Authors by MNI:
Jaime Concha Meneses / Doctor.
Vanesa Hermosilla Del Castillo / Teacher.
Cecilia Deserafino Carreño / Psychopedagogue.
OFFICIAL SITUATION EDUCATION IN CHILE
Participating in this report were the organizations defending the human rights of Niñezy and their families, the Student Centers and the Parent Center of the Barros Borgoño State Lyceum and the Javiera Carrera State Lyceum Parent Center.
1.- Alternative Report of civil society for section 32 of the third cycle of the universal periodic revision of the state of chile to the un Human Rights Council – January 2019. Analysis of the application of the contained in the 4th and 5th consolidated Report of Chile on implementation of the Convention on the Rights of the Child and its optional protocols, prepared in accordance with article 44 of the Convention and the respective protocols, and with arrangement of the General Guidelines of the Committee (crc / c / 58 / rev.2).
2.0 LIST OF NON-COMPLETED ISSUE
Approve a comprehensive law for children, in accordance with the Convention on the Rights of the Child (121.36)
2.1 Integrate into the bill a Code of Guarantees for the Protection of Children and Adolescents with legal and administrative procedures that guarantee the best interests of the child. This should formalize the role of the guarantor position for adults and include protocolized care for adults who perform tasks with children.
2.2 Legal provisions of previous training, obtain psychological accreditation to obtain a credential to work with children and adolescents. 2.2 Create a network of previously trained volunteers and mandatory minimum universal training, with a compulsory national enrollment system for all those who work or interact in activities with children and adolescents.
2.3 Offer adequate and systematic training and sensitization on the rights of the child to all professional groups working for and with children, as law enforcement officers, members of the armed forces, parliamentarians, judges, lawyers, medical personnel, teachers, administrators of schools, university professors, social workers and others who require it.(121.52 -121.82 – 121.73 -121.77 121.78 – 121.80 )
3.0 POLICE AND JUDICIAL VIOLENCE
3.1 Extend this international agreement contained in the sentence Court: Alex Lemun vs. Chile including practical training from civil society to Carabineros, in the use of force and procedures with fragile populations; This training has an impact on cultural relevance, childhood and gender focus for the observance of the principle of non-repetition and progressivity in the use of the police force. This attended that the deceased child was damaged by a Major, in charge of the group of Carabineros, who fired his firearm, hitting the child in the head.
3.2 Installation of the peace flag in each community where children of indigenous peoples live in the Araucanía. (121.11 -DESCs 121.18 – 121.23 -121.26 – 121.122 A / HRC / 26/518 GE.14-12900121.43 A 121.44 – 121.45 -121.46 -121.47 -121.48- 121.49 -121.50 – 121.52- 121.53 – 121.54 – 121.55 -121.56 -121.57 – 121.58 )
Precisions: In point 10 of the Report of the Working Group on the Universal Periodic Review Chile Addition A/HRC/26/5/Add.1/Rev.1121.121 and 121.122 are rejected because the ordering Chilean legal system grants protection to a variety of family types, namely single-parent, two-parent, including one man and one woman. . The minimum wage in Chile is 294 eur, US $ 338. Chile has 5,500,000 two-parent and one-parent families that are made up of children and, among them, children with disabilities and a high percentage of children living in poverty and extreme poverty who are finally under State care, for whom the Committee on Children’s Rights has informed of the gravity situation of the protection system, in June 2018. Mainly the legal system grants insufficient economic subsidies and of low amount to this civil society and the public policies are not developed according to what is indicated in articles 1.2 and 19 of the Constitution. Policy of the Republic and the agreements adopted by Chile are not harmonized (Convention on the Rights of the Child, Disability Convention))
4.0 LAW N ° 20.609 (JULY 2012) MATTERS: ACTION OF NON-DISCRIMINATION; POLITICAL CONSTITUTION OF THE REPUBLIC; WORK CODE; PENAL CODE; CODE OF CIVIL PROCEDURE; ADMINISTRATIVE STATUTE FOR MUNICIPAL OFFICIALS; LAW NO. 18,883; LAW NO. 20,609; ANTI-DISCRIMINATION LAW.
4.1 Develop a national plan with a focus on diversity and cultural relevance: that respects and adapts to the specific meanings and practices of specific populations or social groups, at all socioeconomic levels. (121.34 -121.48 – 121.49 -; 121.50 -121.51 – 121.52 -121.53 – 121.54 – 121.55 -121.56 – 121.57 – 121.58 )
Precisions: In point 6. A/HRC/26/5/Add.1/Rev.1 Chile Regarding recommendations 121.59, 121.60 and 121.61, the adaptation of the domestic legal system to international human rights law constitutes a permanent concern of the State of Chile. However, the law that establishes measures against discrimination, in force since 2012, is in its first phase of implementation, at which time the proposed adjustments may be evaluated. These legislative failures 8 years after its promulgation and without adaptation of the legal system, to the date of this report for the provision of protection of children and their families, affects life, physical, emotional and spiritual integrity and physical security. of children inside educational establishments. It establishes measures against discrimination, establishing a judicial mechanism that allows the rule of law to be restored effectively whenever an act of discrimination is committed based on reasons such as race or ethnicity, nationality, socio-economic situation, language, ideology or opinion. politics, religion or belief, unionization or participation in trade union organizations or the lack thereof, sex, sexual orientation, gender identity, marital status, age, filiation, personal appearance and illness or disability .
|By means of consultation Transparency to the Superintendence of Education (period 2014-2018), there are evidenced:
In this regard, the Superintendency does not indicate whether the agent or operator of the State has filed a complaint with the Office of the Prosecutor, has initiated a summary or which measure has been adopted.
