Experts of the Committee on the Rights of the Child commend Chile for its "My Lawyer" programme for children, ask about violent responses to child protests and the situation of children with disabilities

The Committee on the Rights of the Child today concluded its consideration of the combined fifth and sixth periodic report of Chile, with Committee Experts commending Chile on the “My Lawyer” programme for children, and raising questions about violent responses to child protests in 2019 and the situation of children with disabilities. 
  
A Committee Expert commended Chile on the “My Lawyer” programme, calling it fantastic, while asking further questions about the appeals process of the programme.   
  
Clarence Nelson, Committee Expert and Coordinator of the Country Taskforce for Chile, recalled an example where carabineros were called on to break up a peaceful protest held by children in front of their school in 2019.  This was the legacy of the previous administration, and Mr. Nelson expressed hope that the new Government would establish a better legacy regarding children’s rights.  What punishments had the State implemented for the carabineros who reacted violently to the child protests.  Another Expert said that more than 800 children and adolescents had been direct victims of repression, arbitrary and illegal detentions, ill-treatment, torture, sexual abuse and rape.   
  
Mr. Nelson welcomed programmes supporting children with disabilities.  Was there a national plan on supporting children with disabilities?  Did the State intend to improve data collection regarding children with disabilities?  What progress had been made on a draft law against discrimination of children with disabilities?  Were children with disabilities placed in residential care institutions?   
  
On the topic of child protests, the delegation deeply lamented the response of the State to the protests of children.  The State had a commitment to the victims, and had implemented a programme for providing reparation for these victims.  Psychological support had been provided for 25 children.  Guidelines for how carabineros dealt with protests had been drafted.   
  
On children with disabilities, the delegation said there was no specific programme for these children and this remained an issue for Chile.  Chile was currently undertaking data collection through a national survey on disabilities and dependencies, focusing on their prevalence in the country.  The State would be financing teams to provide educational support for persons with disabilities.  Chile’s specialised protection system allowed for specific specialised facilities for children with severe disabilities, with other programmes available for children with non-severe disabilities.  More than 700 children with disabilities were participating in such programmes.   
  
Introducing the report, Jeanette Vega, Minister of Social Development and Family of Chile and head of the delegation, said recognition of children and adolescents as subjects of rights had been an arduous path which had involved overcoming obstacles and cultural practices rooted in society.  A law creating a system of guarantees and comprehensive protection of the rights of children and adolescents entered into force on 15 March this year.  This law mandated institutions to work in a coordinated manner to ensure that no child was discriminated against in Chile for any reason or circumstance.  This law was the last in a series of measures for protecting the rights of children introduced in recent years.   
  
Ms. Vega said this dialogue coincided with a change of Government in Chile.  President Gabriel Boric Font had a strong commitment to protecting the rights of children and adolescents to participation and to be protected, and to providing the necessary conditions for their development.  Important challenges remained but Chile reaffirmed its commitment to continue to promote the human rights of children and adolescents, leaving no one behind. 
  
In concluding remarks, Luis Ernesto Pedernera Reyna, Member of the Committee Taskforce for Chile, said the challenges in Chile were significant, including an outstanding debt to the children which needed to be paid.  He thanked the delegation for the honest and fruitful exchange.  He noted the young age of the members of the delegation and their desire to bring about change, which would be the foundation of the work being addressed ahead.   
  
Ms. Vega said over the past two days, progress had been shared with the Committee and visibility had been brought to the challenges which lay ahead.  Measures including the repatriation road map to the victims of the 2019 social unrest, including children and adolescents, were part of the State’s commitment to children and adolescents in Chile.  She said Chile would continue to make progress.     
  
Mikiko Otani, Committee Chair, thanked the Minister for the dialogue and hoped that the discussions over the past two days and the Committee’s recommendations would help Chile to better implement the Convention.  
  
The delegation of Chile consisted of representatives from the Ministry of Social Development and Family; Supreme Court; National Congress; Ministry of Health; Ministry of the Public; Ministry of Foreign Affairs; Ministry of the Interior and Public Security; and the Permanent Mission of Chile to the United Nations Office at Geneva. 
  
The Committee will issue its concluding observations on the report of Chile at the end of its ninetieth session on 3 June.  Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpage.  Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here.   
  
