having to submit separate documentation
for two services offered by the MDSyF).
Although the activities included under RA 2 and 3, effectiveness and efficiency, aim more directly at improving
the work within the responsible institutions (MDSyF, MMEG and municipalities) and the agents in charge of
the operation of the systems (interaction between different areas and institutions and at different levels of
government, improvements in information systems, etc.), in all cases this will have an impact on better access
to social protection services by beneficiaries. For example, better and faster access to relevant information on
the beneficiaries of regular MDSyF programs, coupled with improved information related to emergency
response, will result in a faster response in MDSyF interventions in response to climate emergencies and
natural disasters. Specifically in RA 3, the improvement in coordination of the MMEG with other institutions
whose participation is fundamental in the care of victims of gender-based violence, through the use of an
integrated case management platform that will provide access to critical data, an alert mechanism and the
possibility of making referrals, will result in an improved response to victims of gender-based violence.
Regarding RA1, linked to inclusion, the direct impact in social terms is even clearer, given that the activities
include the expansion of coverage through the automation of the receipt of benefits for children and
adolescents who are eligible (currently, families who are eligible for the SUF due to their condition must also
process the aid to obtain it, which results in some families who are eligible for the SUF). for various reasons do
not have access to the benefit to which they are legally entitled) and the expansion of the distribution of
services aimed at children and adolescents at risk through the operation of the network of local children's
offices. On the other hand, the activities of this result area will also have a direct impact on people with
dependency and their caregivers (who are largely women) who will have access to more and better services
due to the expansion of the national care system.
2.2.6 Exclusions
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Given the characteristics of the Program, it is not expected that it will contain activities that should be excluded
from PforR as set forth in the World Bank Policy. Program funds will not be used to finance land acquisitions
or infrastructure investments. It is also not possible to carry out any physical relocation, building or refurbish
of physical infrastructure on the ground, or impact on natural habitats or biodiversity, archaeological resources
or pollution.
Chapter 3: Potential Environmental and Social Effects of the
Program
3.1 Potential Benefits and Risks and Environmental Impacts of the
Project
3.1.1 Potential environmental benefits
Based on the preliminary findings of this draft ESSA, the main environmental benefits are related to the support
of the Program, through the activities of RA2-Effectiveness related to the capacity to respond to shocks and/or
disasters, which seek to contribute to Chile's adaptation to climate change. This will happen through three
aspects:
- by strengthening resilience and reducing vulnerability among those most susceptible to climate
impacts and their consequences, through their interventions,
- by establishing more effective and integrated measures to improve the access of vulnerable groups
and households affected by environmental crises to social protection benefits, and
- by contributing to Chile's efforts to mitigate climate change by having minimal impact on greenhouse
gas emissions.
3.1.2 Potential environmental and health and safety risks and impacts
Given that as of the date of this draft of the ESSA, the Program will not finance infrastructure activities, whether
construction, rehabilitation, remodeling, conditioning or maintenance, it can be anticipated that the
distribution of subsidies and transfers from the MDSF and the MMEG to the municipalities financed with the
PforR credit, will not generate relevant negative environmental risks or impacts. However, some of the
activities supported under the PforR, specifically some related to RA1-Inclusion, could have mild adverse
impacts associated with the training of public officials, caregivers and other actors, the opening and
operation of new OLNs and those associated with the safety and health of workers and beneficiaries involved
in the implementation and operation of these activities. Such as:
- Waste generation: generation of ordinary waste with the opening and operation of the OLNs financed
with the PforR credit, such as paper, cardboard, plastic, among others; electrical or electronic waste
such as printer ink cartridges, lamps, among others, which can contribute to pollution if not properly
managed.
15
- Occupational health: Workers involved in the implementation and operation of RA1-related activities,
such as training for public officials, caregivers, and other actors, OLN workers may face occupational
health risks if adequate safety measures, such as unsafe working conditions, are not implemented.
3.2 Potential social benefits and risks
3.2.1 Potential social benefits
Social benefits are intrinsic to the very objective of the Program. In this sense, the expansion of the coverage
of the programs, the automation of access to certain services, the improvement in access to information by
beneficiaries and operators of the system in the different ministries, among other activities, generate a positive
impact as more people belonging to the most vulnerable sectors of the population will be able to access the
services that correspond to them in the social protection system. That through different tools, access to the
corresponding social products and services is especially promoted by children and adolescents at risk of rights
violations, women victims of gender-based violence, persons with disabilities with different degrees of
dependency and their caregivers.
RA 1 aims to reduce the SUF coverage gap to ensure that children from the poorest households are reached.
The automation of access to the benefit for households belonging to the lowest 40% of the CSE, approved by
law in March 2023 and which will be implemented as part of the program, represents an important social
benefit to the extent that it will allow access to this subsidy to a greater number of children and adolescents
belonging to the poorest sector of the population and who, for different reasons, before the automation did
not access it help to which they were entitled.
The expansion of the national care system with greater availability of services at the local level for both people
with dependency and their carers represents an important benefit for a particularly vulnerable sector such as
people with disabilities, even more so in cases where these people also belong to the economically poorest
sectors. indigenous peoples or LGBTI+ people, a fact that statistically tends to make it more difficult to access
benefits. As these services expand, especially at the local level, it is expected that more people will be able to
access these benefits, including those who, in addition to being dependent for reasons of disability or age, have
another characteristic that affects their vulnerability.
RA 2 is focused on the effectiveness of the Program and in this sense, its activities are aimed at ensuring that
the institutions and agents that operate in the social protection system are better articulated and have more
and better tools to improve the distribution of services to the beneficiaries of the Program, both in those
activities related to the programs of the MDSyF in general, activities related to the response to climate
emergencies and natural disasters and the response to victims of gender-based violence by the MMEG and
other institutional actors involved at the local level.
In this sense, for example, through the link between social protection and existing aid for emergency response,
the aim is to improve the capacity to respond to disasters and to respond better to the needs of the affected
people in the post-emergency period. At the same time, in the case of attention to victims of gender-based
violence, the program's activities include the incorporation of the integrated case management platform that
16
will allow information to be shared securely with other actors involved, enabling rapid access to relevant data
that allows for faster intervention and a more agile articulation between different institutional actors involved
in order to respond adequately to victims ( for example, through referral through the same platform to provide
intervention in areas that offer a specific social service to which the victim is entitled and contributes to a more
comprehensive intervention in response to their situation).
Meanwhile, in result area 3, the improvements in the efficiency of the program promoted, among other
elements, by the development and implementation of the Digital Ecosystem and Single Window project, will
result in better access to benefits by the population, due to the simplification of processes, and a better
capacity to respond to the needs of the beneficiaries by those who operate the systems. Improved use of the
GSL to facilitate Program management at the local level will facilitate access to Program benefits for people,
especially those from the most vulnerable sectors.
3.2.2 Potential Risks and Social Impacts
Given that the Program itself implies an improvement in access to services by vulnerable sectors, the risks are
not associated with negative impacts that these activities could have, but with the possibility that there are
barriers to access that prevent certain vulnerable groups from accessing the benefits of the program.
In this sense, it will be necessary to take into account the applicable local regulations that aim to guarantee
non-discrimination against people belonging to different vulnerable groups such as women, children and
adolescents, the elderly, people with disabilities, people belonging to indigenous peoples, people belonging to
the LGBTIQ+ community and migrants. Some of these groups, such as children and adolescents or people with
disabilities, as well as people who are dependent due to age, are specifically included in the target population
of the Program, and reaching a greater number of them or better meeting their needs is part of the objectives
of the Program, so in principle it is the design of the Program itself that aims to ensure that there are no barriers
to access to the Programs. benefits for these groups, focusing on actions that remove existing barriers. On the
other hand, some result areas specifically include among their activities the identification of barriers to access.
This is the case of activities related to the care of victims of gender-based violence, which include an "analysis
of barriers to effective access to services by victims of gender-based violence".
Another risk is the possible existence of barriers in cultural terms that hinder access to the benefits of the
program by vulnerable groups, such as indigenous peoples, LGBTIQ+ people, migrants and people with
disabilities, who due to their situation have greater difficulties in applying for a benefit or in evaluating whether
they are eligible, etc. This risk will be reduced to the extent that the design of the Single Window interfaces is
user-friendly and accessible -a fact that already occurs in other spaces of the MDSyF website-, thinking about
the different characteristics of the people who will be users and, on the other hand, that there are online,
telephone or face-to-face help mechanisms. available to navigate the system, if needed. It will also be
important that the personnel who provide personal care in the OIRS are adequately trained to provide
culturally appropriate care free of discrimination. These aspects will also be addressed within the framework
of the consultation of this ESSA to know the perception of key actors regarding the existence of this risk and
the actions planned to mitigate them.
17
Another risk is linked to the difficulty of access in cases of gender-based violence. This risk is assumed by the
Program itself, which has among its activities a study on the potential existing barriers to access to care. In this
sense, in order to contribute to risk reduction, this study will consider aspects related to belonging to the
different vulnerable groups identified, that is: indigenous peoples, LGBTIQ+ people, migrants, people with
disabilities and, in this particular case, adolescents.
Chapter 4: Environmental and Social Assessment of
Management Systems
4.1 Environmental management systems relevant to the PforR
4.1.1 Environmental Legal Framework relevant to the Program
This section mainly contains a summary of the laws, regulations governing the management of risks to the
environment, occupational safety and health (OSH), in particular the risks highlighted in the previous section.
As previously explained, based on the information available as of the date of this draft ESSA, the likelihood that
activities funded by the Program will present environmental risks or impacts is low and the national
environmental and institutional legal framework, as described below, is sufficiently robust to address the
potential environmental aspects of this Program, as well as aspects of adaptation and mitigation to climate
change and disaster risk management.
On the other hand, the activities of the Program that involve the hiring of human resources for their
implementation, for example, for the training of caregivers or other actors, or the hiring of personnel for the
operation of care centers or OLNs, must be implemented in accordance with the national legal framework on
occupational safety and health relevant to the activities of the Program. The following is a general and specific
environmental regulation applicable to the Program.
Regulations applicable to Climate Change
• Law No. 21.455/2022 Framework Law on Climate Change. It establishes the climate governance,
powers and obligations of the State of Chile for climate action, and establishes the goal of carbon
neutrality and resilience by 2050. The law establishes powers and obligations at the central level as
well as at the regional and local levels. Thus, it involves and obliges 17 ministries, regional
governments and all municipalities in Chile to take concrete actions to confront climate change.
Municipalities should develop and implement a Community Climate Change Action Plan, which,
among other things, should include mitigation measures, adaptation at the community level and
related to the means of implementation, including the identification of their sources of financing at
the communal level.
Regulations applicable to Waste Management
18
• Law No. 20.920/2016. It establishes a Framework for Waste Management, Extended Producer
Responsibility and Promotion of Recycling. Ministry of the Environment (MMA). The purpose of this
law is to reduce the generation of waste and promote its reuse, recycling and other types of recovery,
through the establishment of extended producer responsibility and other waste management
instruments, in order to protect people's health and the environment. Some of the guiding principles
that govern this matter are: (a) the polluter pays (the generator of a waste is responsible for it, as well
as for internalizing the costs and negative externalities associated with its management); b) hierarchy
in waste management (order of management preference, which considers as the first alternative the
prevention of waste generation, then the reuse, recycling of the same or of one or more of its
components and the energy recovery of waste, total or partial, leaving its disposal as the last
alternative, in line with the development of relevant legal, regulatory and economic instruments); (c)
precautionary; (d) Liability of the generator of a waste.
• Law No. 18,695 on the Constitutional Organization of Municipalities. It establishes as the
exclusive function of the municipalities the cleaning and decoration of the commune, including
the extraction, transport and disposal of waste. It allows third parties to be hired – through public
bidding – to provide the service to the inhabitants.
Regulations applicable to the SST
• D.F.L. No. 725/1968, amended by Law No. 21.030/2017 Sanitary Code. MINSAL. It governs all
matters related to the promotion, protection and recovery of the health of the inhabitants of Chile,
except those subject to other laws. Its regulation includes standards relating to the health and safety
of the environment and workplaces. It indicates the Municipalities as responsible for the sanitary
order within the communes.
