Observaciones Finales del Comité de Derechos del Niño al informe de Chile (en inglés)

Aún no están en español las Observaciones Finales del Comité de Derechos del Niño de Naciones Unidas al informe que presentó el mes pasado el estado de Chile. Sólo está disponible la versión oficial en inglés que dejo aquí.

Destaco los siguientes párrafos:

7.         The Committee recommends that the State party take all necessary measures to address its previous recommendations of 2007 (CRC/C/CHL/CO/3) that have not been implemented or not sufficiently implemented and, in particular, those related to the adoption of a law for the comprehensive protection of the rights of children (para. 8), data collection (para. 20), and allocation of resources (para. 17).

Legislation

8.         The Committee welcomes the several legislative measures taken to advance children’s rights and the information provided that a law for the comprehensive protection of the rights of children is submitted to the Parliament. However, it is concerned that the Juvenile Act of 1967 has a tutelary approach which is incompatible with an appropriate legal framework recognizing the rights and guarantees of all children. It is also concerned that the 2005 and 2012 attempts to change this law were unsuccessful. 

9.         Recalling its previous recommendation (CRC/C/CHL/CO/3 para. 8), the Committee recommends that the State party promptly complete the process of legislative reform and enact a law for the comprehensive protection of children in conformity with the Convention on the Rights of the Child.

29. (...) (b)       Review law no. 205004 (2011) to recognize and guarantee children’s right to direct participation in associations and in public administration matters;

35. (...) The Committee recommends that the State party take the necessary legislative, policy and administrative measures to:

(a)        Respect the right to identity of indigenous children in accordance with their culture; 

(b)       Recognize the right to identity of LGBTI children, including the gender identity of transgender children;

47.       The Committee recommends that the State party:

(a)        Enact legislation to criminalize sexual offences, including sexual exploitation, against children, and define it as imprescriptible;

(b)       Ensure that cases of sexual abuse of children, including by members of the Catholic Clergy, are effectively investigated and prosecuted;

55.       The Committee, recalling its previous recommendation (CRC/C/CHL/CO/3 para. 45), recommends that the State party:

(a)        Promote foster care as a form of alternative care and ensure that institutionalization be used only as a measure of last resort, taking into account the best interests of the child;

(b)       Ensure adequate safeguards and clear criteria, based on the needs as well as best interests of the child, for determining whether a child should be placed in alternative care;

(c)        Provide adequate assistance to parents while their child is in care with a view to enabling them to take care of the child again, when in the child’s best interests;

(d)       Ensure that children can have contact with their parents while in care, unless it is not in their best interests;

(e)       Ensure periodic review of the placement of children in foster care and institutions, and monitor the quality of care therein, including by providing accessible and child-friendly channels for reporting, monitoring and remedying maltreatment of children;

(f)        Take the necessary measures to prevent violence against children in foster care and institutions and stop its re-occurrence;

(g)        Ensure that adequate human, technical and financial resources are allocated to alternative care centres and relevant child protection services, in order to facilitate the rehabilitation and social reintegration of children resident therein to the greatest extent possible;

80.       Taking into account the Committee’s general comment No. 11 (2009) on indigenous children and their rights under the Convention and recalling its previous recommendation (CRC/C/CHL/CO/3 para. 74), the Committee urges the State party to:

(a)        Recognize indigenous people and their rights in the new Constitution;

(b)       Integrate an intercultural approach in child policies and standards;

(c)        Strengthen its efforts to ensure that all indigenous children have access to health, education and basic social services, without discrimination;

(d)       Take immediate steps to stop all violence by the police against indigenous children and their families including in the context of development activities;

(e)       Ensure full compliance with article 1, paragraph 2 of the anti-terrorism law No. 20519 which prohibits its use against children; 

(f)        Promptly investigate and prosecute all cases of violence by police officers against indigenous children.

86.       In the light of its general comment No. 10 (2007) on children’s rights in juvenile justice, the Committee urges the State party to bring its juvenile justice system fully into line with the Convention and other relevant standards. In particular, the Committee urges the State party to:

(a)        Establish a separate juvenile justice system with specialized judges, prosecutors and defence attorneys and ensure that all law officials receive appropriate education and training; and develop and implement protocols and orientation criteria to law officials to ensure consistency in the application of punitive measures;

(b)       Ensure that prosecutors and judges duly take in consideration alternative measures to detention, such as diversion, probation, mediation, counselling, or community service and only consider detention as last resort and for the shortest possible period of time and that it is reviewed on a regular basis with a view to withdrawing it;

(c)        Review existing pre-trial precautionary measures to ensure that children are not exposed to lengthy pre-trial detention periods. Ensure that reduced sentences do not constitute a measure of pressure for children to recognize their responsibility to avoid burdensome judicial processes;

(d)       Improve the infrastructure of detention centres to ensure adequate security, dignity and privacy to children, as well as access to health services, education and professional training, taking into account their particular gender needs;

(e)       Establish independent, confidential, child-friendly and child-sensitive mechanisms for children to report human rights violations, in particular when deprived of their liberty;