The Committee will next meet in public on Friday, 3 June at 5 p.m. to close its ninetieth session.  

Report 

The Committee has before it the combined sixth and seventh periodic report of Chile (CRC/C/CHL/6-7). 
  
Presentation of Report 

JEANETTE VEGA, Minister of Social Development and Family of Chile and head of the delegation, said that in 1990, Chile had ratified the Convention on the Rights of the Child, and since then progress had been made in legislation, institutions and policies to ensure the full exercise of the rights of children and adolescents.   
Recognition of children and adolescents as subjects of rights had been an arduous path which had involved overcoming obstacles and cultural practices rooted in society.  Respect for international law, the promotion of democracy and respect for human rights were fundamental pillars of Chile's foreign policy.   
  
A law creating a system of guarantees and comprehensive protection of the rights of children and adolescents entered into force on 15 March this year.  This law mandated institutions to work in a coordinated manner to ensure that no child was discriminated against in Chile for any reason or circumstance.  This law was the last in a series of measures for protecting the rights of children introduced in recent years.  In January 2018, a law was approved that created the Under-Secretariat for Children.  In the same year, the Office of the Ombudsman for the Rights of the Child became operational.  This Office was an autonomous body for supervision that had played a fundamental role in raising awareness and protecting children.  
  
In 2021, the National Specialised Protection Service was created as part of a reform of the previous National Service for Minors.  This new Service aimed to harmonise the State’s fragmented interventions for children.  A law that penalised the mistreatment of children and adolescents was also enacted in 2017.  Further, a specialised legal representation programme was set up for children and adolescents under the care of the State, and a bill that penalised commercial sexual exploitation of children and adolescents was under discussion. 
  
An important advance was the strengthening of a network of foster families, allowing for the deinstitutionalisation of hundreds of children.  For the first time there were more children and adolescents in foster families than those who were in specialised protection residences.  The Government had adopted on 4 May a bill that raised the minimum age for marriage from 16 to 18. 
  
This dialogue coincided with a change of Government in Chile.  President Gabriel Boric Font had a strong commitment to protecting children and adolescents’ rights to participation and to be protected, and to providing the necessary conditions for their development.  Important challenges remained but Chile reaffirmed its commitment to continuing to promote the human rights of children and adolescents, leaving no one behind. 
  
DIEGO SIMPÉRTIGUE, Minister of the Supreme Court of Chile, said that, in order to establish guidelines for institutional transformation toward the protection of children’s rights, the Supreme Court adopted in December 2020 the policy for the rights of children and adolescents.  This instrument called for the implementation of a series of actions in the fields of data and statistics, human resources and infrastructure, participation of children, inter-institutional activities, internal regulations and institutions. 
Along with this new framework, the judiciary had made progress in institutions necessary to respecting, protecting, and guaranteeing the rights of children and adolescents.  Courses and training activities had been introduced within the Judicial Academy for developing skills and knowledge fundamental to guaranteeing true access to justice for children and adolescents.   
  
MAITE ORSINI, Deputy of the National Congress of Chile, said that the Convention had influenced Chilean politics, institutions, and the perspectives that Chilean society had on childhood and adolescence.  The Government had made significant progress in reducing child poverty, and had established the Office of the Ombudsman for Children, the National Service for the Specialised Protection of Children and Adolescents and the National Service for Youth Social Reintegration.   
The Government faced great challenges, such as improving the situation of children belonging to the country's indigenous communities and that of migrant children, who faced the risk of their rights being violated daily. 
  
Questions by Committee Experts   
  
CLARENCE NELSON, Committee Expert and Coordinator of the Country Taskforce for Chile, said that he was heartened to see the high-powered Chilean delegation attending in person.  When it came to child rights issues, Chile had many problems.  There had not been much change in child’s rights in Chile since the Committee’s last intervention.  One example had been carabineros called on to break up a peaceful protest held by children in front of their school.  This was the legacy of the previous administration, and Mr. Nelson expressed hope that the new Government would establish a better legacy regarding children’s rights. 
  
A law had been passed on children’s rights in March of this year.  Implementing this law would be a challenge.  What steps would be taken to implement this law?  What progress had been made on Constitutional reforms?  Draft reforms included positive revisions for protecting children’s rights.  It was not clear what portion of the budget was devoted to children’s rights.  Pandemics and other crises affected Governments’ spending on children.  How would the Chilean Government secure spending on children in the context of various global crises? 
  