• D.S. 594, Regulations on Basic Health and Environmental Conditions in the Workplace. It establishes
the basic health and environmental conditions that every workplace must comply with, without
prejudice to the specific regulations that have been issued or will be issued for those tasks that require
special conditions. It also establishes permissible limits of environmental exposure to chemical and
physical agents, and those limits of biological tolerance for workers exposed to occupational hazards.
It also establishes fire prevention and protection measures.
• Labour Code. DFL No. 1/2003 of the Ministry of Labour and Social Welfare. A codified body of rules
that regulates labor relations between workers and employers. It includes rules relating to the
employment contract (workers' rights, their obligations, the regulation of remuneration, rest,
termination); protection of workers (social insurance against risks and accidents, occupational
exposure to noise, against sexual harassment, among others); trade unions and collective bargaining;
and, labor jurisdiction.
• Law No. 16.744/1968 Establishing Standards on Occupational Accidents and Diseases. Ministry of
Labour and Social Welfare. Rule that regulates the compulsory nature of insurance against the risks
of accidents at work and occupational diseases for both dependent and self-employed workers who
19
contribute to the social security system. The insurance protects against accidents at work, commuting
accidents, accidents suffered by trade union leaders and occupational diseases.
• Decree No. 40/69 of the Ministry of Labour and Social Security approving the Regulations on the
Prevention of Occupational Risks. It establishes the regulations on the prevention of occupational
risks, which are understood as accidents at work or occupational diseases. Among other measures, it
establishes the obligation of employers to prepare or keep up to date a safety and hygiene regulation,
to inform workers of the risks they run and to train them to deal with them appropriately. It also states
that statistics on occupational accidents and diseases should be kept.
4.1.2 Institutional framework for the environmental management of the
Program
Below are the main agencies of the State Administration that make up the institutional framework for
environmental regulations, control and oversight in which the physical interventions of the Program will be
developed.
• Directorate of Labour, Safety and Health. It is a decentralized public service, supervised by the
President of the Republic through the Ministry of Labour and Social Welfare. Its roles include
supervising compliance with labor, social security and occupational health and safety standards, and
carrying out actions aimed at preventing and resolving labor conflicts.
• Regional Ministerial Secretariats of Health (SEREMIS). The regional health authority, among others,
supervises and sanctions provisions of the Sanitary Code and other regulations, such as those
associated with aspects such as hygiene and safety of the environment and workplaces in the territory
of its respective jurisdiction.
• Municipalities. The functioning of municipalities in Chile is governed by Law No. 18.695, the
Constitutional Organic Law on Municipalities. Municipalities have among their functions and
responsibilities the management of the environment and public health and safety in their municipality
(including waste management), including the establishments under their responsibility, and must
develop and implement mechanisms to comply with the responsibilities granted to them by the
Constitution of the Republic, the Environmental Law and the Sanitary Code on these issues. whether
they are relevant environmental and social municipal regulations, acts and ordinances. The MDSF will
make transfers to the municipalities so that they are the ones that coordinate and manage the
implementation of the Program's activities, which are formalized through resource transfer
agreements, where, among others, the obligations of the municipalities in the administration of the
resources and management of their implementation are defined. This may include, but is not limited
to, allocating and/or expanding the administrative, infrastructural and implementation support
necessary for the optimal functioning of local social protection programs and services. In the case of
this Program, there is no provision for the financing of infrastructure, whether construction,
rehabilitation, remodeling, conditioning or maintenance.
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4.2 Social management systems relevant to the PforR
4.2.1 Legal and regulatory framework for the social management of the
Program
The relevant legal framework for the Program includes, on the one hand, the laws, decrees and resolutions
that regulate the functioning of the social protection system. The law establishing the Ministry of Social
Development and Family and around which other regulations are organized is the basis for the objectives and
activities proposed for the Program. A summary of the content of this law is included in the Appendix. Added
to this are the rules that establish the creation, operation and responsibilities of the other participating
institutions both within the framework of the MDSyF and in the Ministry of Women and Gender Equality. Also
in relation to the institutional aspects, the regulations that regulate the operation of the programs and
subprograms relevant to this PforR are identified.
The other group of norms that have been analysed in order to evaluate social management systems are laws
related to non-discrimination and the protection of the rights of various identified vulnerable groups
(indigenous peoples, people with disabilities, LGBTI+ people, the elderly, women and children and
adolescents).
Finally, the regulations related to citizen consultation and participation were also analyzed, where appropriate,
in order to be able to evaluate their consistency with the provisions of the fundamental principles for the WB's
results-based programs.
The following table includes the regulations relevant to the Program and the topic it addresses. A summary of
the main contents of the relevant regulations is included in the annex.
Table 2 Relevant social legislation
Theme Law / Decree Observation
It creates the National Service for Women and Gender Equality (SernamEG). It is
Law 19.023 the body responsible for implementing the policies, plans and Programs
entrusted to it by the Ministry of Women and Gender Equality.
Law 20.820 Creates the Ministry of Women and Gender Equality
Decree No. 27 of Approves organic regulations that determine the internal structure of the
2016 Ministry of Women and Gender Equality
Law 19.968 Create Family Courts
Institutional
aspects Law 20.530 Creates the Ministry of Social Development and Family
Supreme Decree Approves Regulation of Article 4 of Law No. 20,530 that Creates the Ministry of
No. 15, 11/07/2013 Social Development and Family
Decree N°10, Amends Supreme Decree No. 15 of 2012 of the Ministry of Social Development
26/12/2020 and Family.
Law 19.828 Creates the National Service for the Elderly (SENAMA)
Law 20.422 It creates the National Disability Service, a functionally decentralized and
territorially decentralized public service whose purpose is to promote equal
21
opportunities, social inclusion, participation and accessibility for people with
disabilities.
It creates the National Service for the Specialized Protection of Children and
Law 21.302
Adolescents.
It creates the Sub-secretariat for Children, modifies Law No. 20,530 on the
Law 21.090
Ministry of Social Development.
Law 21.067 Creates the Office of the Ombudsman for Children's Rights
It creates the National Corporation for Indigenous Development (CONADI) as a
Law 19.253 functionally decentralized public service with legal personality and its own
assets, subject to the supervision of the Ministry of Planning and Cooperation.
4th National Equality Plan 2018 -2030
National Action Plan for the Right to Lives Free of Gender-Based Violence for
Women, Girls and Diversities 2022-2030
Agreement that creates the Intersectoral Circuit of Femicides (CIF) to provide a
coordinated response from the State to the follow-up of cases and establish the
application of protocols for timely attention to direct or indirect victims of
femicide (today it has 11 public services in the justice and police sector).
SernamEG programs on gender-based violence against women: (1) Prevention of
gender-based violence; (2) Initial Attention to Gender-Based Violence; (3)
Recovery of the exercise of autonomy for victims and survivors of gender-based
violence.
Creates the Securities and Opportunities Subsystem. It is aimed at assisting
individuals and families living in extreme poverty, including actions and benefits
Law 20. 595
Programs aimed at promoting their access to better living conditions. Among its main
programs is Families, Links, Opening Roads and Streets.
Creates the Intersectoral Social Protection System and institutionalizes the
Law. 20.379 Subsystem for the Comprehensive Protection of Children "Chile Crece Contigo"
(Now, Chile Grows More)
General rule that creates the Presidential Advisory Council, of an inter-
Norma General ministerial nature, for the preparation of the National and Comprehensive Care
CVE 2280369 Policy, which will liaise with the President of the Republic through the Ministry of
Social Development and Family.
It states that the Ministry of Social Development and the Family shall establish
Local Children's Offices with competence in a commune or group of communes
throughout the national territory, which shall be responsible for the
Law 21.430
administrative protection of the rights of children and adolescents through their
promotion. the prevention of violations and the protection of their rights, both
universal and specialized, through administrative actions.
Law 20.005 Criminalizes sexual harassment at work
Law 20.607 Punishes workplace harassment practices
Law 20.066 Domestic Violence Act
Law 20.840 Incorporates femicide into the Penal Code
Gender-based Law 21.212 Criminalization of femicide
violence
Law 21.153 It criminalizes sexual harassment in public spaces.
Regulates sexual harassment, violence and gender discrimination in higher
Law 21.369
education
It creates the National Registry of Maintenance Debtors and amends various
Law 21.389
legal bodies to improve the system for the payment of maintenance payments.
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Law 21.484 Act on Parental Responsibility and Effective Payment of Maintenance Debts
It establishes a comprehensive protection and reparation regime for victims of
Law 21.565
femicide and femicide suicide and their families
Amends the Labor Code and other legal bodies regarding the prevention,
Law 20.607 investigation and punishment of workplace, sexual harassment or violence at
work
Law 21.015 It encourages the inclusion of people with disabilities in the world of work.
Creates a ministerial advisory commission called the "Council for Universal
Decree 37/21
Disability Accessibility for Persons with Disabilities".
It promulgates the United Nations Convention on the Rights of Persons with
Decree 201/08
Disabilities and its Optional Protocol.
It establishes rules on the protection, promotion and development of indigenous
Indigenous peoples and creates the National Corporation for Indigenous Development.
Law 19.253
peoples
Decree 830/90 Promulgates Convention on the Rights of the Child
Childhood and
adolescence On guarantees and comprehensive protection of the rights of children and
Law 21.430
adolescents.
Public Existence of Information, Complaints and Suggestions Offices (OIRS) for both the
consultation, Ministry of Women and Gender Equality and the Ministry of Social Development
information to and Family.
the community
and Approves regulations regulating the indigenous consultation procedure pursuant
management of to Article 6 (1)(a) and (2) of Convention No. 169 of the International Labour
DECREE 66/2013
queries and Organization and repeals the provisions of the Convention No. 169 of the
complaints International Labour Organization
Other Law 20.609 Establishes anti-discrimination measures
4.2.2 Institutional framework for the social management of the Program
Given the characteristics of the Program, social management is associated with the management of the
activities of the Program itself. Among the responsibilities of the PforR Implementation Coordination Team in
the MDSyF is the supervision of the environmental and social management of the program. Among the
institutional actors with responsibilities in the management of the Program are the different areas of the
MDSyF and the MMEG affected by the Program (National Disability Service, Sub-secretary for Children, and the
municipalities, including the children's offices). An aspect foreseen in Law 20.530 that creates the MDSyF and
that is promoted by this PforR is the need for greater intersectorality to improve the social protection system.
23
Illustration 1 Org chart - MDSyF
Source: MDSyF, https://www.desarrollosocialyfamilia.gob.cl/storage/docs/Organigrama_MDS_SSS_2021_-3.pdf
24
Illustration 2 Org chart of the MMEG
Source: Ministry of Women and Gender Equality https://minmujeryeg.gob.cl/?page_id=30398:
4.2.3 Implementation of social management systems
The MDSyF has been implementing the various programs and has trained personnel and leadership committed
to the effective implementation of the proposed improvements. The challenges are linked, on the one hand,
to intersectorality, which is well foreseen in the framework regulations of the Chilean social protection system,
so far not enough progress has been made in this regard to optimize the functioning of the system and
consequently ensure better access to products and services by the beneficiaries. Most of them belong to
different vulnerable sectors, both economically and from other types of vulnerable sectors identified.
25
Another aspect to consider is that the staff of the municipalities concentrate their attention on the most
vulnerable local population and will now have more and better elements to improve that care and this will
require changes in the systems they operate, the information they have, etc. Although all these changes are
designed to improve the performance and facilitate the tasks of those who operate in the social protection
system and improve the benefits granted to the population entitled to these benefits, any change requires
adaptations and time to appropriate those tools and devices that will contribute to improving the system. In
this sense, it will be important that these processes have the appropriate accompaniment to the different areas
of the MDSyF involved and especially to the staff of the municipalities. This support will be essential to reduce
or avoid the risk of conflict and will facilitate the implementation of the proposed improvements. To this end,
it may be necessary, in addition to designing the corresponding training, to have spaces where operators can
make inquiries and communicate concerns, for example, about new information platforms or referral forms,
or requirements and protocols for centralized case management.
4.3 Evaluation of the Program's environmental and social
management systems in relation to the basic principles of the
PforR policy
The World Bank's Program for Results policy establishes 6 principles that should govern the management of
the environmental and social aspects of the programs that the Bank finances. Based on the preliminary
evaluation of the ASSL systems applicable to the Program, it is concluded that, in general, the legal and
regulatory framework in Chile is aligned with the basic principles of the World Bank's PforR policy, and with
the planning elements of the PforR directive. The legal framework of laws, regulations, guidelines, policies, and
standards provides comprehensive coverage of environmental, social, and health and safety aspects, and
provides a reasonable basis for addressing environmental, social, health, and safety issues that may arise in
the proposed PforR, as described in the previous section.
