CRC/C/15/Add.173
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4. Civil rights and freedoms
Corporal punishment
31.
The Committee is concerned that corporal punishment of children remains socially
acceptable in Chile and it is still practised in families and in schools and other institutions. It
further notes that Chilean legislation does not expressly prohibits corporal punishment.
32.
In light of articles 3, 19, and 28 (2) of the Convention, the Committee encourages the
State party:
(a)
To develop measures to raise awareness of the harmful effects of corporal
punishment and to encourage alternative forms of discipline in families administered in a
manner consistent with the child’s dignity and in conformity with the Convention; and
(b)
Explicitly prohibit corporal punishment in the family and in schools and
other institutions.
5. Family environment and alternative care
Parental responsibilities
33.
The Committee is concerned that the system of assistance to parents and legal guardians
in the performance of their child-rearing responsibilities is still insufficient, in particular with
respect to single-parent families, and that a significant number of children are put in institutions
because of the bad economic situation affecting the family.
34.
In light of article 18 of the Convention, the Committee recommends that the State
party continue to improve social assistance to families to support them in their
child-rearing responsibilities, including through counselling and community-based
programmes, as a means of reducing the number of children in institutional care.
Children deprived of family environment
35.
While noting that there are plans to reform the National Service for Minors (SENAME),
the Committee notes with concern that at present SENAME is still in charge of both children in
need of care and protection as well as those in conflict with the law, and that social services need
to be more decentralized. Further, it notes that a bill for the establishment of family courts has
been before Congress since 1997.
36.
The Committee recommends that the State party:
(a)
Establish two clearly separated systems (in terms of administration and
implementation) for children in need of care and protection and for children in conflict
with the law, by adopting the two draft laws, one on the protection of children who need
assistance and the other on children in conflict with the law, intended to reform the
1967 Juvenile Act;