There was data lacking in areas such as mental health and child justice.  How would the Government address these areas?  What measures would be taken to increase the funding of independent monitoring organizations?  What legislative framework would be enacted to ensure the accountability of businesses regarding children’s rights?  Were there any studies on the impact of business projects on the environment?  How was the “best interests” principle applied in the judicial setting?  Was there any legislation that addressed the “best interests” principle? 
  
Another Committee Expert said that the law defined a child in Chile as a person under the age of 18.  Marriage was allowed for children over the age of 16 with the permission of an adult.  Did the Government plan to rescind this legislative provision? 
  
Indigenous children, children with disabilities, and lesbian, gay, bisexual, transgender, intersex and queer children faced discrimination and barriers to accessing services.  What was being done to aid these groups’ access to services?  What information had been gathered based on identity checks for these children?  What measures had been implemented to prevent non-reversible surgery for intersex children?  What support was provided for children in asylum seeking procedures? 
  
The Expert asked if measures had been taken to promote the participation of children in the reform of Chile’s Constitution, as well as in the development of health and family affairs legislation?  The Government had started to reform the National Service for Minors, and a service of children in conflict with the law.  Did the Government have guarantees to oversee the treatment of children in the judicial system?    
  
The Government had closed 11 residential homes for children.  What had been done to support foster families and affected children?  These residential homes were run by the State, and represented only a small percentage of total residential centres.  Did reform measures not affect private residential centres?  Children and adolescents deprived of their families were the subject of human rights abuses.  Violence and sexual exploitation of children occurred in alternative care centres.  What had the State done to address these issues?  Was there a mechanism to provide reparation to children who were victims of abuse in these institutions? 
  
Another Committee Expert said that the Committee was not examining the performance of a single Government of Chile, but all Chilean Governments.  The Expert paid tribute to the activity of Chilean high school students.  Their creativity and energic protects, such as jumping over the subway barriers to protest the increase in the price of tickets, had led to the current reform of the Constitution. 
  
What punishments had the State implemented for carabineros who reacted violently to child protests in 2019?  More than 800 children and adolescents had been direct victims of repression, arbitrary and illegal detentions, ill-treatment, torture, sexual abuse and rape.  What had been done to decrease processing times? 
  
Carabineros had carried out over 80,000 selective practices of control and harassment of children and adolescents in 2018.  Did the Government plan to eliminate this practice?  A law allowed for the immediate expulsion of students who participated in protests.  Did the new administration intend to maintain this law? 
  
What measures had been taken to investigate acts of violence against children in the National Minors’ Service (SENAME)?  What psychological and pecuniary reparation measures had been implemented for victims, and what measures had been taken to ensure non-repetition? 
  
Why had carabineros adopted similar violent methods against high school students’ peaceful protests held in the past few days?  Would the public ministry and the justice system continue to tolerate these methods?  What specific instructions had been given to the police to protect peaceful student demonstrations, if any, and had they been complied with?  What concrete actions had the State taken to ensure quality education?  Pandemic measures had led to an increase in mental health problems for adolescents.  What concrete actions had the State adopted to support affected students and to prevent peer violence and bullying? 
  
The Longitudinal Early Childhood Survey found that 6 out of 10 caregivers used violent discipline methods at home.  Did the State have a roadmap and resources to eradicate physical and humiliating punishment in all environments? 
  
Surgical and other unnecessary procedures were performed on intersex children without their informed consent.  What criteria or protocols existed to guarantee the informed consent of children and adolescents in interventions that affected their gender?  What measures did the State provide to support and guide families with intersex children? 
  
What measures had been taken to prevent the forced sterilization of girls with disabilities? 
  
Responses by the Delegation 
  
The delegation said that before June of next year, a national consultative council for youth would be held.  A study had found that around 24 per cent of total budget spending was devoted to children.  In the case of crises, the budget for children would be the last to be touched.  The judiciary operated based on the best interests of the child. 
  
There was a draft law being developed that prevented gender alignment surgery for intersex children. 
  