The following is an analysis of the approach to these principles, from which the actions to be included are
derived through three levels: actions in the Action Plan, commitments in the Operational Manual and
recommendations.
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Table 3 Evaluation of SSSA management systems in relation to the basic principles of the PforR policy
Management System Application. Environmental and Health & Safety Risks Social Risks
Considerations
Principle 1 – General environmental and social management
The Program's AS Yes Environmental and Social Management of the Risk of exclusion of vulnerable groups
management systems are Program With regard to the social management of the Program, it can be said
designed to (i) promote Considering that the environmental risk of the that the Program's systems are in line with the provisions of this
environmental and social Program has been determined to be low, since principle, since the current regulations seek social inclusion by
sustainability in the design of the Program is not expected to have relevant ensuring access to the benefits of the Program by vulnerable groups,
the Program; (ii) avoid, adverse environmental risks or impacts, and who in several cases are specific beneficiaries of proposed activities,
minimize, or mitigate having concluded that the legal framework such as people with disabilities or other people with age dependency
adverse impacts; and (iii) provides complete coverage of possible or victims of gender-based violence. Likewise, given that statistically
promote informed decision- environmental aspects of the Program, it can part of the vulnerable groups are overrepresented or at least
making regarding the be said that there are no relevant differences represented in the economically poorest sectors, which in many cases
environmental and social with respect to this principle and the processes are the beneficiary population of the program, it is expected that
effects of the Program. for environmental and social management and among the beneficiaries are people belonging to other groups, such
supervision applicable to the Program. as indigenous peoples or people belonging to the LGBTIQ+
Likewise, with respect to solid waste community.
management, it is verified that the regulatory
framework covers the requirements for
proper waste management, considering the
mitigation hierarchy.
Risks Associated with Participation
With regard to the possibility of participation of beneficiaries, Chile
has regulations on consultation and participation that are in line with
the requirements of these principles, since they ensure adequate
participation by the community in general and establish specific
mechanisms, for example, in the case of indigenous peoples, that
arise from the recognition of their right to participation in a culturally
appropriate manner. At the same time, the regulations on gender,
disability, the elderly, and children and adolescents establish
mechanisms to guarantee the participation of these groups. Some of
these mechanisms, such as the Communal Advisory Councils for
Children and Adolescents, have a definite role in the Program
activities that directly affect them. In this sense, the consultation
mechanisms provided for in Chilean legislation are in principle aligned
27
Management System Application. Environmental and Health & Safety Risks Social Risks
Considerations
with the principles of the results-based Program. However, as part of
the Program's consultations with key stakeholders, participants will
be asked if they identify any barriers to participation by the group
they represent or if they have any proposals that could improve, from
their perspective, the participation mechanisms available in the
Program.
Risks associated with difficulties in making claims under the
Program
The Government of Chile has a robust system of comprehensive
citizen assistance, in which both the MDSyF and the MMEG
participate, which allows people to submit queries and complaints
regarding the different programs and to follow up on their complaint.
This can be done in person, by phone or via the web through the
corresponding form 4 . Notwithstanding this, the provisions of the
regulations on public information apply with respect to the right of
citizens to request information from State agencies through the
procedure provided for this purpose.
Although in all cases claims are tracked, until now it was not necessary
to distinguish those claims belonging to the Program. Given that as
part of the follow-up of the implementation of the results-based
program, it is necessary to know the complaints related to the
program's activities, the recommendations of the evaluation will
include the need to include in the MOP that as part of the Program's
reports, a report of complaints related to the Program's activities
must be submitted semi-annually. including number of complaints
received, channels used, type (questions, complaints, claims and
suggestions) and status of resolution of the complaint.
Additionally, if any of these claims are linked to the typologies
provided for in the World Bank's incident reporting guide, this must
be reported in the terms provided in said guide. Although, given that
the program does not have infrastructure works or other activities
that have a higher risk, it is not expected that there will be
environmental or health and safety incidents, there could be, for
example, incidents between program operators and the community
4 At the end of the table are the means to file a complaint or claim.
28
Management System Application. Environmental and Health & Safety Risks Social Risks
Considerations
that fall within the categories provided for in the guide that require
communication to the Bank within specific deadlines and in a certain
format and the preparation of the subsequent report. where
applicable. As part of the program's recommendations, the need to
include this requirement in the Program's Operating Manual will be
included.
Risk of sexual harassment and abuse
Another social risk usually associated with activities that include
attention to the public linked to the granting of a benefit, and even
more so in the case of vulnerable populations, is the risk of sexual
harassment or abuse. Chilean law criminalizes both sexual
harassment and abuse and establishes penalties for those
responsible. At the same time, both within the framework of the
MMEG and in other institutions, there are mechanisms available to
make complaints, receive guidance and accompaniment or request
information, all with a guarantee of confidentiality and through
trained personnel. 5 These elements of the system contribute to
reducing this type of risk in the Program. In addition, one of the
powers of the MMEG is to provide training on topics that fall within
its competence to personnel from different areas of the State and
private sectors, if so agreed. In this sense, as part of the
recommendations of the ESSA, the commitment to develop and
implement an awareness plan among the staff of the municipalities
and the MDSyF that participates in the Program will be included. In
cases where this awareness has already taken place as part of the
current planning of the MMEG, the need to implement updates or
extensions of the trainings carried out will be evaluated. With regard
to the risk to workers affected by the Program's activities, this is also
adequately contemplated in local regulations and both the
corresponding training and complaint mechanisms are available.
Again, ESSA's recommendation will be to implement the
5Among the available mechanisms are telephone guidance, phone guidance chat and silent Whatsapp. See: https://minmujeryeg.gob.cl/?page_id=39588. At the local level, the
Women's Centres located in the various regions also offer guidance and support, and the information, complaints and suggestions offices are prepared to receive and refer
queries and complaints related to gender-based violence. See: https://www.sernameg.gob.cl/?page_id=42953
29
Management System Application. Environmental and Health & Safety Risks Social Risks
Considerations
corresponding awareness-raising tasks among the staff and to assess
the need to implement updates or extensions if necessary.
Principle 2 – Natural habitat resources or physical cultural heritage
The Program's AS No Based on the information available to date, according to which the program does not include physical interventions,
management systems are the Program's activities are not expected to affect natural habitats or physical cultural resources. Therefore, this
designed to avoid, minimize Principle is not applicable to the evaluation of this Program.
or mitigate adverse impacts Program activities that involve the conversion or significant degradation of critical natural habitats or critical physical
on natural habitats and cultural heritage are not eligible for PforR funding.
physical cultural resources
resulting from the Program.
Principle 3 – Public and Worker Safety
The Program's AS Yes Risks to the health and safety of workers
management systems are Based on the information available to date, the
designed to protect public Program will only finance the monetary
and worker safety against transfers from the MDSF to the municipalities
potential hazards associated necessary to operate the services and care
with (i) the construction programs at the local level, which will include,
and/or operation of facilities for example, training for public officials,
or other operational caregivers and other actors when necessary,
practices; (ii) exposure to among others. The Program does not include
toxic chemicals, hazardous transfers to finance the construction,
wastes, and hazardous rehabilitation, remodeling, or maintenance of
materials; and (iii) local infrastructure, nor is it intended to
reconstruction or finance the replacement or large-scale
rehabilitation of installation of furniture or equipment
infrastructure located in (electronic, electrical, mechanical, or other) in
areas prone to natural local facilities that provide services and care
hazards. programs. The national and local institutional,
legal and regulatory framework, described in
section 4, has policies, laws and regulations
that establish measures, guidelines, and rules
for the protection of the safety and health of
workers and beneficiaries of the Program
against possible risks associated with the
30
Management System Application. Environmental and Health & Safety Risks Social Risks
Considerations
Program's activities, as explained in previous
sections. Municipalities will be responsible for
establishing the necessary mechanisms to
ensure compliance with the corresponding
legal framework on environmental and health
and safety aspects of workers and the
population associated, in particular, with the
activities of the Program's AR1.
Therefore, based on the information available
to date, no relevant differences have been
identified with respect to this principle and the
processes for the environmental and social
management and supervision of the Program.
Principle 4 – Land acquisition
The Program's SA systems No According to the information available at the time of the preparation of this Evaluation, the program does not include
manage land acquisition and the construction or refurbishment of facilities or any other type of physical intervention or infrastructure work. In this
loss of access to natural regard, none of the program's activities will require land acquisition or result in physical or economic displacement.
resources in a way that Therefore, this principle does not apply to the Program.
avoids or minimizes
displacement and helps
affected people improve, or
at least restore, their
livelihoods and living
standards.
Principle 5 – Indigenous Peoples and Vulnerable Groups
The Program's SA systems Yes Risk of exclusion of indigenous peoples from the benefits of the
take due account of the Program
cultural appropriateness of Chile has legislation that recognizes the pre-existence of indigenous
and equitable access to the peoples and establishes "the duty of society in general and of the
benefits of the Program, with State in particular, through its institutions, to respect, protect and
particular attention to the promote the development of indigenous peoples, their cultures,
rights and interests of families and communities, adopting appropriate measures for such
historically neglected purposes (...)." The applicable legal framework also establishes the
31
Management System Application. Environmental and Health & Safety Risks Social Risks
Considerations
indigenous need for the participation of indigenous peoples in matters that affect
peoples/traditional local them and requires that this participation take place in a culturally
communities in sub-Saharan appropriate manner. In addition, the Ministry of Social Development
Africa, and to the needs or and the Family is home to the National Corporation for Indigenous
concerns of vulnerable Development (CONADI), the self-governing body "responsible for
groups. promoting, coordinating and implementing, where appropriate, State
action for the integral development of indigenous persons and
communities, especially in the economic, social and cultural spheres,
and for encouraging their participation in national life". This agency
develops and implements programs under the supervision of the
Ministry. In this sense, both from the normative point of view and
from the point of view of the effective implementation of the rules,
there is in general an alignment with the provisions of this principle.
However, as part of the consultations for this evaluation, both
CONADI and representatives of indigenous organizations will be
convened to determine whether, in their opinion: (1) the mechanisms
for disseminating the social Programs included in the Program are
adequate; 2) the systems for managing inquiries and complaints are
accessible and appropriate for persons belonging to indigenous
peoples who are beneficiaries or potential beneficiaries of the
Program; 3) whether the services offered by the national care system
are accessible and culturally appropriate. On the other hand, the
study on barriers to access to care for victims of gender-based
violence recommends considering barriers in the case of women
belonging to indigenous communities.
Principle 6 – Social Conflicts
The Program's SA systems Yes Risk of labour disputes
avoid exacerbating social The characteristics of the activities proposed in the Program do not
conflicts, especially in fragile foresee an increase in conflict, since they tend precisely to increase
states, post-conflict zones, or the quality and coverage of social services and, for example, in the
areas subject to territorial case of the SUF, to automate access to the benefit in the most
disputes (Includes vulnerable sectors, so that in principle conflicts between beneficiaries
consideration of conflict risks or potential beneficiaries are not anticipated. On the other hand,
although the increase in intersectorality and improvements in
32
Management System Application. Environmental and Health & Safety Risks Social Risks
Considerations
linked to distributive equity processes and information systems relevant to the different activities
and cultural sensitivities). will require an adaptation effort on the part of the personnel who
execute the tasks, several of these changes tend to facilitate the tasks
of the operators, avoid duplication of tasks and improve their
performance. Therefore, in principle, the emergence of conflicts
between those who are supposed to carry out these tasks is not
foreseen. These actions are also part of the program that the
government has already been developing, so in principle it is not
estimated that they will be perceived as abrupt changes that could
generate conflicts between the workers of the Ministry and the
municipalities responsible for implementing them. However, during
the consultations with interested parties, we will seek to know the
perspective of some referents on the changes to be carried out.