5.0 Law No. 20,536 (September 2011) SUBJECTS: SCHOOL VIOLENCE; BULLYING; SCHOOL MISUSE; SCHOOL LIFE; SCHOOL HARASSMENT; GENERAL EDUCATION LAW; MINISTRY OF EDUCATION
5.1 Create with public funds the Subcommittee on Prevention and Educational Mediation with active protocols for the detection of cases and timely attention to the triad family, student, establishment. With functional autonomy and to train in cultural relevance and gender approach; multidimensional and multidisciplinary attention and with descent to the territory. (121.34-121.86 I( girls)).
Precisions: It modifies the General Law of Education defining school coexistence, and forcing parents, parents, professional teams and managers of establishments to inform and take action in situations of school violence. It also establishes sanctions and procedures to deal with this type of situation. In order to comply with the obligations mandated by the aforementioned law, both management and teaching staff, as well as education assistants, will receive training. Additionally, it establishes the obligation for the establishments to have an internal regulation of school coexistence and a person in charge of coexistence, and schools that are not legally obliged to have a School Board, must create a Committee of Healthy .
Period 2014-2018, the following are evident:
6.0 LAW N ° 20.162 (FEBRUARY 2007), WHICH THROUGH A CONSTITUTIONAL REFORM ESTABLISHES THE OBLIGATORY OF PARVULAR EDUCATION AT ITS SECOND LEVEL OF TRANSITION (4 years).
6.1 Create centers of autonomous families, with state funding and multi-dimensional, multidisciplinary and interdisciplinary attention with cultural and gender relevance at the community level, to address the strengthening of the fundamental nucleus such as the family and to strengthen the growth process of children, girls and adolescents and integrate the systematic teaching of human rights, in particular the rights of the child. ( 121.145 T- 121.47 -121.35 -121.86 – 121.34)
Precisions: According to data from the Casen survey of 2015, only 30% of children between 0 and 3 years of age attend kindergarten education, a percentage much lower than the average number of OECD countries. Families, and transversally -according to presumed cultural relevance- at all socioeconomic levels, consider that it does not seem necessary to send their children to preschool education, either because there is someone who takes care of them or, simply, they do not see greater value in this.
In 2016, there were about 27,000 child accidents in nurseries and kindergartens, including those belonging to the network of nurseries and kindergartens of the Integra Foundation and the National Board of Kindergartens (Junji). The object of the Circular Regulations of Nursery Education Establishments is to guarantee the full and effective enjoyment of all the rights recognized by the Convention on the Rights of the Child, for the physical, mental, spiritual, moral, psychological and social development of children. and teenagers. The legal coefficient to attend to babies between 0 and 2 years old who attend the nursery, staying 8 working hours of their parents are: a kindergarten educator for 42 children, a kindergarten education technician up to or each 7 children (toxic stress approach). A study by Baker, Gruber and Milligan (2008) that studies the universal expansion of government-subsidized care centers in Quebec for children up to 5 years old. The authors found that, in the short term, prolonged exposure to center care was harmful8 and, particularly, worsened «hyperactivity, lack of attention, aggression, motor and social skills, mental health and the propensity to diseases in children».
Chile does not have a public policy that guarantees access to social programs for children and adolescents and their parents in strengthening parental skills, repairing institutional violence, repairing sexual abuse and abuse, rehabilitation for addictions and reparation for sexual exploitation, therapeutic care for the addiction, to the preventive attention, child and youth suicide, in another way that is not through referral to programs of the System of protection of the state by a Judge; for which the child must have a measure of protection received Judicially.
7.0 LAW No 20,526 (AUGUST 2011) MATTERS: SEXUAL HARASSMENT TO MINORS; CHILD PORNOGRAPHY; POSSESSION OF PORNOGRAPHIC MATERIAL; PUBLIC MINISTRY; COURTS OF LOCAL POLICE; POLICE FROM CHILE; PENAL CODE; CRIMINAL PROCEDURE CODE; LAW NO. 20,084; LAW NO. 20.526 / LAW N ° 20.207 (AUGUST 2007) SUBJECTS: PRESCRIPTION; SEXUAL OFFENSES; MINORS LAW No 20,230 (DECEMBER 2007), SUBJECTS: SEXUAL OFFENSES; CORRUPTION OF MINORS.