A new law set forth a series of guidelines guaranteeing the rights of children to alternative care.  The law on alternative care focused on promoting foster families over residential care centres.  A special body for oversight and monitoring residential care centres had been established.  Of the 11 State-run centres, four had been closed, and a rights-based approach had been adopted in all centres, including private centres.  Private centres were also run under a model that promoted family life.  Legislation that created a new service for social reinsertion was also being developed. 
  
A draft law on marriage had been developed that brought the legal age of marriage up to 18 in all circumstances, and it would be adopted soon.  In 2018, a law was adopted that recognised the right to gender identity for lesbian, gay, bisexual, transgender, intersex plus persons. 
  
The revised Constitution recognised children and adolescents as rights holders.  Childhood centres had been involved in drafting the revised Constitution.  The voting rights of children was also addressed in the revised Constitution, and promoted the participation of children. 
  
There was a case where it was found that adolescents in a State institution were sexually abused, and an inquest into this case was carried out in 2021.  The inquest found that the State had not addressed criminal networks who targeted these institutions.  The inquiry had made recommendations to amend legislation to prevent similar incidents from occurring. 
  
In 2017, legislation was enacted to punish persons with a duty of care who abused children.  New regulations had also been implemented to improve the alimony system and create a national register for information on parents who were late on making alimony payments.  Persons on this register could have applications for passports and drivers’ licences denied.   
  
Chile had many flaws, but the State had made many reforms to remedy weaknesses in its justice system.  The State needed to improve training of judges regarding children’s rights.  There were no specialised judges for adolescents.  This was an area that Chile needed to address promptly.  The judicial system was guided by the principle of the best interests of the child.   
  
Identification checks could not be carried out on children, except for children over 14 if there was a court order allowing checks.  Guidelines for how carabineros dealt with protests had been drafted. 
  
Several measures were being implemented to protect the rights of migrant children.  These included legislation defining the best interests of migrant children.  They had access to services and public education on an equal basis with nationals.  Special visas were granted for family reunification.   
  
The State had developed a plan for providing reparation to families affected by the violent actions of carabineros.  It had also developed training programmes for police on the human rights of children.  Other reform programmes were also in place, aiming to improve oversight and monitoring of police activities. 
  
To strengthen investigations into the abuse of children’s rights, the Prosecutor’s Office had strengthened its links with human rights bodies and civil society.  There had been 16 convictions of abuse of children so far this year.  Guidelines for the investigation of torture and ill-treatment of adolescents by public officials had been developed. 
  
The Prosecutor’s Office had implemented special investigators for crimes against children in residential care facilities and children in the care of the State.  Over 300 investigations into the latter had been carried out.   
  
The delegation deeply lamented the response of the State to the protests of children.  The State had a commitment to the victims, and had implemented a programme for providing reparation for these victims.  Psychological support had been provided for 25 children. 
  
Strategies had been implemented to allow children to return to educational facilities after they were closed in response to the pandemic.  Chile had universal health care and it was working on providing access to health care for migrants.  Chile was also working on providing gender identity support for children and adolescents.  There were programmes in place to protect the rights of children with disabilities.  The law expressly forbade the forced sterilisation of children, and the State would implement that law with its full strength.  There was a need to establish measures to address surgery affecting intersex children.   
  
Questions by Committee Experts 
  
A Committee Expert expressed thanks for the frank nature of the delegation’s replies.  What incidents had been detected by the police oversight unit?  The Committee had received testimonies from children under 14 years of age who had been subjected to identification checks and detention for eight hours by the police.  How much control over these measures did the oversight body have?  The Expert called on the State party to prohibit this practice.  How many investigations of sexual abuse by public officials had been carried out, and how many people had been indicted? 
  
CLARENCE NELSON, Committee Expert and Coordinator of the Country Taskforce for Chile, asked how Chile intended to protect the budget for children and children’s programmes?  In what areas of the legal system were the best interests of the child applied? 
  
Another Committee Expert thanked the delegation for its sincerity and honesty.  The Committee had undertaken an investigation into violations against children carried out by workers of the National Minors’ Service (SENAME).  The Expert welcomed the new institutions being established to replace this service.  What training was being provided for staff of oversight bodies? 
  
There were now several small residential centres for juveniles rather than large centres.  However, these centres did not solve the problem of institutionalisation.  What measures were in place to prevent the abuse of children in these institutions? 
  
