List of issues : Chile. 21/02/94.
CRC/C.6/WP.3. (List of Issues)
COMMITTEE ON THE RIGHTS OF THE CHILD
Sixth session
Pre-sessional Working Group
31 January-4 February 1994


IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD


List of issues to be taken up in connection with the
consideration of the initial report of Chile
(CRC/C/3/Add.18)

General measures of implementation
(Arts. 4, 42 and 44, para. 6, of the Convention)

1. Please provide information on the measures taken by the Government to harmonize national legislation with the Convention on the Rights of the Child.

2. What is the status of the Convention on the Rights of the Child in the event of a conflict with national legislation?

3. How are activities to implement the Convention on the Rights of the Child coordinated with the implementation of the National Plan of Action in Favour of Children at the governmental and non-governmental levels?

4. Please indicate why, despite ratification of the Convention on the Rights of the Child, in the Chilean legal system the child is still not regarded as a subject of law.

5. What steps have been taken for the implementation of the National Plan of Action in Favour of Children pending completion of the system of decentralization?

6. Please indicate whether the activities to publicize and promote the Convention on the Rights of the Child for 1993 were carried out and what the impact was on the target groups and populations.

7. In view of the information contained in paragraph 27 of the report, please indicate whether any steps have been taken since the submission of the report in order to improve the institutional coordination and development of State policies and the coordination of those policies with initiatives on the part of civil society. Please describe the system for monitoring the implementation of the Convention.


Definition of the child
(Art. 1 of the Convention)

1. Please specify whether the bill to lower the age of majority to 18 has been adopted and give details about the legal provisions defining a minor and an adult.

2. Please provide information on the compatibility between the rules of the different minimum ages for marriage between boys and girls without consent and Article 2 of the Convention, which recognizes the principle of non-discrimination on the basis of the gender (see para. 51 of the report).


General principles

Respect for the views of the child
(Art. 12)


1. Specify measures taken to make reality of the principle of respecting the views of the child. How has it affected the legislation, the judicial process, the political process, the situation at schools and institutions for children as well as in the home?


Civil rights and freedoms
(Arts. 7, 8, 13-17 and 37 (a) of the Convention)

1. Is freedom of religion accepted by the family and society when a child chooses a religion other than that of the parents?

2. Please specify whether the bill on community associations has been adopted. If so, what are the new provisions? How many youth associations are there? What are the legal and administrative guarantees for the independence of such associations?


Family environment and alternative care
(Arts. 5, 18 paras. 1 and 2, 9, 10, 27 para. 4, 20, 21, 11, 19, 39 and 25 of the Convention)

1. What legislative measures have been adopted to protect the child against abuse and maltreatment as laid down in Article 19 of the Convention? How are these provisions enforced? Is research undertaken into the problem of ill-treatment and sexual abuse of children, including into social factors which influence such violations? What procedures exist for intervention by the authorities in cases where a child needs protection from serious abuse within the family?

2. Please indicate what institutions exist for alternative care, how they are administered, the number of children under such care, and procedures for monitoring their conditions.

3. Are there any training programmes for social workers in the field of children's rights?

4. What measures are taken to ensure that parents giving up their children for adoption are allowed sufficient opportunity to weigh the consequences and alternatives? How are the inter-country adoptions monitored? At what age can child him/herself influence a decision on adoption?


Basic health and welfare
(Arts. 6 para. 2, 23, 24, 26 and 18 para. 3, 27 paras. 1-3 of the Convention)

1. What proportion of the budget is allocated ta health and more specifically to child health care? Please comment on the balance between curative and preventive health programmes.

2. Please provide information on measures taken ta guarantee poor children adequate access to health care.

3. What plans have been developed to combat HIV-virus and AIDS?

4. Please describe measures taken in the field of mental health for children.

5. Please provide information on the situation of disabled children, including access to education, training, health care services, preparation for employment and recreation opportunities.

6. Please provide information on the social security system and how children can benefit from it.

7. Please indicate ta what extent the provisions of the Convention relating to the Right to an Adequate Standard of Living are being applied and provide specific information on the main measures adopted for this purpose.


Education, leisure and cultural activities
(Arts. 28, 29 and 31 of the Convention)

1. Please describe measures taken or planned ta review school curricula and teaching methods in the light of Article 29 of the Convention.

2. What further steps are taken to reduce the number of drop-outs from school?


Special Protection measures

(a) Children in situations of emergency (Arts. 22, 38 and 39 of the Convention)

1. Please describe the present policy in regard to the implementation of international refugee standards as they relate to children. What legislation exists and is planned in this field? What procedures have been established to determine the status of asylum-seekers?

(b) Administration of juvenile justice (Arts. 40, 37 and 39 of the Convention)

2. Please provide further information, in the light of Articles 37, 40 and39 of the Convention, in particular on:

- the prohibition of unlawful or arbitrary deprivation of liberty;

- the use of arrest, detention or imprisonment of a child as a measure of last resort and for the shortest period of time (see in particular paras. 54 to 57 of the report);

- the possibility to have a prompt access to assistance, as well as for challenging the legality of the deprivation of liberty before a court or other competent, independent and impartial authority, and of having a prompt decision thereon;

- the right of the child alleged as, accused of or recognized as having infringed the penal law to be treated in a matter consistent with the child's sense of dignity and worth, which reinforces the child's respect for human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society;

- the measures taken to implement Article 40 of the Convention, including the safeguards to be ensured to the child alleged as, accused of or recognized as having infringed the penal law;

- the measures taken or envisaged to deal with such children without resorting to judicial proceedings, and providing for human rights and legal safeguards to be fully respected (see in particular para. 54 of the report);

- alternative measures to institutional care made available to deal with such children in a manner appropriate to their well-being, as well as the establishment of laws and procedures specifically applicable to children alleged as, accused of or recognized as having infringed the penal law, in the light of Article 40, paragraph 3, of the Convention;

- special training courses for professional groups such as judges and law enforcement officials in the light of the Convention and of other United Nations standards adopted in the field of the administration of juvenile justice.

3. In the light of Article 40, paragraph 3, of the Convention which invites States to establish a minimum age below which children shall be presumed not to have the capacity to infringe the penal law, please provide further information on the Bill referred to in paragraph 238 of the report as well as the difference established in the present legislation on the criminal responsibility of children on the basis of "discernment".

4. Please provide further information on the way the provisions adopted in the area of protection of children from economic exploitation, namely through labour, are effectively implemented. What difficulties have been encountered? Cases of sanctions applied against violation of the law? Measures adopted to ensure an effective system of inspection? Moreover, please provide information on the measures adopted or envisaged to protect children working in the informal sector (see in particular para. 50 (c) of the report).


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