Chile

In the past, repressive manners were adopted by Chile to address demonstrations by students demanding changes in the education system and detention measures were used abusively. The best interests of the child, based on the UN Convention on the Rights of the Child, is not a cross-cutting consideration in all areas of policymaking. In addition, there are prevailing prejudices and patriarchal structures against girls as well as a society riddled with violence.

The Committee notes as positive the initiatives to strengthen sexual and reproductive health education in the school curriculum, expand the availability of contraceptive methods and the draft law to decriminalize abortion in certain situations. However, the Committee is concerned about the high rate of adolescent pregnancy, the low quality of sexual education programmes and the lack of adherence to protocols by health professionals, which restrict adolescents’ effective access to information and contraceptives.

The Committee welcomes the measures taken by the State party to promote the rights of persons with disabilities. However, it is concerned that public policy still favours the assistance approach and that the National Plan on Disabilities only vaguely mentions children. It is also concerned about the lack of updated and disaggregated data on children with disabilities, the limited availability of inclusive education and occupational training and the insufficient provision of appropriate rehabilitation services for children with disabilities, including mental health care for them and their caregivers. The Committee is further concerned about the cases of mentally disabled and deaf girls being sterilized, despite its prohibition, which affects their reproductive and sexual rights. To improve the situation, the Committee urges Chile to step up its efforts to ensure inclusive education and occupational training for children with disabilities, without discrimination, including through the allocation of the necessary resources, adequate training of professionals and improvement of mobility infrastructure.

The Committee recommends to make use of available knowledge on diagnosis and non-drug approaches to the treatment of ADHD, improve the diagnosis of mental health problems among children, ensure that the relevant health authorities determine the root causes of ADHD in children and take the necessary measures to prevent pressure on children and parents to accept treatment with psychostimulant drugs. Furthermore, it recommends to strengthen measures to address underweight and overweight among children, promote a healthy lifestyle that includes physical activity and take the necessary measures to reduce the pressure of food marketing on children.

Concerning alcohol and drug abuse, the Committee recommends that the State party address the incidence by children by providing them with accurate and objective information and life skills education on preventing substance abuse, including tobacco and alcohol abuse, and develop accessible and youth-friendly drug-dependence treatment and harm-reduction services.

While noting the establishment of the national programme to prevent suicide (2013), the Committee is still concerned at the high suicide rate among adolescents.

The Committee recommends that the State party continue to develop and implement a national plan for disaster prevention and risk management, creating the decentralized structures necessary to promptly and effectively respond to emergencies and disasters, recognize the special vulnerabilities and needs of children and promote coordination between public and private actors. To further improve the situation, Chile should increase children’s awareness and preparedness for climate change and natural disasters by incorporating the topic into the school curriculum and teachers’ training programmes.

The Committee notes the steps taken by industrial companies and extractive industries to increase compliance with human rights standards. However, it is concerned about the lack of a national plan or general regulation on business and human rights that considers the impact of business on children’s rights, and about the limited and ad hoc measures. The Committee recommends to enact legislation prohibiting child labour, including domestic labour.

The Committee is concerned that detention centres are often operated as juvenile prisons, lack programmes specially designed for the rehabilitation and reintegration of children in conflict with the law and do not have the necessary resources to provide basic health care, education and professional training. Also, there is a lack of adequate mechanisms for children to report human rights abuses, in particular when deprived of liberty. Chile should quickly establish a separate juvenile justice system with specialized judges, prosecutors and defence attorneys and ensure that all law officials receive appropriate education and training. Furthermore, the Committee urges Chile to improve the infrastructure of detention centres to ensure adequate security, dignity and privacy to children and access to health services, education and professional training, taking into account their particular needs based on gender.

The Committee is concerned about children born in the territory of the State party being denied birth registration owing to their parents’ irregular migrant status. The Committee urges the State party to take all legislative and administrative measures to ensure that children born in its territory have due access to birth registration, irrespective of their parents’ migrant status.
The Committee notes that the best interests of the child are a fundamental principle in the legal system of the State party and that it is integrated into some laws. However, the Committee is concerned that it does not apply in all areas, including in decisions sentencing parents to long terms of imprisonment, and that the reasoning of the court does not always explain the criteria used for determining the child’s best interests.