One Committee Expert asked what the Parliament was doing in response to violence against children’s protests.  Which Ministry was responsible for the provision of alternative care?  There were still over 10,000 children in these institutions.  Chile had the financial resources to provide better support for these children.  Why did health personnel demand to be accompanied by the police when attending to the health of children in institutions? 
  
The process to adopt the draft law on child marriage had come to a standstill and no progress had been made since 2015.  What measures were in place to achieve progress on this bill? 
  
CLARENCE NELSON, Committee Expert and Coordinator of the Country Taskforce for Chile, welcomed programmes supporting children with disabilities.  Was there a national plan on supporting children with disabilities?  Did the State intend to improve data collection regarding children with disabilities?  What progress had been made on a draft law against discrimination of children with disabilities?  Were children with disabilities placed in residential care institutions?  Were there people trained to provide support for children with disabilities in these facilities? 
  
Was there a 24-hour telephone line providing mental health support for adolescents?  What measures were in place to prevent youth suicide?  Had a national strategy on preventing drug abuse been implemented? 
  
There was a severe drought problem in rural areas.  What measures were in place to tackle this problem? 
  
What measures were in place to address child obesity and regulate marketing of unhealthy foods to children? 
  
What measures would the State party be taking to prevent future environmental damage?  What was being done to address the smog problem in Santiago?  What progress had been made on implementing renewable energy and closing down coal-fired power plants? 
  
The Government had suspended the democratic visa extended to Venezuelans, forcing affected children to live in camps.  What was being done to address this issue?  What concrete plans were in place to provide health care for migrant children?  What steps was the Government taking to prevent stigmatisation of migrants? 
  
Another Expert expressed the Committee’s appreciation for the fundamental reform of Chile’s education system.  What measures were in place to monitor this reform?  The Expert asked the delegation to explain the system of school admission.  Sixty-five per cent of children attended private schools.  What was the reason for parents’ preference for private education?  The process of drafting the education policy was highly inclusive.  Had students been involved in the drafting of this policy, and did it reflect their views expressed during student protests?  What measures were in place to support children with disabilities’ access to education?  More than 50 per cent of such children were not enrolled in formal schooling.  Did the national education strategy consider a new system of funding public schools?  The current system did not appear to be working effectively. 
  
Why was public preschool education only provided for children belonging to vulnerable groups?  What measures were in place to keep children in schools in the context of the pandemic?  What progress had been made on adopting a draft bill on sexual education? 
  
Could the delegation provide more information on the legislation criminalising the sale of children?  What measures were in place to prevent the sale and dispersal of child pornography online?  What measures were in place to prevent impunity for sexual offenders?  Was there a policy for supporting child victims of trafficking? 
  
Another Committee Expert asked about measures in place to address obesity and malnutrition in State institutions. 
  
Some doctors and institutions refused to perform abortions.  What support did the State provide for girls seeking abortions? 
  
Organised crime targeted children in institutions.  What steps had been taken to address sexual abuse in institutions, particularly religious institutions? 
  
Video recording of witnesses had not been carried out under COVID-19 measures.  What steps were being taken to reimplement this good practice that protected the rights of child witnesses? 
  
Indigenous children were victims of structural discrimination.  One example was the seven-year-old daughter of Camilo Catrillanca, a Mapuche who was executed by carabineros, who had been arrested while attending the reading of the sentence on the execution of her father, thrown to the floor and detained with extreme violence.  What concrete actions had the State of Chile taken to eradicate common and institutional violence that affected Mapuche children and adolescents?  What steps had the State taken to improve the living conditions of the Mapuche, and prevent violence against them by public officials?  
  
Responses by the Delegation 

The delegation spoke about steps taken to implement the law on safeguards, saying that 124 monitoring operations had been carried out, out of which 67 had yielded a negative outcome.  Fifty-seven were positive inspections.  Subsequent to these operations, 28 disciplinary procedures had been carried out to date.  Chile had made it a priority not to reduce services aimed at children; these services had been spared austerity measures and continued to operate normally.  A standard within the 2022 budget law set forth instructions on general expenditure, which needed to report how much was being spent on childhood, to inform ministries, and see where the budget was being spent.   
  
Once the comprehensive guarantee system was up and running, there would be three levels of protection for children.  These included universal protection; protection of rights; and specialised protection.  The goal was to ensure that universal protection for children worked so well that the alternative care was not required.  Regarding the child marriage bill, there was now a fast-track system which meant progress on the bill had been made.  The delegation said there was no updated data on surgeries performed on intersex children.   
  