7.1 Amendment of the Torture Law and include public officers for the purposes of the recently enacted law of torture, to all agents, operators, executors of public policies and hired on time and to fees that receive income with funds fiscal.
7.2 Approval in equality and retroactively the statute of limitations for sexual crimes for both perpetrators and concealers, law currently under parliamentary discussion, Senate Chamber.
7.3 Creation with state funds of an independent citizen body of the State of Memory Truth and Reparation of sexual crimes committed to children, adolescents students in Chile. Among its functions the monitoring of child sexual abuse to know the number of complaints, investigations, formalizations, convictions for an Observatory of sexual abuse that identifies characteristics of pedophiles and victims coordinated with the legal medical service, prosecutor’s office and the judiciary.
7.4 Include abuse and rape as a health problem in a list of explicit health conditions, GES for timely detection and repair with access to individual and family psychotherapy; this with drug application control and legal support by the prosecution or family court that considers a sexual abuse prevention program in both health systems and education. (21.85 -121.96 -121.98 )
Precisions: Chile introduced positive modifications to different legal bodies in order to combat sexual harassment against children, child pornography and possession of pornographic material. It establishes sanctions to whoever sends, delivers or exhibits images or recordings of oneself or of a minor of 14 years of age, with sexual significance, to procure excitement, through any medium, even from a distance, through electronic methods. If the victim is a minor but over 14 years of age, to apply this penalty must also be applied force or intimidation; or have taken advantage of the victim.
It established positively that the prescription in sexual crimes against minors, will be computed from the day they reach the age of majority.
That it increases from 12 to 14 years the age range of the victims of the crime of rape, in respect of which the benefit of the conditional freedom for the perpetrator is not applicable, but until he has fulfilled, at least, two-thirds of the penalty. The risk of irreparable damage in which children are found and adolescents are evidenced.
Through consultation Transparencia a Superintendencia de Educación, the following are evident:
a) 1180 complaints to the Superintendency of Education for behaviors of sexual connotation, of which
b) 589 are sexual assaults: rape and sexual abuse crimes, rape, corruption of minors.
Through consultation Transparency to JUNJI12 are evident:
494 complaints of rape and / or sexual abuse where the perpetrators are officials of the garden where
the children attend (2007-2015)
During 2014, two organisms of the United Nations (UN), issued forceful reports on the subject against the Holy See.
On the one hand, the Committee against Torture of the UN, in its recommendations report (CAT / c / vat / co / 1) warned that abuses committed against children and adolescents (sexual, physical and psychological) were constitutive of torture. while the Committee on the rights of the child, stated in a strong report issued that same year (crc / c / vat / co / 2), on the existence of a mechanism of systematic concealment of pedophiles worldwide regulated by canon law and operating in the Vatican. The situation of risk of irreparable damage has been amply proven by the social complaints of abused victims who were raped and sexually abused by various priests of the ecclesiastical hierarchy as children; in their qualities students have been sexually enslaved and tortured official letter No. 015 / P 0599 transparency law.
The disclosure through the extensive accounts of the victims of pedophilia, rape and sexual abuse inside educational establishments administered by the Catholic Church in Chile, which for decades recruits children in impoverished areas13 offering them entrance to the Seminary for formation and priesthood. Church that administers educational establishments subsidized by the state; she is the executor of the state protection system, maintaining 6 bishoprics and 1 archbishoprics accused mostly of sexual crimes and cover-ups of perpetrators of children institutionalized in protection centers; the stories of the victims, today adults give an account of systematic ecclesiastical actions that also affect seminarians, sexual slavery of children being promoted through torture and extortion, the Church applying a politics of terror organized and systematically towards victims and declarants of sexual violations and abuses; being institutionalized through the network of pedophiles of the Church; crimes against children are modus operandis that are replicated in all countries where victims have declared.
8.0 ATTENTION TO THE DROGADICTION AND ADDICTION OF CHILDREN THROUGH SEP LAW FOR STUDENTS, STUDENTS IN STREET SITUATION AND PRIVATES OF FREEDOM.
8.1 That the State finance a Plan with a short Agenda to eradicate pockets of sale of drugs within 5 km of the educational establishments. That in the Mental Health Law, it is clearly established and as a chapter, the dependence on drugs and their detoxification care; previous step to your treatment.
8.2 Grant 7% of the national budget for Regional care and beds to detoxify, at least in the provincial headwaters of the regions of the country.
8.3 Installation of mental health centers with financing according to the number of inhabitants under 18 years of age to provide multidisciplinary care in psychological care in each city with more than 30,000 inhabitants and which has a full complement of Mental Health professionals for children and adolescents.
8.4 Considering that the Court of Appeals, involves a judicial development that could delay the measures that promote a treatment in pursuit of recovery, avoiding side effects such as criminal acts. Incorporation of one more person to the professional opinion of the assistance service that recommends hospitalization. 9.5 Implementation of special long and medium stay treatment units (121.24- 121.33-121.34- 121.35-121.36- 121.39- 121.40- 121.58-121.65- 121.98).