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MIL OSI Translation. Region: Spanish / Latin America / UN –

Source: Chamber of Deputies of Chile

A clear clash of visions represented the treatment of the constitutional reform project, initiated in motion, in terms of guarantees and rights of the child (bulletins 8167 and 11700), a proposal that finally failed to achieve the quorum necessary for approval.

The proposal, discussed in at least three sessions, was supported by the opposition, which considered it necessary to establish a mention in the Fundamental Charter, but the ruling was against, which prevented reaching the favorable vote of two thirds of the deputies in office (103 deputies).

Among its foundations, the right criticized that the proposal violates the right of parents to raise their children as they deem appropriate. In this regard, the eventual interference of the State and the influence that international treaties on the matter could exert were refuted. Likewise, the inclusion of concepts such as safeguarding the progressive autonomy of minors and extending the concept of family, beyond the traditional vision of it, was rejected.

According to the text proposed by the Constitution Commission, the project added to the first chapter of the Fundamental Charter that “it is also the duty of the State to ensure especially the protection of children and adolescents, recognizing them as subjects of law, safeguarding their best interests and progressive autonomy ”.

Then, in article 19 bis, it was added that the “Constitution assures all children and adolescents the exercise and enjoyment of their rights, particularly those recognized by international treaties ratified by Chile and that are in force.”

In addition, it was established that the “State shall promote the concurrence of families and society in the promotion, respect and protection of the rights of children and adolescents” and that a law shall establish a system of integral protection of the rights of children .

Finally, article 20 defined that “when it is a child or adolescent who suffers a disturbance, deprivation or threat of any of the constitutional rights protected by the protection resource, these must be interpreted protecting their special condition and having present the provisions of the international treaties ratified by Chile and that are in force.

With the rejection by 65 votes in favor, 63 against and seven abstentions, the initiative concluded its process in the National Congress.

EDITOR’S NOTE: This article is a translation. Apologies should the grammar and / or sentence structure not be perfect.

MIL Translation OSI