The mental health of children in Chile was particularly affected by the pandemic.  A web page for children had been set up, as well as citizen communication channels, and the staff coverage of telephone support had been increased.  A programme had been launched to provide treatment for boys, girls and adolescents who were drug addicts.  The programme was free and implemented in public and private health centres nationwide.  The intersectoral system was being implemented, with an emphasis on mental health.  This framework aimed to meet the mental and wellbeing needs of young people, and sought to prevent mental health issues which could arise.   
  
Regarding the health system and the difficulties in providing specialised protection, the Ministry of Health had put together a document for the directors of health services across the country.  This document instructed those health services not to deny any requests for a mental health intervention.  While this had not been enough to implement procedural change, Chile was amending the health system to improve their responses and raise the standards of health services provided. 
  
The law on safeguards enshrined due process and provided that any child had a right to ensure that their rights were respected through the judicial process, including through legal representation.  The State would provide programmes to phase in the protection of entitlement to independent, legal, court appointed lawyers to children, to allow them to enjoy protection measures.  A programme called “My Lawyer” saw the appointment of specialised lawyers to represent children in court cases, whether they were in alternative care or residential placements.  Children were given access to a range of professionals including lawyers, psychologists, and social workers.  The President of Chile had adopted a programme on truth and reparation to establish what happened regarding the victims of institutions in Chile.    
  
Speaking about the sexual exploitation and abuse of minors, the delegation said that a prosecutor had been appointed to address cases of violence against children across the State.  In the cases of exploitation, the victims were not viewed as victims, and so often they did not file complaints, or withdrew from the complaints process.  They were often not supported by people in their immediate environment.  Chile did not have a specialised network of staff to obtain this information, which was one of the key challenges.  There was also not enough specialised law enforcement to carry out prompt investigations on this topic.  Bearing in mind these factors, the sub-committee on sexual exploitation was developed, in order to establish teams nationwide that would act within a standardised protocol.   
  
JEANETTE VEGA, Minister of Social Development and Family of Chile and head of the delegation, said that a public policy was being created which would provide care for those who needed it; including children, the elderly, and persons with disabilities, as well as those who provided care for them.  In Chile there were several databases which covered children, including social housing data and data on education.  The problem was that the data was fragmented, and not connected through a system.  The challenge was to create a system which would streamline this data.  A tender was being issued, and Chile would be working with the World Bank, with the overall being interoperability and a single, one-stop-shop for all those seeking the data in one location.  There were no plans to eliminate the Ombudsperson’s office; on the contrary the budget for this would be increased. 
  
The delegation said there was no specific programme for children with disabilities, and this remained an issue for Chile.  Chile was currently undertaking data collection through a national survey on disabilities and dependencies, focusing on their prevalence in the country.  The State would be financing teams to provide educational support for persons with disabilities.  Chile’s specialised protection system allowed for specific specialised facilities for children with severe disabilities.  There were other programmes available for children with non-severe disabilities.  More than 700 children with disabilities were participating in such programmes.   
  
Chile had recognised the human rights for access to water and sanitation and was working intensely to fill the gaps in the areas where people did not have access to safe and treated water.  A new legal framework had been in place for one month, and a national rural potable programme benefitted many.  This issue had been a challenge for Chile; it needed to be determined how many children had been affected by the hydrological crisis, to establish solutions for these issues.  
  
This year, a new law entered into force, recognising migrant children and adolescents as rights holders who needed protection.  The implementation of this law remained a challenge, and Chile needed to make a great deal more progress.   
  
In Chile, there were two different modalities when it came to identification checks.  There were preventative identification checks which could be used for any individual and could not last longer than one hour.  Investigative identification checks were different; this was a more intrusive procedure and looked at a link between the individual being checked, and criminal activity.  Any criminal over 14 years of age could be subjected to this check.  Experts had expressed disagreement with preventative identification checks, saying these did not reduce crime and could lead to abuses, particularly in the case of minors.  In 2021, a draft law was submitted which looked at the elimination of the preventative identification checks; it was in the first round of legislature. 
  
