The Santiago Registrar of Deeds, Luis Maldonado, has filed an economic protection writ with the Santiago Court of Appeals to prevent his removal from office due to age. The lawyer is seeking to block the implementation of a notary and registry reform that mandates retirement at age 75.
Maldonado, 81, is joined in the legal action by notary Linda Bosch, who turns 76 this September. Both professionals are fighting to prevent the enforcement of the new regulation, set to take effect in October, which eliminates the exemption that previously allowed them to remain in their roles past the age limit.
Constitutional lawyer Patricio Zapata, who signed the filing, argues that the reform is a state action that violates the fundamental right to engage in lawful economic activity. The appeal contends that the measure constitutes age discrimination.
Allegations of age discrimination
"Our sole objective is to ask the courts to determine whether we are facing a case of age discrimination," Zapata told the press.
The legal filing states that the reform's implementation would end the professionals' careers based solely on their age. According to the document, the mandated retirement fails the test of reasonableness and should be declared unlawful.
The dispute stems from a 1995 amendment to the Organic Code of Courts. That regulation established an exemption for judicial administration officials already in service—a provision that protects Maldonado and Bosch, who were appointed in 1979 and 1983, respectively.
The writ argues that the measure violates Article 19, Number 21 of the Constitution, which guarantees the freedom to engage in economic activities. The appeal asserts that preventing them from practicing their profession is equivalent to undermining an ongoing lawful activity.
Finally, the filing maintains that both professionals are in good health and capable of continuing their work. Lawyer Zapata warned that if the appeal is successful, it would set a precedent to halt what he described as the "social metastasis of age discrimination" in the country.
