Publications News Newsletters Benefits
Law No. 21,656: Guaranteeing the Right to Oncological Forgetfulness in Chile

Law No. 21,656: Guaranteeing the Right to Oncological Forgetfulness in Chile

March 5 ,2024

Santiago, Chile – On February 13, 2024, the Official Gazette published Law No. 21,656, a momentous legislative measure that modifies Law No. 21,258, enshrining the right to oncological oblivion in Chile.

The main purpose of this law is to ensure that people who have faced and survived cancer do not suffer financial discrimination once they have overcome their illness. This right materializes once 5 years have passed since receiving the clinical discharge of remission of the disease.

The regulations establish that any clause, stipulation or condition that imposes additional financial burdens, exclusions or discrimination based on oncological history prior to the date of signing the contract or legal transaction, will be considered null after 5 years have elapsed from the completion of the treatment. radical without subsequent relapse.

In addition, the law prohibits the request for information on oncological history or the obligation to declare having suffered from cancer at the time of signing a contract or legal transaction, once the period of 5 years has passed since the completion of the radical treatment without subsequent relapse. Likewise, no insurance company may consider a history of oncology for contracting purposes once this period has passed.

This legislation also declares void the clauses that renounce the established rights, and non-compliance will be sanctioned in accordance with Law No. 19,496, on the protection of consumer rights. The corresponding actions may include the cancellation of abusive clauses in adhesion contracts, obtaining compensation for damages and the corresponding reparation.

The promulgation of Law No. 21,656 marks an important milestone in the protection of the rights of people who have overcome cancer in Chile, ensuring their access to financial services without any discrimination.

Law 21,656


Request access to download our reports

In compliance with GDPR regulations, please be aware that by downloading this report you acknowledge you are giving the British-Chilean Chamber of Commerce permission to keep your personal data for the delivery of this service and provide you with relevant information about international commerce.  If you do not wish for us to keep your personal data, please note you will be unable to take advantage of this service.

Request access