Regarding police violence, the delegation said that specific legislative proposals in this area had not yet been looked at, despite national and international recommendations.  The draft law which would prohibit the excessive use of force, forced stripping and excessive frisking, among others, had not been passed.  A specialised committee had been established to address these issues, and Chile’s President had recently announced a special unit for compensation for victims of human rights violations at the hand of State agents.   
  
In 2017, a law had entered into force which legalised the voluntary interruption of pregnancy, ensuring access to health care services for these women.  However, a report found that 49 per cent of the obstetrician-gynaecologists who should have been undertaking these procedures objected, even under the premises of rape, which clearly amounted to limitation when it came to abortion.  The same report found that many girls did not receive the information and advice on abortions which they needed.  This was despite the law stating that the health service providers must train their staff in these matters, namely providing an abortion or referring the girl to where she needed to go.  A bill was submitted to decriminalise abortion, however, it was rejected.   
  
The delegation said that the State was focusing on complimenting the specialised services through a new service which would create a specialised intervention model, focusing on the needs of the child.  Among other areas, the service would focus on restorative justice and criminal mediation.  The implementation process of the reform of the justice system would follow three stages, and the delegation hoped to receive the support of the Committee, and the cooperation of the United Nations Children’s Fund, to meet the targets set, and improve access to justice for boys and girls.  The second stage of implementation had already begun, with the hope to begin the third phase in June this year.  The challenge remained in consolidating the system nationwide, and including the opinions of children to implement the new public policy. 
  
There was a legal obligation whereby judges were mandated to visit the institutions in their territory at any point, unannounced, at least every six months.  To ensure this obligation was met, a decree was adopted which regulated the oversight of these visits, stating that every judge needed to write a report with the outcomes of the visit.  These reports were then compiled by the follow-up unit and were consolidated in a national report on visits to institutions, which were shared with the relevant authorities and published.  These reports were used by local observation centres that worked with the main focal points of the appeals court.  A single public registry system was available which provided a breakdown of each case, allowing for a better dealing of children in institutions. 
  
Mass campaigns had been launched to educate the public, and prohibit the sale of certain unhealthy foods in schools.  The National Food Programme provided information to breast-feeding mothers, and a food programme had been implemented in kindergartens, to ensure each child had food.  During the COVID-19 pandemic, this programme had distributed food to homes, and in conjunction with the United Nations Children’s Fund, distributed food to those in the north of the country, with the aim of also providing to camps.   
  
A telephone line called Health and Response was in place, available 24/7, for children who were in a crisis.  Fortunately, suicide rates in Chile had fallen, and a specific strategy targeting the most significant factors was implemented in schools.  A programme “choose to live without drugs” was based on work in families, schools and communities and was deployed nationwide.  A survey had been conducted with more than 200 children, to develop a strategy for the next 10 years in this area.  Chile aimed to have 70 per cent renewable energy by 2050, and a plan was underway to close coal plants by 2030.   
  
JEANETTE VEGA, Minister of Social Development and Family of Chile and head of the delegation, said the subsidy for low-income families was an emergency subsidy, to support families during the pandemic.  Once the country started going back to normal, the support was interrupted, aside from that provided to women.  A reform of the carabineros was underway, focusing on training programmes and mainstreaming human rights.   
  
Chile recently adopted a plan of action to address issues with indigenous peoples, resting on four pillars, which included dialogue, actions, strengthening of the national commission for indigenous development, and a land development programme.   
  
Chile had begun work with the United Nations Children’s Fund on a centre for children on the move.  For those families that could not be transferred, a programme was available to set up tents in mountains for 300 people.  An additional amount of 15 million dollars had been allocated into the programme for migrants.  All migrant children were guaranteed a right to education, regardless of their migratory status.  Health care facilities were recently installed in border areas to support migrants in these areas.   
  
Questions by Committee Experts 
  
A Committee Expert asked about the questions on education which the delegation said they would present in writing, saying this was not appropriate as they were in a dialogue.  How many children placed in institutions had guardians?  Child protection was too legalised in Chile; courts should be engaged in exceptional cases, but children did not have access to the courts concerning their placement in public care.  Did children have legal aid in Chile?  How many lawyers represented children in the court proceedings?  What was the opinion of lawyers regarding short-term placement of children in institutions which turned into long-term placement?  The Expert understood there was no due process of law in placement cases.  Regarding severe cases of violations, it was understood that girls had been kidnapped from institutions and raped, and then returned there by the courts.  Was this information correct?  
  
