The legislative proposal of the Unidad Popular on full rights for married women

Abstract

The original version of the Civil Code, in force since 1855, discriminated against married women. By the mere fact of marriage, they were considered relatively incapable, subjugated under the authority of their husbands, and limited in the exercise of their civil rights. The government program of the Popular Unity proposed the eradication of this discrimination. In this article, an analysis is made of the components of the bill «Modification of the provisions of the Civil Code relating to the legal capacity of married women», which was supported by the government of President Salvador Allende, and vigorously promoted in Congress with the objective of conferring full legal capacity to married women. However, this bill was never enacted due to the abrupt democratic interruption that took place because of the coup d’état and the subsequent establishment of the civil-military dictatorship. In this context and considering that the regime of conjugal partnership in marriage maintains discrimination, the scope and proposals of the Popular Unity project are examined in the light of the evolution of the legal status of married women from the promulgation of the Civil Code to the present.