276. Furthermore, the State pointed out that the right to equality is fully guaranteed in the Chilean constitution, namely in “Articles 1, 5, 19.2, 19.3, 19.17, 19.20 and 19.22 of the Fundamental Charter” and “a [...] measure to ensure effective protection in Article 20.” The State also specified that the National Congress is currently debating a draft law on nondiscrimination (Bulletin 3815-07) which “expressly” establishes certain prohibited categories and “another judicial measure to guarantee their adequate protection and respect.” Similarly, in relation to legislative initiatives, the State noted that the Chilean government has submitted “the draft law agreement on cohabitation (Bulletin 7873-07)” which seeks to “improve the legal status and equality of persons of different sexual orientations.” As documentary proof, the State referred to a report prepared by Mr. Claudio Nash in which he states that Chilean law on the determination of custody does not establish direct or indirect discrimination due to the sexual orientation of the parents, and procedural law does not indicate that the sexual orientation of one’s parents “renders them incapable of carrying out their role.” 277. Similarly, the State indicated that there are currently “innumerable public policies, programs and state initiatives aimed at eradicating discrimination in all its forms, including those based on sexual orientation.” The State noted that the Directorate of Social Organizations for the General Ministry of Government prepared the Program on Sexual Diversity 2011, aimed at “promoting a policy of respect for all persons [...] ensuring that arbitrary discrimination against minorities does not occur.” 278. The State declared that, with regard to its public policies to combat discrimination, the Division of Social Organizations (“DOS”), attached to the General Ministry of Government, has been implementing a program known as “Tolerance, Not Discrimination” since the year 2000. The State explained that in 2006, this program was converted into the Department of Diversity and Non-Discrimination in order to promote the social integration of persons and groups who are vulnerable to discrimination, including sexual orientation, as one of the classified discriminatory criteria. This department, acting through the Diversity and Non-Discrimination Units, has implemented a number of programs, projects and activities designed to promote non-discrimination against sexual minorities”280. Considerations of the Court 279. The Court recalls that Article 2 of the Convention requires States Parties to adopt, in accordance with their constitutional processes and the provisions of the Convention, the legislative or other measures necessary to render effective the rights and freedoms 280 The State mentioned the following programs: the edition of the “Diagnostics of Public Services on Diversity and Non-Discrimination,” which corresponds to a survey on public programmatic services in 12 regions throughout the country in 2007; the organization of a meeting between Social Action Gay, Trans Alliance, the Aphrodite Syndicate of Valparaíso, and the Regional Ministerial Secretariat of Government in the framework of the aforementioned diagnostics; training in diversity and non-discrimination for national officials; support for public events organized by the LGBT movement, such as the Gay Parade; the Second National Meeting of Trans-Feminine Organizations “Difficulties, Advances, and Challenges in the Promotion and Defense of Human Rights,” organized by the “Amanda Jofré” syndicate and the Tavesnavia Transvestite Association in 2006; the First Day of Training “Strategic Planning of the Diversity Network in Biobió,” organized the Network of Sexual Diversity Organizations, among others, in 2007; the First National Meeting “Gender, Family, and Sexual Diversity,” organized by ACCIONGAY in 2009; the design of the Sexual Diversity Program for 2011, from which the following actions have been implemented: the seminar “Sexual Diversity and Discrimination in Chile” held on January 27, 2011, and 12 meetings of the “Roundtable on Sexual Diversity” created by the Division of Social Organizations with the goal of bringing together representatives of the gay, lesbian, bisexual, transgender, transsexual, and inter-sexual communities (GLBTTI), colleges, foundations, corporations, and international institutions. Cf. Brief of final arguments presented by the State (record of merits, volume XII, pages 5833-5837). 79