Another Committee Expert said that girls who had been abducted and raped were then returned to the place where they were abused.  Why did the judicial system do that?  Were the courts not sensitive to this reality?  The Expert said that the “My Lawyer” programme was fantastic, however, there were concerns around appeals.  Decisions were not appealed which was a due right; why were there no appeals?   
  
Laws were required to govern the carabineros.  The waiting lists of children waiting for mental health care and other services was more than 40,000; why was this so long?  Was it due to the pandemic?  This needed to be resolved quickly.   
  
One Committee Expert inquired about lawyers tasked with supporting children, asking whether they received specialised training on the rights of the child, what type of training, and how long it lasted?  Were the lawyers properly remunerated?  The Expert noted that there were concerns regarding child poverty and domestic violence.  Why could programmes addressing these issues not be continued?  What campaigns were in place?  How could the State ensure that the culture of violence had passed, and that there was a change in mindset when it came to raising children? 
  
Another Committee Expert said there was a risk that the old system for protection was simply transferred to the new system; it was important that the staff did not make mistakes and were duly trained.  How long did the training programme last?  Was it a long-term process which gave rise to change?  What measures were being taken now regarding children who found themselves in massive centres?  How many children were able to be placed in foster families versus the number of children still living in institutions?  Were there plans to address the excessive institutionalisation of children with disabilities? 
  
One Committee Expert inquired about child sexual abuse, asking what happened when a child reported the abuse, and what was the mechanism to preserve that disclosure?  Were there trained forensic interviewers, or were these interviews recorded?  If so, could the recordings be accepted as evidence during court proceedings, or did the child need to reappear in court?  Were there services in place for child victims of abuse, such as trauma focused therapy? 
  
A Committee Expert asked about the registry for alimony; who did alimony go to?  Had the restorative project been launched and what was its status?   
  
Another Committee Expert asked about HIV/AIDS.  Were youth provided with information on how to protect themselves?   

Responses by the Delegation 

Responding to the questions and comments, the delegation said that Chile needed to improve its legal framework, specifically regarding lawyers supporting children in court cases.  There were flaws in this system.  Restorative justice was being introduced as a new line of action.  In the north of the country, the office of the judiciary and the office of the public defender had put in place mediation services for some youth crimes.  Videos recorded the questioning of child victims and these recordings were used in subsequent proceedings.  Children appeared in the court case with special preventative measures, including an expert who acted as a judicial mediator.   Funding had been set aside for victims with a focus on psychological rehabilitation.   
  
The law permitting abortion in cases including risk to the mother and rape was in place; decriminalisation of abortion outside these factors had not been approved.  
  
There was a national programme on HIV/AIDS which had made significant progress on preventing and controlling the virus.  In 2021, 5,000 people were diagnosed with HIV, including 63 children under the age of 15.  The current trend was stable due to strong action.  The prevention culture had been strengthened and the Ministry of Health was working on a national response to HIV/AIDS in conjunction with civil society.  In Chile, fewer than 0.5 per cent of the population had HIV/AIDS while all had access to treatment.   
  
Closing Remarks 
  
LUIS ERNESTO PEDERNERA REYNA, Committee Expert and Member of the Country Taskforce for Chile, thanked the delegation for the honest and fruitful exchange.   The challenges in Chile were significant, including an outstanding debt to the children which needed to be paid.  Chile had an interesting foundation on which to base its work.  Mr. Pedernera Reyna noted the young age of the members of the delegation and their desire to bring about change, which would be the foundation of the work being addressed ahead.   
  
JEANETTE VEGA, Minister of Social Development and Family of Chile and head of the delegation, said over the past two days, progress had been shared with the Committee and visibility had been brought to the challenges which lay ahead.  The administration of Chile was very young, and for the first time there was a young President, and the delegation also was very young and its members were holding highly relevant posts within the country.  Ms. Vega said measures including the repatriation road map to the victims of the 2019 social unrest, including children and adolescents, were part of the State’s commitment to children and adolescents in Chile.  She said Chile would continue to make progress.     
  
MIKIKO OTANI, Committee Chair, thanked the Minister for the dialogue and hoped that the discussions over the past two days and the Committee’s recommendations would help Chile to better implement the Convention.