Every mother has the right to breastfeed her children freely in all kinds of places or areas in which she is found or through which she legitimately travels, according to the best interests of the infant. In this activity, you can count on the support and collaboration of the father when possible.
No conditions or requirements may be imposed that require concealing or restricting breastfeeding. In no case may the campuses impose charges on women who wish to freely exercise the right to breastfeed. The right will also extend to processes for obtaining breast milk other than direct breastfeeding.
Can there be special rooms for breastfeeding in the enclosures?
Yes, but its use will always be voluntary for mothers. These rooms must present adequate hygiene, comfort and safety conditions.
Are there obligations for employers?
Working mothers will exercise the right to breastfeed in accordance with the provisions of Article 206 of the Labor Code, which grants at least one hour a day to feed their sons or daughters under two years of age, among other regulations.
This law imposes the obligation of the employer to grant the facilities to the mother to express and store her milk.
Are sanctions established?
Yes, anyone who arbitrarily deprives a mother of the right to breastfeed will be penalized. The punishment will be a fine of one to four monthly tax units, and will be the responsibility of the local police court corresponding to the place where the offense was committed.
What does the law say about the information that the community must have about the right to breastfeeding?
All people, especially pregnant women, mothers and fathers, have the right to receive timely, accurate and understandable information on the initiation, maintenance and benefits of breastfeeding and breastfeeding.
Institutional health providers who provide gynecological, gynecological, neonatological, pediatric or any other care to pregnant women or children under two years of age, must keep in a public and visible place a letter or infographic with the contents of the law of protection of breastfeeding.
In addition, they must display material to promote breastfeeding and breastfeeding, the content of which should at least contemplate the initiation, maintenance and benefits of breastfeeding and breastfeeding. The Minister of Health must issue a document that establishes the content of this material.
The State has the duty to develop public policies conducive to the promotion, protection and support of breastfeeding.
Who can report non-compliance with the law?
Anyone has the right to participate in the promotion, protection and support of breastfeeding. Consequently, you have the right to demand compliance with this law and report its violation to the competent authorities, when appropriate.
What does the right of the infant to be breastfed by his mother mean?
The Health Code establishes that it is a preferential right of the child, unless the contrary is resolved by medical indication or decision of the mother.
Breast milk is used as a priority feeding for the benefit of the infants who are biological children of the mother.
Can a mother donate her milk to another infant?
Yes, the Health Code states that all mothers may voluntarily donate their milk for the use or benefit of newborns who do not have the possibility of being fed by their own mother. They can also do it if the milk produced by the biological mother constitutes a risk to the baby’s health.
But the mother whose condition puts the integrity and health of the donated milk at risk cannot be a milk donor.
In no case will the donation of breast milk be made directly from the donor woman’s breast to the infant’s mouth.
In addition, mothers may donate their breast milk for use in study, teaching and research programs at universities, educational institutions and public institutions, which may not make commercial use of their results.
Donating breast milk must be free and may not cause any detriment to the biological child of the donor mother.
What other measures are taken?
Breastfeeding is incorporated into the Choose Living Healthy program, as the optimal and ideal means to ensure healthy feeding for infants, up to six months exclusively and up to two years of age in a complementary manner.
In the Comprehensive Child Protection Subsystem “Chile Grows with You”, exclusive breastfeeding will be promoted, ideally until six months of age for breastfed infants, and its continuation at least until two years of age supplemented with other foods.
Protection is extended to processes for obtaining breast milk other than direct breastfeeding, especially with regard to hygiene, safety and security in its extraction, handling, storage and delivery to infants.
It is incorporated into Law No. 20,609, which establishes measures against discrimination, that based on maternity, breastfeeding and breastfeeding.