Finally, among the recommendations of this evaluation will be the
need for changes in the implementation of programs, in the
articulation with other agencies or in the operation of information
systems, to be accompanied by adequate access to information,
corresponding training and access to help desks by those who must
operate them to avoid the emergence or exacerbation of conflicts
33
The following are the mechanisms for receiving complaints:
Ministry of Social Development and Family
Via the web: Attention to the https://oirs.ministeriodesarrollosocial.gob.cl/virtual/uindex.php
Face: Information, Complaints and Suggestions Offices (OIRS) in the Ministerial Secretariats
for Social Development and Family, corresponding to each locality.
Telephone: Citizen hotlines at the OIRS of the Ministerial Secretariat for Social Development and
Family corresponding to each region.
Ministry of Women and Gender Equality
Via the web: https://minmujeroig.gab.cl/?page_id=1272
Face: In Information, Complaints and Suggestions Offices (OIRS) in Regions
Telephone: Helpline at Information, Complaints and Suggestions Offices (OIRS) in Regions
Chapter 5: Recommendations and Actions for the Program's
Environmental and Social Systems
5.1 Actions to be included in the Program's Action Plan
One of the risks identified is the possible existence of cultural barriers that hinder the possibilities that hinder
access to the benefits of the program by vulnerable groups, such as indigenous peoples, LGBTIQ+ people,
migrants and people with disabilities, who, due to their situation, have greater difficulties in applying for a
benefit or in evaluating whether they are entitled to it. etc. To help manage this risk, it is proposed to include
the following in the action plan:
1) Ensure that the design of the Single Window interfaces is user-friendly and accessible -a fact that
already occurs in other spaces of the MDSyF website-, thinking about the various characteristics
of the people who will be users and, on the other hand, that there are online, telephone or face-
to-face help mechanisms, available to navigate the system, if necessary.
The MDSyF is responsible for this action. As for the deadlines, this must be met "at the time of the
completion of the design" in terms of it being easy to operate by users, and "throughout the
duration of the Program" in terms of the existence of online, telephone or face-to-face support to
operate the system, taking into account the cultural characteristics of the beneficiaries or
potential beneficiaries.
34
2) Ensure that the staff who provide personal care in the OIRS are adequately trained to provide
culturally appropriate carefree from discrimination. These aspects will also be addressed within
the framework of the consultation of this ESSA to know the perception of key actors regarding the
existence of this risk and the actions planned to mitigate them.
The MDSyF will be responsible for this training in coordination with staff from the municipalities
and the term is all throughout the program according to the training plan that is prepared as part
of the accompaniment of the MDSyF to the municipalities and the strengthening of the GSL.
5.2 Commitments to be included in the Program Operational
Manual (POM)
1) The study on barriers to effective access to services for victims of gender-based violence should consider
aspects related to belonging to different vulnerable groups in order to identify specific barriers that may
exist for these groups, both because of their cultural characteristics and because of the system's ability to
interact in a culturally appropriate manner and free of any type of discrimination with people belonging to
these groups. At the very least, people belonging to indigenous peoples, people with disabilities, migrants,
LGBTI+ people and adolescents should be considered. These groups may be joined by other groups or
subgroups that emerge in the context of the analysis or that are identified in the context of the ESSA
consultations.
2) The POM will include the obligation that, as part of the Program's reports, a report of complaints related
to the Program's activities must be submitted every six months, including the number of complaints
received, channels used, type (questions, complaints, claims and suggestions) and the status of resolution
of the complaint.
Additionally, if any of these claims are linked to the typologies provided for in the World Bank's incident
reporting guide, this must be reported in the terms provided in said guide, which will be attached as an
Annex to the POM. Although, given that the program does not have infrastructure works or other activities
that have an increased risk of incidents, it is not expected that typical work accidents will occur on site,
there could be, for example, incidents between operators interacting with beneficiaries and the
community, which fall within the categories provided for in the guide that require communication to the
Bank. Where applicable, it must be reported within specific deadlines and in the format established in the
guide.
The MMEG has among its faculties and regularly develops training related to the topics that are within its
competence. In this regard, within the framework of the Program, it should be ensured that awareness-
raising and training activities on sexual harassment and abuse are developed and implemented both in the
public sphere (the relationship between personnel affected by the Program and the beneficiaries and
potential beneficiaries of the Program) and within the Ministries and institutions with responsibilities in
the Program. In this sense, the commitment to implement these trainings will be incorporated into the
35
POM. To this end, the MMEG will present to the Bank the minimum contents, recipients and estimated
schedule of the planned trainings on these topics to determine if they are consistent with the requirements
of the Bank's regulations. The MMEG is responsible for this activity.
5.3 Recommendations
5.3.1 Environmental Management of the Program
- In order to ensure that environmental aspects and occupational and population health and safety are
taken into account in the implementation of the activities associated with the RA1 of the Program, the
agreements signed between the MDSF and the municipalities include the obligation of the municipality
to guarantee and report to the MDSF. the implementation and enforcement of legal requirements
such as those described in section 4.1 applicable to environmental and health and safety management
in workplaces used to operate activities financed by the Program.
5.3.2 Social Management of the Program
- Specifically in relation to indigenous peoples, it should be ensured that: (1) the mechanisms for
disseminating the social Programs included in the Program are adequate; (2) the systems for managing
inquiries and complaints are accessible and appropriate for persons belonging to indigenous peoples
who are beneficiaries or potential beneficiaries of the Program; 3) whether the services offered by the
national care system are accessible and culturally appropriate.
- It will be important that the activities of the Program that imply changes for the operators of the
system, both at the national and local levels, have the appropriate accompaniment to the different
areas of the MDSyF involved and especially to the staff of the municipalities. This support will be
essential to reduce or avoid the risk of conflict and will facilitate the implementation of the proposed
improvements. To this end, it may be necessary, in addition to designing the corresponding training,
to have spaces where operators can make inquiries and communicate concerns, for example, about
new information platforms or referral forms, or requirements and protocols for centralized case
management.
36
6 Annex- Social Assessment
6.1 The social protection sector in Chile 6
Comprehensive coverage focused on the poorest population
A comprehensive social protection system covers the poor or at-risk of poverty population in Chile. For
more than two decades, Chile has established a strong institutional and legal framework for cross-sectoral
social protection. In addition to strong economic growth, social protection was an important factor in
improving social outcomes and reducing poverty. Chile has an extensive intersectoral social protection
system – one of the most comprehensive in LAC – which includes a series of cash transfer programs
(conditional and unconditional): a family allowance for formal workers (family allowance-AF), a
conditional family allowance aimed at poor sectors aimed at low-income informal workers (Single Family
Allowance SUF), cash transfers for families in extreme poverty, among others. In addition, there are
active programs in the labor market, direct assistance and social services that, together with cash
transfers, cover the main risks and vulnerabilities faced by families and individuals in poverty or at risk of
poverty throughout their life cycle.
At the heart of social protection efforts is the Intersectoral Social Protection System (SIPS). It is composed
of two subsystems: The first is Security and Opportunities (SSOO), formerly known as Chile Solidario,
whose target population is families in extreme poverty and whose most important program is Families.
The second is Chile Crece Más (Chile Crece Más, formerly Chile Crece Contigo), focused on children and
adolescents who receive care through the public health system.
The SIPS includes guaranteed benefits, personalized support, and preferential access to selective public
programs, many of which are long-standing and over time expanded into new socioeconomic segments.
The Programs are designed and funded by the Ministry of Social Development and Family (MDSF) as well
as other relevant ministries. Municipalities manage requests made personally and implement most social
protection policies and programs at the local level through standard agreements with national
government agencies. As of 2022, new reforms were introduced, including the extension of the coverage
of the Chile Crece Más subsystem to 18 years of age, as well as the creation of the Guarantees and
Comprehensive Protection of Children and Adolescents policy, which aims to create a system of
guarantees and comprehensive protection of children's rights. including an adequate standard of living,
development, identity, health and health services, education and social security with simple and fast
procedures and timely access to benefits. In addition, as of May 2023, the amount corresponding to the
Single Family Subsidy (SUF) was increased by 20% to 22 U$, improving the benefit.
The provision of social protection benefits and services is supported by a well-developed social
information system, including a Social Register. The Social Information Registry (RIS) is a database that
integrates the Integrated Registry of Beneficiaries and the Social Registry of Households (RSH),
consolidating information on the economic and social situation of households and individuals with
information on the benefits and services received by these households and individuals. Data is shared
6
The description of the sectoral context situation included in this section is based on the information contained in
the Programme Project Document.
37
through interoperability agreements between many central government ministries and local government
agencies. The RIS hosts important RSH-related processes such as eligibility, enrollment, updates, case
management, and program monitoring and evaluation. Currently, the RSH contains information on 86.5
per cent of Chilean households. Households are classified into seven income ranges, using socioeconomic
qualification (CSE). By law, all poverty-focused programs (currently 70), including social protection, use
this classification to target benefits, accounting for 23 percent of social spending (2017) and 3.8 percent
of GDP.
Need for improvements
Cross-sectoral social protection systems require improvement to overcome challenges related to
inclusion, effectiveness and efficiency. While acknowledging the strong foundations of social protection
in Chile, benefits need to be better organized and aligned with recent demographic and social changes. In
relation to efficiency, although integration has long been a hallmark of social protection in Chile, there are
shortcomings in practice and challenges in defining appropriate roles for multiple actors at different levels
of government. Currently, the provision of benefits and services is not always integrated, but responds to
the approach of each implementing agency. There is a need to strengthen the complementarity of services
and adapt them to respond to the life cycle of each family and not to the procedures of providers. In
addition, the multiple actors in the system are not always articulated or complement each other to
address a particular challenge or specific situations (e.g., gender-based violence). In addition to horizontal
integration between actors, vertical integration needs to be enhanced. While the design of social
protection is centralized, most benefits and services require local actors to collect information, distribute
benefits, etc. In practice, municipalities are responsible for the implementation of most social protection
policies and Programs. Its growing role poses additional challenges for the effective integration of social
protection policies (coordination, complementarity and synchronization between design and
implementation and between the tasks of each level of government) and requires measures to strengthen
management support at the local level. A redesign of the social protection system implementation model
is needed to address these gaps and clarify roles, while ensuring the adaptation of policies and Programs
to territorial and cultural differences and reducing quality gaps.
Management tools and information systems
Better management tools are needed to support a redesigned model of social protection implementation
and address current problems. While Chile has a well-established integrated social information system,
there are weaknesses. As new programs were created, each of them designed a new platform. Over time,
the number of information systems has proliferated, some of which are now obsolete. The current
configuration needs to be reordered. One of the consequences of the shortcomings mentioned above –
proliferation of Programs, inadequate integration, cumbersome procedures and poor data quality – is that
the social protection system in Chile is complex, contributing to a sense of insecurity among the
vulnerable. The rules for accessing benefits and services vary, are subject to change, and are difficult to
understand. Deficiencies in information systems mean that the user experience for those trying to access
or receive benefits is often poor, and for those trying to provide services and benefits locally it can be
cumbersome. Finally, there is a need to improve the instruments that support integration and provide
appropriate management tools at the local level.
Local Social Management
38
Local Social Management is a management tool designed for the delivery of social protection benefits at
the municipal level. In Chile, beneficiaries have access to services provided at the national, regional and
local levels, exclusively at the local level. This complexity made it difficult for municipal staff to make a
wide range of social benefits and services available to clients, as they had to navigate programs provided
by different levels of government and different agencies, all with their own rules and different case
management instruments. GSL supports the rationalization and integration of municipal social services by
facilitating interaction between actors who demand, administer and deliver social services through a case
management information system. In the last four years, more municipalities have adopted the tool and it
has been expanded to cover additional services, such as employment assistance, in addition to basic
services related to RSH, cash transfers, and the Families Program. There is also a performance measures
dashboard that covers, among other things, the number of cases handled by type, referrals (timeline and
resolution), intervention plans initiated, and use of the various modules.
Improved efficiency
In relation to effectiveness, benefits need to be better organized and aligned with recent demographic
and societal changes. MSDF has signed numerous agreements to facilitate access to complementary
programs for the beneficiaries of its programs. However, in practice, not all OHSS services are accessed in
a timely manner, particularly those that would enable families to improve their employment and income
situation. While Chile has a strong legal and institutional framework to protect and address cases of
gender-based violence, there is insufficient coordination that discourages women's access to services and
limits the effectiveness of interventions.
