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The Minister of Justice, Hernán Larraín announced Monday afternoon the final report of the United Nations Committee on the Rights of the Child with the diagnosis made by two experts, after his visit to a series of Sename centers in January of this year.
The report concludes that "serious and systematic violations" by the State of Chile were committed against children and adolescents (NNA) in their custody and the government showed surprised by the harshness of the language used by the experts . In any case, in its response to the report published by the Ministry of Justice, the government reiterated the commitment of President Sebastián Piñera in favor of his "children first" policy.
In its response, the Government explained that raised by the Committee is based on the records collected during its visit to the centers of metropolitan areas and Valparaíso in January 2018 interviews conducted on this occasion, and the badyzes and conclusions contained in a series of reports on the situation of counterfeit children developed from 2013 by the judiciary, Unicef, the Chamber of Deputies and the National Institute of Human Rights. ;man.
According to the Government, the report makes its diagnosis and recommendations to facts and antecedents before the present government took office and by using an badertive and severe tenor baderting, in summary that in C There have been "serious and systematic violations" of the rights of vulnerable children over the past 40 years, that is, since the creation of Sename in 1979.
He adds that None of the previous reports prepared by the Committee with respect to Chile – in 2007 and 2015 – it had made this type of statement, which is a twist that the document does not develop.
SUMMARY OF CHARGES
In force and in summary, for the Committee, ] The State is responsible for "serious violations of the rights set forth in the Convention" Whereas the residential protection system in Chile resulted in widespread violation of the rights of thousands of children and adolescents under the protection of the state during a
These serious violations would be constituted by "violation of their obligation to respect the rights of children and adolescents during their stay in the residences, the direct administration of the State, which resulted in a revictimization of children by staff".
In addition, " violation of his obligation to protect for failing to provide adequate protection and care to children and adolescents who enter the residential protection system because they were victims of rights violations the necessary care for the rehabilitation and physical and psychological rehabilitation of children and adolescents "
and for" violation of their obligation to enforce the rights of children and adolescents through the absence of effective and timely measures to terminate
In addition, the Committee states that the systematic violations of the rights set forth in the Convention on the Rights of the Child are due to .] "The absence of a comprehensive law for the protection of children based on a human rights perspective."
Adds "the existence and widespread use and continues judicial measures that fail in their purpose of protection and recovery. "
Also," the maintenance of an administrative staff of Sename is not adequate in human and financial resources ". 19659003] and "the inability and / or the willingness of the State to take effective and timely measures even if the situation of the residential protection system is known from official reports executive, judicial and
In its response to the report the Government indicates that, in our country, various representatives and public institutions have produced vulnerable childhood in Chile (including abuse and serious abuse) during The current government has formulated its own diagnosis before baduming its functions and is therefore committed that, if elected, it "places children in first "in the public priorities," says the document of the Ministry of Justice.
This subsequent report of an international body coincides with the motivations that inspired the management of the government of President Sebastián Piñera giving priority to state public policies towards children . It can therefore be said that the diagnosis of the report is fundamentally shared, "he adds.
The latter, he adds," in the sense that there were serious problems children in a vulnerable situation and that these problems are essentially the product of unjustified actions and omissions and the low priority given by public policies to children and adolescents over the years, that have seriously affected the rights of vulnerable children, an issue that is not acceptable. "
" The diagnosis of the report is not entirely new to the state . Indeed, the country – especially since the publication of the Jeldres report in 2013 – was aware of all the situations described in the Committee's report. Proof of this is that the administration of Michelle Bachelet has taken measures during his last term and that under the new administration of President Sebastián Piñera, from the first day of his term, on March 12, he expressed the same. "In addition, it is important to note that many of the contents of this document do not have the justification that their tenor employs, makes generalizations without accompanying the relevant context and includes decades of management of many governments (as well as the National Congress and the Courts of Justice) which aimed to improve the condition of children, who are not recognized they also do not value, which it obliges them to read their text with special care and attention, "he warns
As far as he is concerned, this report of the Committee on the Rights of the Child reaffirms the diagnosis that the Chilean State , especially the govern current situation, has to do with the reality of vulnerable children and adolescents in our country. "
" That is why his recommendations are largely aligned with the actions that have been taken in recent years and in particular with the policies and measures that the current administration President Sebastián Piñera promoted, this put the children's interest first. This report is therefore a new voice in the call to put them first, "he reiterates
" STRENGTHENING THE COMMITMENT WITH VULNERABLE CHILDREN "
For this reason, he points out below, " the Government of Chile takes this new record to strengthen our country's commitment to children who have been injured and calls on all public institutions to join forces to work as quickly as possible, to overcome a critical and negative situation, supporting public policies, legislative changes, judicial actions and of all kinds aimed at creating in Chile a new order of respect for the rights and guarantees of children, in particular those who have been raped or who are in a situation of
"On the report itself and the measures to be taken on his merit, without prejudice to the observations that he may deserve as to his content or the relevance of its judgments and recommendations, the President of the Republic instructed the Ministry of Justice and Human Rights to take charge of the diagnosis and the proposals contained therein ", indicates the response document. "More specifically, he asked that he prepare a report that reports on actions – executed, in progress or to be implemented in the short or medium term – which will ensure the respect of all the relevant objectives indicated in this document, which will make it possible to prevent and eradicate any abuse or mistreatment of which our childhood could be victim in any public or private national institution and, at the same time, to guarantee the total respect and without restriction of the fundamental rights of children and adolescents ", Concludes
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