CRC/C/15/Add.173
page 7
Non-discrimination
26.
The Committee, while noting the development of the National Plan to Overcome
Discrimination in Chile 2001-2006, is concerned that the principle of non-discrimination is not
fully implemented for children belonging to indigenous groups, poor children, girls, children
with disabilities and children living in rural areas, especially with regard to their access to
adequate health care and educational facilities.
27.
The Committee recommends that the State party:
(a)
Monitor the situation of children, in particular those belonging to the
above-mentioned vulnerable groups, who are exposed to discrimination; and
(b)
Develop, on the basis of the results of this monitoring, comprehensive
strategies containing specific and well-targeted actions aimed at eliminating all forms of
discrimination, including racial and xenophobic discrimination against indigenous
children, and implement the National Plan to Overcome Discrimination in Chile 2001-2006.
28.
The Committee requests that specific information be included in the next periodic
report on the measures and programmes relevant to the Convention on the Rights of the
Child undertaken by the State party to follow up on the Declaration and Programme of
Action adopted at the 2001 World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance, and taking account of General Comment No. 1 on
article 29 (1) of the Convention (aims of education).
Respect for the views of the child
29.
The Committee notes with concern that, due to traditional and paternalistic attitudes still
widespread in the country, children are not encouraged to express their views and that, in
general, their views are not heard nor given due weight in decisions affecting them in the family,
at school, in the community and in social life at large. In particular, it notes with deep concern
that, according to article 30 of the Juvenile Act, the juvenile judge may impose a protection
measure on children without summoning them to appear when the case does not constitute a
crime, ordinary offence or minor offence.
30.
In light of articles 12 to 17 of the Convention, the Committee recommends that the
State party undertake measures in order to take into account the views of children, in
accordance with the concept of their evolving capacities, in all matters affecting them, in
particular in judicial and administrative proceedings, and integrate this principle in the
new legislation and in policies and programmes affecting children, including the National
Policy. It encourages the State party to seek technical cooperation from, among others,
UNICEF.