Improving Inclusion
There are important challenges to inclusion, such as closing gaps in the coverage of social protection
services and transfers focused on reducing the vulnerability of children as coverage for those who need
and provide care. While the Single Family Allowance (SUF) and Family Allowance (FA) are long-standing,
a recent analysis suggests that there are still a significant number of potentially eligible children who
are not covered, and closing those gaps is part of the broader set of actions to protect children's rights
and reduce their vulnerability. Social protection Programs have assumed that children are part of the
household and their protection is implicit in family case management. This meant that the child or
adolescent was not always the focus of social protection actions. Over the past two years, both the
previous and current government administrations have taken a number of steps to expand cross-sectoral
social protection coverage for children. Beyond income, the Law on Guarantees for Children (March 2022)
creates a system of guarantees and comprehensive protection of children's rights. A principle of the law
is to achieve children's rights progressively with sustained improvements, leading, for example, to the
creation of Local Children's Offices (OLNs) and their expansion from a pilot level to national coverage by
2025.
National Care System
The MDSyF has restarted the process to create the National System of Care (CNS) to support caregivers
and those in need of care. Like other LAC countries, Chile is well advanced in its population aging process
and faces a growing demand for social and long-term care. Chile has aged much faster than it has become
39
richer. Older people's income and savings are not enough to cover care services, and growing needs
depend on informal or family care, largely provided by women (of the caregivers of dependents identified
in the 2022 National Survey on Disability and Dependency (ENDIDE) 70 percent of caregivers within the
household are women, two-thirds of them are of working age). The MDSyF began working on the
creation, implementation and evaluation of the CNS in 2015. The original design of the system aimed to
support households with dependent members due to age and/or disability in the bottom 60 percent of
the income distribution. In 2016, the government launched the Local Support and Care Network Program
(PRLAC) as a pilot of the intervention model at the municipal level to support households, with the aim of
laying the groundwork for institutionalizing the CNS. PRLAC currently operates in 90 municipalities (out of
346) in Chile's 16 regions. The program focuses its support on both those who need care and those who
provide it (more than 90 percent are female caregivers), prepares a home care plan, and based on it,
provides services, care support, cash transfers, and referrals. to other services. However, PRLAC covers
only a small part of the overall potential demand, while the expansion of care services by SENAMA and
SENADIS, in general, all programs reach less than five percent of dependent adults. For the most part,
support and services remain limited to what is available locally.
At the same time, the general regulatory framework for the creation of the CNS is pending. The
institutional framework, legal support and budgetary requirements for the expansion of the CNS and its
integration into the social protection system are pending. As noted in a 2020 evaluation by the Directorate
of Budgets (DIPRES), the design of the program needs to be revised to operate at scale, better integrate
with SIPS, expand its services, and adapt to changes in the delivery of other SIPS Programs at the local
level, integrating, for example, with the Local Social Management model . The MDSF has restarted the
process to formalize the creation of the CNS to improve service delivery, integrate services across sectors
and at different levels of government, and create the necessary institutional and quality assurance
mechanisms for care-related services. These actions are even more necessary as care support will be
expanded beyond the initial target population of PRLAC to include children as well as their caregivers, and
to consolidate efforts beyond PRLAC from other sectors focused on dependent people.
Crisis Response
Chile has experience in preparedness and preventive response to crises, including those related to climate
change. The country benefits from a robust institutional architecture to facilitate the rapid deployment of
assistance to crisis-affected households during emergencies in an agile and efficient manner. According
to the recently approved Law 21.364, the National Disaster Prevention and Response System (SENAPRED)
has become the new Disaster Risk Management (DRM) authority tasked with coordinating the
deployment of crisis response in Chile. There are institutionalized linkages between DRM and social MSDF.
For example, the MDSF plays an important role in identifying crisis-affected households using the Basic
Emergency Fact Sheet (FIBE) and the Basic Water Emergency Fact Sheet (FIBEH) and in the
implementation of social programs. -Economic responses. FIBE and FIBEH have been instrumental in
promoting risk-informed decision-making, on the transfer mechanism and duration of post-disaster
responses; however, they are not automatically implemented after every crisis.
Despite strong institutional arrangements for the deployment of crisis response, there are gaps in the
arrangements and mechanisms needed to effectively channel assistance during emergencies. Better data
and information would strengthen the assessment of risks and vulnerability before and after crises. There
is a lack of socioeconomic characterization tools to identify groups at risk of crisis and the territories and
40
populations most affected by climate change in the medium and long term. These aspects need to be
strengthened to make social protection in Chile more adaptable and would be complementary to the
government's current efforts, also supported by the World Bank, on the financial side.
The measures described above have the potential to improve the quality of the social protection system
if additional conditions are met. To improve the quality of the social protection system, the initiatives
described above, as well as other Programs, need to be well articulated with each other, and each needs
the required complementary elements (supporting information and implementation procedures). As the
proposed tax reform, designed to generate additional revenue of around four percentage points in
revenue to finance additional social spending, failed to pass parliament, efficiency in spending and
reduced administrative costs are key to the proposed agenda. On the basis of a solid foundation in terms
of the social information system and legal and institutional framework, and resolving the remaining
challenges, it is possible to move forward in improving the inclusion, effectiveness and efficiency, the
pillars of the proposed Results Program (PforR).
6.2 Situation of vulnerable groups
As we have seen, Chile's social protection system has a high coverage among the poorest families and
those at risk of poverty and has various programs aimed at meeting the needs of vulnerable groups such
as children and adolescents, the elderly, people with disabilities, victims of gender-based violence and
other groups that, Although they are not specifically mentioned in the regulations, they are also often
recipients of the benefits of the system. Below is a diagnosis of the population reached, with emphasis on
the vulnerable groups identified.
Socioeconomically vulnerable population according to the CSE
There are several ways in which, based on statistical information and administrative records, the Chilean
State can recognize and identify the population and households that present the greatest socioeconomic
vulnerabilities. One of the main ways is through the Social Registry of Households (RSH). The RSH is an
information system designed to support the selection processes of beneficiaries of a wide range of
subsidies and social Programs. It is built with data provided by the household and administrative bases
owned by the State, coming from various institutions.
Within the information available in the RSH, the Socioeconomic Rating is included, which places each
household in an income bracket. This is constructed from four indicators:
• Sum of employment, pension, and capital income of all members of the household. In the case of
students who also work (up to the age of 24), only the part of income that exceeds the two minimum
salaries is considered.
• Number of household members.
• Characteristics of the members of the household: age, disability or dependency.
41
• Evaluation of goods and services that a household accesses or owns and that allow its socioeconomic
level to be inferred when contrasted with the real income received by the household.
The sections are built as follows:
Source: https://registrosocial.gob.cl/que-es
For example, being in bracket 1 or between brackets 1 and 3 can make households, depending on their
situation, beneficiaries of the Single Family Subsidy (SUF), or being in the poorest 20% of bracket 1 makes
the household a beneficiary of the Families program.
In this way, based on the information available in the RSH of the Ministry of Social Development and
Family, we can segment the population according to basic characteristics. As of January 2024, 17,136,376
were registered.
Graphic 1. Percentage of RSH people by sex in each CSE tranche. Total country. January 2024.
Total 55.33 8.88 6.69 6.64 7.39 11.37 3.70
Varones 50.97 9.01 7.27 7.46 8.38 12.29 4.62
Mujeres 59.30 8.77 6.15 5.90 6.49 10.53 2.86
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
TRAMO 0% - 40% TRAMO 41% - 50% TRAMO 51% - 60% TRAMO 61% - 70%
TRAMO 71% - 80% TRAMO 81% - 90% TRAMO 91% - 100%
Source: Prepared by the authors based on the Ministry of Social Development and Family. Social Registry
of Households.
Graphic 2. Percentage of RSH people by age group in each CSE bracket. Total country. January 2024.
42
Total 55.33 8.88 6.69 6.64 7.39 11.37 3.70
60 y más 62.22 11.16 7.60 6.61 4.53 6.28 1.60
30 a 59 45.51 8.54 7.34 7.96 9.74 14.57 6.33
18 a 29 56.06 8.95 6.75 6.56 7.60 11.18 2.91
14 a 17 64.62 7.85 4.92 4.54 5.58 10.73 1.76
6 a 13 66.07 7.30 4.54 4.34 5.69 10.77 1.29
4a5 68.39 6.93 4.31 4.04 5.34 9.88 1.12
0a3 72.25 6.82 4.03 3.56 4.75 7.88 0.72
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
TRAMO 0% - 40% TRAMO 41% - 50% TRAMO 51% - 60% TRAMO 61% - 70%
TRAMO 71% - 80% TRAMO 81% - 90% TRAMO 91% - 100%
Source: Prepared by the authors based on the Ministry of Social Development and Family. Social Registry
of Households.
As can be seen, approximately 55% of the population is in the lowest positioned bracket in the
socioeconomic classification. This proportion increases in the case of women, where almost 6 out of 10
are in this stratum, and in the case of minors, where almost 7 out of 10 children between 0 and 3 years of
age are also in the most disadvantaged group.
Board 4. Average number of years of schooling for persons 18 years of age or older in the RSH for each CSE
tranche. Total country. January 2024.
CSE Total
TRANCHE 0% - 40% 10,2
TRANCHE 41% - 50% 11,0
TRANCHE 51% - 60% 11,4
TRANCHE 61% - 70% 11,9
TRANCHE 71% - 80% 12,6
TRANCHE 81% - 90% 13,7
TRANCHE 91% - 100% 14,7
TOTAL 11,4
Source: Prepared by the authors based on the Ministry of Social Development and Family. Social Registry
of Households.
43
If you look at socioeconomic qualification according to people's level of education, you can see a big
difference between the extremes: while the first bracket has, on average, 10.2 years of schooling, the
seventh bracket has 14.7.
Graphic 3. Percentage of people in the RSH belonging to indigenous peoples in each section of CSE. Total
country. January 2024.
Total 55.33 8.88 6.69 6.64 7.39 11.37 3.70
Pueblos indígenas 62.87 8.22 6.02 5.65 6.56 8.22 2.47
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
TRAMO 0% - 40% TRAMO 41% - 50% TRAMO 51% - 60% TRAMO 61% - 70%
TRAMO 71% - 80% TRAMO 81% - 90% TRAMO 91% - 100%
Source: Prepared by the authors based on the Ministry of Social Development and Family. Social Registry
of Households.
Graphic 4. Percentage of people in the RSH with some type of disability in each section of CSE. Total
country. December 2022.
44
Total 55.33 8.88 6.69 6.64 7.39 11.37 3.70
Discapacidad 69.63 7.94 6.15 4.46 4.29 6.351.16
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
TRAMO 0% - 40% TRAMO 41% - 50% TRAMO 51% - 60% TRAMO 61% - 70%
TRAMO 71% - 80% TRAMO 81% - 90% TRAMO 91% - 100%
Source: Prepared by the authors based on the Ministry of Social Development and Family. Social Registry
of Households.
People who declared that they belonged to an indigenous people, as well as those who indicated that
they had some type of disability, were also mostly in the most disadvantaged bracket (63% and 70%,
respectively), with values higher than those presented in the distribution of the total population.
Finally, Table 2 shows the number and percentage of people who have accessed the SUF in June 2023.
Board 5. Number and percentage of people benefiting from the Single Family Subsidy (SUF), in at least one
month of the corresponding semester, present in the Social Registry of Households, disaggregated by age
group. Total country. June 2023.
Age Groups Total Percentage
FROM 0 TO 5 YEARS 352937 15,2%
FROM 6 TO 17 YEARS
1076371 46,5%
OLD
AGE 18 OR OLDER 886684 38,3%
TOTAL 2315993 100,0%
Source: Prepared by the authors based on the Ministry of Social Development and Family. Social Registry
of Households.
Vulnerable population according to poverty line.
45
Another way to identify the vulnerable population and analyze its evolution over time is through the study
of poverty. The measurement of poverty and extreme poverty due to insufficient income is based on
comparing the income received by the household with two values, known as the poverty and extreme
poverty lines, which represent a minimum standard of income necessary to satisfy a set of basic needs.
Household income is estimated based on information collected in the Socioeconomic Characterization
Survey (CASEN), conducted by the Ministry of Social Development and Family.
This measurement is carried out approximately every 2 years. The evolution of poverty in Chile is
presented below, focusing on some of the vulnerable groups identified. In the first place, there is evidence
of a significant drop in poverty in recent decades, mainly between 2006 and 2017. This drop occurred in
both poverty and extreme poverty levels.
Graphic 5. Distribution of the population according to poverty status (2006-2022). In percentage.
35.0
28.7
30.0
24.8
25.0 21.7
20.0 16.3
15.1
13.8 13.9
15.0
11.2 10.7
9.6
7.8 8.5
10.0 12.4 6.4 6.5
6.2
9.7 4.5
5.0 7.9
4.3 4.3
0.0 3.4
2.3 2.0
2006 2009 2011 2013 2015 2017 2020 2022
Pobreza extrema Pobreza no extrema Pobreza
Source: Authors' own elaboration based on the Ministry of Social Development and Family, Casen Survey
and Casen Survey in Pandemic 2020.
Regarding the differences according to the sex of the people, there are no different values in the incidence
of poverty between men and women, reducing the gap as the years go by. A different situation arises
when looking at the data according to age group. In this case, children and adolescents show higher levels
of poverty than the rest of the groups, although the distances have also been reduced over time.
Graphic 6. Distribution of the population by sex (2006-2022). In percentage.
46
35.0
29.5
30.0
25.7
25.0 28.0 23.2
23.9
20.0
20.3 14.7
15.0 11.7 11.0
9.0
10.0 13.1
6.9
10.6 10.3
5.0 8.0
6.1
0.0
2006 2009 2011 2013 2015 2017 2020 2022
Varón Mujer
Source: Authors' own elaboration based on the Ministry of Social Development and Family, Casen Survey
and Casen Survey in Pandemic 2020.
Graphic 7. Distribution of the population according to poverty situation by age group (2006-2022). In
percentage.
45.0
40.0
35.0
30.0
25.0
20.0
15.0
10.0
5.0
0.0
2006 2009 2011 2013 2015 2017 2020 2022
0a3 4 a 17 18 a 29 30 a 44 45 a 59 60 y más
Source: Authors' own elaboration based on the Ministry of Social Development and Family, Casen Survey
and Casen Survey in Pandemic 2020.
Another group that has reduced the incidence of poverty in recent years is that of indigenous peoples.
While in 2006, 4 out of 10 people belonging to these peoples were below the poverty line, by 2022, this
47
value fell to 8.8%, remaining close to the 6.2% of the population that does not express itself as belonging
to any indigenous people.
Graphic 8. Distribution of the population according to poverty situation by belonging to indigenous peoples
(2006-2022). In percentage.
50.0
43.3
45.0
37.2 38.2
40.0
33.0
35.0
30.0
25.0 22.4
27.7
20.0 23.8 17.4
15.8
20.7 14.0 12.9
15.0
8.8
10.0 7.5 7.5
13.0
10.6 10.4
5.0 7.9
6.2
0.0
2006 2009 2011 2013 2015 2017 2020 2022
Pertenece a pueblos indígenas No pertenece a pueblos indígenas No sabe
Source: Authors' own elaboration based on the Ministry of Social Development and Family, Casen Survey
and Casen Survey in Pandemic 2020.
Situation of the disabled and dependent population
Below are some results of the National Disability and Dependency Survey, ENDIDE 2022, conducted by
the Ministry of Social Development and Family, the National Disability Service and the National Service
for the Elderly.
This information estimates the number of adults with disabilities nationwide and identifies social inclusion
gaps that will allow the development of more timely public policies on social inclusion for people with
disabilities in the country.
A person is considered to have a disability when, in relation to their physical, mental, intellectual, sensory
or other health conditions, when interacting with various contextual, attitudinal and environmental
barriers, they present restrictions on their full and active participation in society.
A person with dependency is considered to be those who have a disability and who require the assistance
of one or more people in their environment to improve their functioning, carry out activities and
participate in society.
Population over 18 years of age
48
Board 6. Prevalence of the adult population with disabilities. Population aged 18 years or older. 2022.
Estimated
Disability Percentage
population
People without disabilities 12652067 82,4%
People with mild or moderate disabilities 957058 6,2%
People with severe disabilities 1746835 11,4%
Total population 15355960 100,0%
Total Persons with Disabilities (PwD) 2703893 17,6%
Source: Third National Disability Study (ENDISC) based on the National Survey on Disability and
Dependency (ENDIDE), Ministry of Social Development and Family
17.6% of adults have some degree of disability. This equates to 2,703,893 people nationwide. 11.4% (1.75
million people) have severe disabilities.
Board 7. Prevalence of dependency among the adult population. 2022
Estimated
Dependence Percentage
population
People without dependency 13856983 90,2%
People in a situation of mild dependency 529274 3,4%
People in a situation of moderate dependency 549424 3,6%
People in a situation of severe dependency 420279 2,7%
Total population 15355960 100,0%
Total number of people in a situation of
1498977 9,8%
dependency
Source: Third National Disability Study (ENDISC) based on the National Survey on Disability and
Dependency (ENDIDE), Ministry of Social Development and Family
9.8% of the country's adult population, equivalent to almost 1.5 million people, is in a situation of
dependency. 2.7% (420,000 people) are in a situation of severe dependency.
Both phenomena are more common in older people and in people living in lower-income households.
Similarly, both disability and dependency occur to a greater extent among women than men at all stages
of the life cycle and at all income levels.
The majority of older people are self-sufficient (77.8% without dependence). However, among people
aged 60 and over, dependency and severe dependency are more frequent than in the rest of the
population: 22.2% and 8.0%, respectively.
49
The relationship between less access to economic resources and the greater presence of disability and
dependency is most evident in the elderly population.
While 32 per cent of the population without disabilities is inactive, this proportion rises to 56.1 per cent
in the population with disabilities. In the case of people with severe disabilities, this value increases to
64.4%. On the other hand, the monthly income of the main occupation decreases according to the degree
of disability of the people.
Regarding educational level, while people without disabilities have an average of 12.2 years of schooling,
those with mild to moderate disabilities have an average of 11.4 and those with severe disabilities have
9.2. This relationship is more pronounced in the older population. Almost half of the population with
disabilities did not complete secondary education.
More than half of people with disabilities (51.1%) have a health condition. This percentage drops to 8.3%
for people who do not have a disability. On the other hand, the population with disabilities receives more
outpatient care and more attention in rehabilitation services during the year than the population without
disabilities (86.3% vs 70.7% and 15% vs 5.1%).
Population of children and adolescents
Board 8. Estimation of the prevalence of disability in the population of children and adolescents.
Population from 2 to 17 years old
Estimated
Disability Percentage
population
Non-disabled children 3405256 85,3%
Children with mild to moderate
188500 4,7%
disabilities
Children with severe disabilities 399209 10,0%
Total population from 2 to 17 years
3992965 100,0%
old
Total children and adolescents with
587709 14,7%
disabilities
Source: Third National Disability Study (ENDISC) based on the National Survey on Disability and
Dependency (ENDIDE), Ministry of Social Development and Family
14.7% of children and adolescents aged 2 to 17 have some degree of disability. This is equivalent to
587,709 children and adolescents nationwide.
10% of children and adolescents aged 2 to 17 (399,209) have severe disabilities.
86% of children and adolescents with disabilities received some health care in the last 12 months,
however, 42.1% reported having had problems getting an appointment or care (time) and 35.1% reported
having problems being seen at the facility (delay in care, time changes, etc.).
50
18.7% of children and adolescents with disabilities need more support resources: 12.8% do not use
support resources and declare that they need some, and 5.9% use support resources, but need some
more.
The net attendance rate for basic education (6-13 years) is 96.5 per cent for the able-bodied population
and 92.9 per cent for the disabled population. In the case of the net rate of attendance at secondary
education (14 to 17 years), the respective values are 87.2 per cent and 81.2 per cent.
Gender-based violence
This section compiles some available data on different forms of gender-based violence that were prepared
by the Subcommittee on Gender Statistics (SEG), coordinated by the National Institute of Statistics (INE)
and the Ministry of Women and Gender Equality.
First, Table 6 shows the number of completed and frustrated femicides in the last decade. Broadly
speaking, what can be observed is that the number of femicides has remained, with oscillations, at similar
levels over the years, although there has been evidence of an increase in those who have been frustrated.
Board 9. Number and rate of completed and frustrated femicides, by year. Years 2010-2022.
Rate of
Number of Rate of Number of
attempted
femicides femicides per frustrated
Year femicides per
completed 100,000 femicides
100,000
(Total) women (%) (Total)
women (%)
2010 49 0,6
2011 40 0,5
2012 34 0,4 82 0,9
2013 40 0,4 76 0,8
2014 40 0,4 103 1,1
2015 45 0,5 112 1,2
2016 34 0,4 129 1,4
2017 44 0,5 115 1,2
2018 42 0,4 121 1,3
2019 46 0,5 109 1,1
2020 43 0,4 151 1,5
2021 44 0,4 163 1,6
2022 43 0,4 180 1,8
Source: Victim Assistance Network System (SRAV) of the Intersectoral Femicide Circuit (CIF) and Base
Population Estimates and Projections 2017, INE-Chile.
51
When looking at the data on gender-based violence by type, it can be seen that the psychological format
is the most frequent, increasing between 2012 and 2020. On the other hand, it can be identified that
physical violence has decreased over time, although 3.74% of women still reported suffering it. Sexual
violence is less frequent, but has increased over the years, reaching 2.84% of women in 2020.
Finally, focusing on young people, there has been an increase in physical violence carried out by strangers
in a public place in the last decade, although it has decreased slightly at the level of relationships.
Board 10. Prevalence of violence by type. Years 2012, 2017 and 2020. Women between 15 and 65 years
old. In percentage.
Year Psychological Physics Sexual
2012 16,81 5,82 1,80
2017 20,15 4,35 2,12
2020 20,21 3,74 2,84
Source: National Survey on Victimization of Domestic Violence and Sexual Offences, Sub-secretariat for
Crime Prevention, Ministry of the Interior and Public Security, Chile.
Board 11. Percentage of young women victims of physical violence by type. Years 2012, 2015, 2018 and
2022. 15 to 29 years old. In percentage.
Unknown person in a In
Year
public place relationships
2009 8,72
2012 8,18 7,75
2015 7,57 6,50
2018 8,24 6,52
2022 12,29 6,94
Source: National Youth Institute INJUV, National Youth Survey 2012, 2015, 2018, 2022.
Bibliography consulted
Social Data. Data visualization of the social reality of Chile.
https://datasocial.ministeriodesarrollosocial.gob.cl/
National Socioeconomic Characterization Survey (CASEN)
National Disability Service SENADIS (2023). III National Disability Study 2022. National Results. Adult
population.
National Disability Service SENADIS (2023). III National Disability Study 2022. National Results. Population
of children and adolescents aged 2 to 17 years.
Subcommittee on Gender Statistics. https://www.estadisticasdegenero.cl/indicadores/violencia-de-
genero/
52
7. Annexo Legal
The following annex provides a brief summary of regulations relevant to the Program, in particular the law
establishing the intersectoral social protection system and establishing the Ministry of Social Development and
Family, and other regulations related to non-discrimination and the protection of vulnerable groups. The
complete list of the standards taken into account for this Evaluation can be found in the body of the document
in the chapter on the legal framework.
Law 20530
1. The law in its Article 1. It establishes its purpose and creates the subject within the Executive
Branch that will be in charge of the different actions necessary for the fulfillment of the object
of the law.
1. Thus, Article 1 states: "The Ministry of Social Development and Family is created as the
Secretariat of State responsible for collaborating with the President of the Republic in
the design and implementation of policies, plans, and programs in the field of equity
and/or social development, especially those aimed at eradicating poverty and
providing social protection to individuals. vulnerable families or groups at different
times in the life cycle, promoting mobility and social integration and participation with
equal opportunities in national life."
2. The recipients are:
1. People in vulnerable situations
2. People who, for circumstantial reasons, are exposed to falling into situations of
vulnerability.
3. Children in order to protect the rights of children and adolescents.
3. The modality of implementation of these policies provides for the family approach, social
integration and regional deconcentration or decentralization.
4. Likewise, the aforementioned article places the Ministry at the head of the Ministry, which
creates the responsibility for the evaluation of investment projects in the area, expressly indicating the
duty to attend to the reduction of the effects of climate change.
5. Finally, this article makes it the responsibility of the Ministry to provide for the participation of
civil society and due public information on the social programs referred to in the law.
2. Article 2 develops a glossary of the most relevant terms for the application of the law, which
are: 1) Family; (2) Social Programs; 3) Vulnerable Persons or Groups; (4) Integrated Bank for Social
53
Programs; 5) Individuals or groups and families at risk of vulnerability; (6) Integrated Bank for
Investment Projects; 7) Investment Initiatives; 8) Social Protection Guarantees.
3. Article 3 specifies, with the requirements to be met in each case, the actions to be carried out
by the Ministry, among which the following stand out:
1. Design & Propose social policies,
2. To establish the criteria for the evaluation of social Programs and to evaluate and
decide on new social Programs and planned investments.
3. The various control actions necessary to have adequate information on the quality and
scope of the Programs being implemented.
4. Article 3 bis places the Ministry in charge of defending the rights of the child, detailing various
actions based on the provisions of subparagraph (c), which essentially reads: "To administer, coordinate
and supervise intersectoral management systems or subsystems whose objective is to prevent the
violation of children's rights and to protect them comprehensively; in particular, the implementation
or coordination of specialized actions, benefits or services aimed at safeguarding the rights of children
and support actions aimed at children, their families and those who make up their households,..."
5. Art. 3° ter. It establishes various regulatory powers of the Ministry, while Article 4 creates the
Sub-secretaries in charge of the different areas, which include:
1. The Sub-secretary for Social Evaluation.
2. The Sub-secretary of Social Services.
3. The Office of the Sub-secretary for Children.
4. The Regional Ministerial Secretariats for Social Development and the Family.
Articles 5, 6 and 6 bis establish the competencies of each sub-secretariat.
6. Article 7 regulates the order of subrogation of the Minister.
7. Article 8 creates a Regional Ministerial Secretariat for Social Development and Family in each
region of the country and establishes its powers and responsibilities, and it should be noted that Article
23 states: "Article 23.- The functions and powers of the regional governments shall correspond
exclusively to the planning of the development of the Region. through the design, preparation,
approval and application of policies, plans and Programs within its territory, which must be in
accordance with national development policies and the national budget."
9. Title II of the Act, Articles 11 to 16 bis, establishes the Inter-Ministerial Committee on Social
Development and the Family (in whose name it will be added and on Children's Affairs, where
appropriate in the matter) and establishes its composition, powers and mode of operation.
10. Title III establishes the Council of Civil Society for Children
11. Finally, in Title Four Final Provisions, various rules for the technical adjustment of the preceding
content are developed, among which the aforementioned Article 23 stands out.
Law 20530 of the Republic of Chile was enacted on October 6, 2011. This summary is based on the text
of the latest published version, which is dated June 18, 2022.
54
Law No. 21090 creating the SUB-SECRETARIAT FOR CHILDREN
Law 21090 of April 13, 2018 creates the SUB-SECRETARIAT FOR CHILDREN, for which purpose it modifies
Law No. 20,530, through which the MINISTRY OF SOCIAL DEVELOPMENT was created, to which the
aforementioned SUB-SECRETARIAT is incorporated.
The content of Law 21090 summarized below is already referred to in the report summarizing the
content of Law 20530 as of the date of its latest version of June 18, 2022.
1. Act No. 21090 is divided into five articles, the first of which creates the Office of the Sub-
secretary for Children, establishes its authorities, structure and functions, and the second to
fifth articles adopts the supplementary provisions for the operation of the Sub-secretariat.
2. The main aspects of the aforementioned Article of Law 21090 are the following:
2.1. Point 1 of the amends the Article 1 of Law 20530, attributing to the Ministry the function
of ensuring the rights of children.
2.2. In the description of the functions and powers of the Ministry in various parts of the text
of the Act, for example in paragraph 5 of the above-mentioned Article I of the Act,
amendments are made to the text of the Act to reflect the incorporation of the child into
the policies and actions of the Ministry.
2.3. The Article 3 bis of the Law establishing "Article 3 bis.- The Ministry shall ensure the rights
of children,..." It goes on to detail the functions and powers it assigns to this end, including:
3.1. (b) To propose to the President of the Republic the National Policy on Children and its
Plan of Action, to report on its implementation and to recommend the appropriate
corrective measures, in accordance with the provisions of article 16 bis (a);
3.2. (c) Administering, coordinating and supervising intersectoral management systems or
subsystems aimed at preventing violations of children's rights and protecting them
comprehensively, in particular the implementation or coordination of specialized
actions, benefits or services aimed at safeguarding children's rights and support actions
for children; to their families and to those who make up their household, ..."
2.4. It expands the regulatory powers to include those of the Sub-secretariat that is created.
2.5. It amends Article 6 bis of the law by creating the Sub-secretariat and attributing its
functions to it. "Article 6 bis.- The Office of the Sub-secretary for Children shall be headed
by the Sub-secretary for Children, who shall be the Sub-Secretary's Superior. In particular,
it shall be responsible for collaborating with the Minister in the exercise of the functions
contained in letters a) and ñ), especially in relation to the Subsystem for the Comprehensive
Protection of Children "Chile Crece Contigo", and in letters e), t), u) and w), all of article 3,
only in matters related to children. It shall also be responsible for collaborating with the
Minister in the exercise of the functions established in Article 3 bis."
2.6. It amends Article 7 of the Act by establishing the order of subrogation of the Minister.
2.7. Article 16 bis (No. 21090), paragraph 9, of Law No. 21090, which modifies the name of the
https://www.leychile.cl/Navegar?idNorma=1030861&idParte=9906474&idVersion
=Interministerial Committee for Social Development, is renamed the "Inter-Ministerial
Committee for the Social Development of Children" and assigns its functions.
55
2.8. Point 10) incorporates a new Title III into Law 20530, creating the Council of Civil Society
for Children
3. Article 2 of Law No. 21090 amends Law No. 20,379, which creates the Intersectoral Social
Protection System and institutionalizes the "Chile Crece Contigo" Comprehensive Child
Protection Subsystem, adding a second paragraph to Article 9 with the following text: "The
subsystem may also accompany the development process of children who are enrolled in public
educational establishments up to the first cycle of education." basic education, through the
programs incorporated in the Public Sector Budget Law each year."
4. Finally, Act No. 21090 contains a number of transitional provisions intended to bring the
Assistant Secretary for Children into operation within one year of the enactment of the Act.
Law 19828 on the creation of the NATIONAL SERVICE FOR THE ELDERLY
Law 19828 states:
1. Article 1 defines the general objective of the Act in the following terms: "The provisions of this
Act are intended to establish the creation of the National Service for the Elderly, which shall
ensure the full integration of the elderly into society, their protection against abandonment
and destitution, and the exercise of the rights recognized by the Constitution of the Republic
and the laws.
1.1. For all legal purposes, a person who has reached the age of sixty is called an older adult
1.2. An adult over the fourth age is one who has attained the age of eighty."
2. Article 2 formally creates the Service, attributing to it the character of a decentralized public
service with legal personality and its own assets.
3. Article 3 establishes the objectives of the policies to be proposed and implemented by the
Service and to this end attributes to it the corresponding functions, among which the following
stand out:
3.1. (a) To study and propose to the President of the Republic the policies, plans and Programs
to be implemented in order to diagnose and contribute to the solution of the problems of
the elderly, to ensure that they are implemented and to evaluate their implementation;
3.2. (b) Proposing, promoting, coordinating, monitoring and evaluating specific Programs for
the elderly carried out through the State Administration.
3.3. (c) Encourage the participation of the private sector in meeting the needs and solving the
problems arising from the ageing process.
3.4. (d) To encourage the integration of older persons into their families and the community
and to promote the social integration of older persons so that they remain active for their
own benefit and for the benefit of the community.
4. Articles 4 and 5 create the authorities of the Service and its organization.
5. Article 6 creates a Consultative Committee for the Elderly with ad honorem advisory functions
and whose agreements will not be binding, but will constitute recommendations for the
National Director.
56
6. In Art. 7°
6.1. The National Fund for the Elderly is created to finance initiatives to directly support the
elderly, and whose resources will be based on donations and legacies in money accepted
for them by the Service and the resources assigned annually by the Budget Law. This fund
will be administered by the National Service for the Elderly.
6.2. The rules for the application of the resources of the Fund that is created are established.
7. Article 8 regulates the assets of the Adult Service and Articles 9, 10 and 11 regulate the
personnel of the Service.
8. In Art. Regional Committees for the Elderly are created, which are responsible for the local
functions entrusted to them by the Service.
9. Title VII, Articles 13 to 15, adopt "Other provisions" necessary for the operation of the Service,
and finally, the final title, without numbering Transitional Provisions, include the measures
necessary for the implementation of the Service for the Elderly.
Law No. 19828 creating the Service for the Elderly is dated September 16, 2002.
Law 20422 -
PEOPLE WITH DISABILITIES
EQUAL OPPORTUNITIES – SOCIAL INCLUSION
Law 20422 is a body of legislation which, based on the definition of a policy of equal
opportunities and social inclusion for persons with disabilities, regulates the different aspects inherent
to the application of that policy. The following is a brief summary of the 82 articles of the main body of
the aforementioned legal text and its five transitory articles.
1. Article 1 defines the purpose of this law in the following terms: "The purpose of this law is to
ensure the right to equal opportunities of persons with disabilities, in order to obtain their full
social inclusion, ensuring the enjoyment of their rights and eliminating any form of
discrimination based on disability." Article 2 provides for the promotion of knowledge in the
community of the principles and rights involved in that law.
2. Article 3 details the applicable principles "independent living, universal accessibility, universal
design, intersectorality, participation and social dialogue" and defines them.
3. Article 4 establishes the "duty of the State to promote equal opportunities for persons with
disabilities" and the rules applicable to that end.
4. Article 5 defines a person with a disability in the following terms: A person with a disability is a
person who, having one or more physical, mental, or sensory deficiencies, whether due to
mental or sensory causes, of a temporary or permanent nature, when interacting with various
barriers present in the environment, is prevented or restricted from full and effective
participation in society. on an equal footing with others."
57
5. Article 6 defines the main terms in relation to this law: a) Discrimination; (b) Technical aids; (c)
Support service; (d) Caregiver: (e) Dependency:; (f) Environment; (g) Hearing-impaired person;
(h) Deaf person: (i) Deaf community; (j) Deafblind person; k) Interpreter guide:.-
6. Article 7 defines "equality of opportunity" for the purposes of the law in the following terms:
"Equality of opportunity for persons with disabilities is understood to mean the absence of
discrimination on the basis of disability, as well as the adoption of affirmative action measures
aimed at avoiding or compensating for the disadvantages of a person with a disability in
participating fully in political life, educational, labor, economic, cultural and social."
7. Article 8 identifies and defines the measures against discrimination: "accessibility
requirements, making necessary adjustments and prevention of harassing behaviours", which
is complemented by the provisions of articles 8 bis and 8 ter in order to make effective the
possibilities of accessibility and communication.
8. Paragraph 2 of the Act, Articles 9 to 12, establish the actions referred to persons with disabilities
in vulnerable situations.
9. Title II of Law Articles 13 to 17 regulates the certification and certification of disability.
10. Title III of the Act, in its two paragraphs, Articles 18 to 22, deals with the prevention of disability
and the rehabilitation of persons with disabilities.
10.1. To this end, Article 18 states: "The prevention of disabilities and rehabilitation
constitute an obligation of the State and, likewise, a right and a duty of persons with
disabilities, of their families and of society as a whole."
10.2. Paragraph 1, Articles 18 and 20, defines prevention and the terms of actions to that
end.
10.3. In Paragraph 2, in turn, Article 21 defines comprehensive rehabilitation and Article 22
defines the right to rehabilitation.
11. Title IV, Paragraph 1 Accessibility Measures, Articles 22 to 33, regulates the different forms of
accessibility according to the different limitations with which the disability manifests itself.
12. In turn, Paragraph 2 of the same Title IV, in its Articles 34 to 42, regulates measures referring
to education and inclusion, under the central concept (Art. 34) that "The State shall guarantee
persons with disabilities access to public and private establishments of the regular education
system or to special education establishments, as appropriate, who receive subsidies or
contributions from the State."
12.1. Articles 35 to 42 establish the rules under which the guarantee established in Article 34
will be effective.
13. Paragraph 3 of the same Title IV, "On Labor Inclusion and Training", Articles 43 to 47, provides
for the promotion and application of affirmative action measures to promote inclusion and non-
discrimination, and to that end, the following articles of the aforementioned Paragraph 3
develop the applicable inclusion rules.
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14. Finally, Paragraph 4 of Title IV, Articles 48 to 54, establishes tariff exemptions for persons with
disabilities.
15. Title V of the Act establishes the National Disability Registry and Articles 55 and 56 assign its
objectives and functions.
16. Title VI Special Actions, Articles 57 to 59, establish the actions available to those affected in the
rights recognized by that law and the penalties applicable to those who do not comply with the
obligations imposed on them by that law.
17. Article 60 of Title VII regulates the creation and functions of the Committee of Ministers on
Disability and the National Disability Service, which is responsible for proposing to the President
of the Republic the national policy for persons with disabilities, ensuring compliance with it and
ensuring its technical quality, coherence and intersectoral coordination, through periodic
evaluations of actions and benefits.
18. Article 61 establishes the National Disability Service, "a functionally decentralized and
territorially decentralized public service whose purpose is to promote equal opportunities,
social inclusion, participation and accessibility for persons with disabilities," and Article 62
establishes its functions, including:
18.1. (a) To coordinate all social actions and benefits carried out by various State agencies
that contribute directly or indirectly to this end. In order to carry out this function, the
Service may enter into agreements with these bodies.
18.2. (b) To provide technical advice to the Committee of Ministers in the preparation of the
national policy for persons with disabilities and in the periodic evaluation of all actions and
social benefits carried out by various State agencies whose direct or indirect purpose is
equal opportunities, social inclusion, participation and accessibility for persons with
disabilities;
18.3. (c) To prepare and implement, where appropriate, the plan of action of the national
policy for persons with disabilities, as well as plans, Programs and projects.
18.4. (d) To promote and develop actions that promote coordination between the private
and public sectors in all matters related to improving the quality of life of persons with
disabilities.
18.5. (e) To finance, in whole or in part, plans, Programs and projects.
19. In Article 63. The Disability Advisory Council is created with the aim of "making effective
participation and social dialogue in the process of equal opportunities, social inclusion,
participation and accessibility of persons with disabilities."
19.1. The same article establishes their integration, a subject that is complemented in Article
65.
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19.2. Article 66 regulates the management and administration of the National Disability
Service and the functions of the National Director of the Service.
19.3. Articles 67 and 68 regulate the other authorities of the Service.
19.4. Article 698 establishes the composition of the assets of the Service.
19.5. Article 70 establishes that for the services and technical aids required by children under
six years of age, the diagnostic determination of the treating physician and the presentation
of a treatment plan shall be sufficient.
19.6. Articles 71 to 81 lay down the rules applicable to the staff of the Service.
19.7. Finally, Article 82 states: "Law No. 19,284, which establishes rules for the full social
integration of persons with disabilities, is repealed, with the exception of Article 21, Articles
25-A to 25-F, inclusive, and Article 65, which are understood to be in force for all legal
purposes."
19.8. The transitional provisions contain a number of provisions for the initial application of
the law.
Law 22422 of the Republic of Chile was enacted on February 3, 2010
LAW 20.609 - ESTABLISHES ANTI-DISCRIMINATION MEASURES
Article 1 of Law No. 20609 states that the "fundamental objective of this law is to establish a judicial
mechanism that will effectively restore the rule of law whenever an act of arbitrary discrimination is
committed." To that end, it provides that "It shall be the responsibility of each of the organs of the
State Administration, within the scope of its competence, to develop and implement policies designed
to guarantee to every person, without arbitrary discrimination, the enjoyment and exercise of his rights
and freedoms recognized by the Political Constitution of the Republic, the laws and international
treaties ratified by Chile and in force." To this end, the Act sets out the rules for the rights it guarantees:
1. Article 2 defines "arbitrary discrimination" for the purposes of this law in the following terms:
1.1. "Arbitrary discrimination is understood to mean any distinction, exclusion or restriction
that lacks reasonable justification, made by agents of the State or private individuals, and
that causes deprivation, disturbance or threat to the legitimate exercise of the fundamental
rights established in the Political Constitution of the Republic or in the international human
rights treaties ratified by Chile and in force, in particular when they are based on grounds
such as race or ethnicity, nationality, socio-economic status, language, political ideology or
opinion, religion or belief, trade union membership or participation in trade union
organizations or lack thereof, sex, maternity, breastfeeding, breastfeeding, sexual
orientation, gender identity and expression, marital status, age, parentage, personal
appearance, and illness or disability."
1.2. The foregoing definition is framed in the provisions of the following paragraph of the same
article, which reads: "The categories referred to in the preceding paragraph may not, in any
case, be invoked to justify, validate or exculpate situations or conduct contrary to the law
or public order. Distinctions, exclusions or restrictions which, despite being based on any
of the criteria mentioned in the first paragraph, are justified in the legitimate exercise of
another fundamental right, especially those referred to in numbers 4, 6, 11, 12, 15, 16 and
21 of article 19 of the Political Constitution of the Republic, shall be considered reasonable.
or in another constitutionally legitimate cause." The annex to this summary contains a
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transcription of the articles of the Constitution of Chile to which the preceding provision
refers.
2. Article 3 creates the action of arbitrary non-discrimination and Article 4 regulates the right to
bring proceedings. Article 5 provides for the time limit and manner in which the action may be
filed.
3. Article 6 establishes the cases in which an action of arbitrary non-discrimination shall not be
admitted.
4. Article 7 provides, as a precautionary measure, for the provisional suspension of the contested
act.
5. Articles 8 to 14 govern the conduct of the proceedings and their conclusion until the final
decision
6. Title III, Amendments to other legal bodies, Articles 15 to 18, incorporate amendments to the
Administrative Statute, the Administrative Statute for Municipal Officials and the Penal Code,
in relation to the provisions of this law.
Law 20609 was enacted on July 12, 2012.
Paragraphs of Article 19 of the Constitution of the Republic of Chile,
cited in the last paragraph of Article 2 of Law 20609 Anti-Discrimination Measures.
4.- Respect and protection of the private life and honour of the person and his or her family, as well as
the protection of their personal data. The processing and protection of this data will be carried out in
the manner and under the conditions determined by law;
Freedom of conscience, the manifestation of all beliefs and the free exercise of all religions that are not
opposed to morality, good customs or public order.
Religious denominations may erect and maintain temples and their dependencies under the conditions
of safety and hygiene established by laws and ordinances.
Churches, confessions and religious institutions of any religion shall have the rights granted and
recognized, with respect to property, by the laws currently in force. Temples and their dependencies,
intended exclusively for the service of a cult, shall be exempt from all kinds of contributions;
Freedom of education includes the right to open, organize and maintain educational establishments.
Freedom of education is limited by no limitations other than those imposed by morality, good customs,
public order and national security.
Officially recognized education may not be aimed at propagating any partisan political tendency.
Parents have the right to choose the educational establishment for their children.
An organic constitutional law shall establish the minimum requirements to be required at each level of
primary and secondary education and shall indicate the objective standards of general application that
will enable the State to ensure compliance with them. This law will also establish the requirements for
the official recognition of educational establishments at all levels;
The freedom to express opinions and to inform, without prior censorship, in any form and by any means,
without prejudice to answering for crimes and abuses committed in the exercise of these freedoms, in
accordance with the law, which must be a qualified quorum.
Under no circumstances may the law establish a state monopoly over the means of social
communication.
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Any natural or legal person offended or unjustly referred to by any means of social communication has
the right to have his or her statement or rectification disseminated free of charge, under the conditions
determined by law, by the means of social communication in which such information was issued.
Every natural or legal person has the right to establish, edit and maintain newspapers, magazines and
periodicals, under the conditions established by law.
The State, those universities and other persons or entities determined by law may establish, operate
and maintain television stations.
There will be a National Television Council, autonomous and with legal personality, in charge of ensuring
the proper functioning of this means of communication. A qualified quorum law shall indicate the
organization and other functions and powers of the Council.
The law will regulate a rating system for the exhibition of film productions;
The right to associate without prior permission.
In order to have legal personality, associations must be established in accordance with the law.
No one can be forced to belong to an association.
Associations contrary to morality, public order and the security of the State are prohibited.
Political parties may not intervene in activities other than those that are proper to them, nor may they
have any privilege or monopoly on citizen participation; the list of its members will be registered with
the State Electoral Service, which will keep a reserve of the same, which will be accessible to the
militants of the respective party; its accounts must be public; the sources of its financing may not come
from money, goods, donations, contributions or credits of foreign origin; Its statutes must include the
rules that ensure effective internal democracy. A constitutional organic law shall establish a system of
primary elections that may be used by such parties for the nomination of candidates for popularly
elected office, the results of which shall be binding on these parties, except for the exceptions
established by said law. Those who are not elected in the primary elections may not be candidates, in
that election, for the respective office. An organic constitutional law shall regulate the other matters
that concern them and the penalties that will be applied for non-compliance with its precepts, within
which it may consider their dissolution. Associations, movements, organizations or groups of persons
that persecute or carry out activities typical of political parties without complying with the above norms
are illegal and will be punished in accordance with the aforementioned constitutional organic law.
Political pluralism is guaranteed by the Constitution. Parties, movements or other forms of organization
whose objectives, acts or conduct do not respect the basic principles of the democratic and
constitutional regime, seek the establishment of a totalitarian system, as well as those that make use
of, advocate violence or incite it as a method of political action are unconstitutional. It will be up to the
Constitutional Court to declare this unconstitutionality.
Without prejudice to the other penalties established in the Constitution or in the law, persons who have
participated in the events that give rise to the declaration of unconstitutionality referred to in the
preceding paragraph may not participate in the formation of other political parties, movements or other
forms of political organization, or run for popularly elected public office or hold the positions mentioned
in paragraphs (1) to (6) of the Constitution. Article 57, for a period of five years from the date of the
decision of the Court. If, on that date, the persons referred to are in possession of the functions or
positions indicated, they shall lose them by right.
Persons punished under this provision may not be subject to rehabilitation during the period indicated
in the preceding paragraph. The duration of the disqualifications referred to in said paragraph shall be
doubled in the event of a repeat offence;
Freedom of work and its protection.
Everyone has the right to free contract and free choice of work with fair remuneration.
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Any discrimination that is not based on personal capacity or suitability is prohibited, without prejudice
to the fact that the law may require Chilean nationality or age limits in certain cases.
No kind of work may be prohibited, unless it is contrary to public morals, safety, or health, or unless the
national interest so requires, and a law so declares. No law or provision of public authority may require
affiliation to any organization or entity as a requirement for carrying out a particular activity or work, or
disaffiliation in order to remain in them. The law shall determine the professions that require a
university degree or degree and the conditions that must be met in order to exercise them. Professional
associations established in accordance with the law and related to such professions shall be empowered
to hear complaints about the ethical conduct of their members. An appeal may be lodged against their
decisions with the respective Court of Appeal. Non-associated professionals will be tried by the special
courts established by law.
Collective bargaining with the company in which they work is a right of workers, except in cases where
the law expressly does not allow negotiation. The law shall establish the modalities of collective
bargaining and the appropriate procedures for achieving a just and peaceful solution. The law shall
specify the cases in which collective bargaining must be submitted to compulsory arbitration, which
shall be the responsibility of special tribunals of experts, the organization and powers of which shall be
established therein.
Civil servants of the State or municipalities may not go on strike. Neither may persons who work in
corporations or enterprises, whatever their nature, purpose or function, that provide services of public
utility or whose stoppage causes serious damage to health, the country's economy, the supply of the
population or national security. The law shall establish the procedures for determining the corporations
or enterprises whose workers shall be subject to the prohibition established by this subsection;
The right to carry out any economic activity that is not contrary to morality, public order or national
security, respecting the legal norms that regulate it.
The State and its agencies may engage in or engage in business activities only if authorized by a qualified
quorum law. In such a case, such activities shall be subject to the common legislation applicable to
individuals, without prejudice to the exceptions established by law for justified reasons, which must
also be a qualified quorum;
Source: https://www.bcn.cl/leychile/navegar?idNorma=1042092 consulted 11 III 2024.-
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