Children rights in Chile

Although the rights of children and adolescents were approved by the United Nations on November 20, 1989, Chile ratified this agreement on August 14, 1990. In this way, children and adolescents are constituted as persons with rights, which makes it impossible to see them as an "object" without protection or voice. This means that they must be recognized as persons with opinions, with the capacity to make decisions and autonomous purposes, and are worthy of consideration and respect.

According to data obtained from Chile's Undersecretariat for Children, the rights of children and adolescents are governed by four fundamental principles: non-discrimination, the best interests of the child, their survival, development and protection, as well as their participation in decisions that affect them.

Based on this, children and adolescents in Chile have the right to:

**1. To identity and family**

- Right to social participation and development

- The right to a name and nationality

- The right to know who their biological parents are

- The right to have the State guarantee their optimal living conditions

- The right to respect for their private life

**2. To express themselves freely**

- Right to have their own language, culture and religion

- The right to request all necessary information to contribute to their well-being

- The right to have their interests be the first thing to be considered in every space in which they develop

- The right to express themselves freely and to have their opinion taken into account

**3. To protection against abuse**

- The right not to be discriminated against because of their differences

- Right to have someone to turn to in case of abuse

- The right not to be forced to perform dangerous work or work that affects their health. In addition, in Chile, adolescents under 15 years of age are prohibited from entering the labor market. However, adolescents between 15 and 18 years of age can only access light work authorized by their parents

- Right to be free from domestic violence. Children and adolescents should NOT be abused by their parents. In case this happens, the law allows any person to denounce the abuse in front of the Family Courts without the need of a lawyer

- The right to be protected by law in case of sexual abuse. Chilean law provides for severe penalties for those who commit sexual crimes against minors. For example, rape crimes are punishable with sentences ranging from 5 to 20 years. However, during the last few years new types of abuse have been incorporated, such as grooming (sexual harassment of minors through the Internet), a crime punishable with 541 days in jail

**4. To education**

- In Chile, children and adolescents have the right and the duty to attend school. The State must guarantee free access and fiscal financing from the second level of transition (kindergarten), up to and including the fourth year of secondary education

- The right to receive an education that contributes to their personal development and capabilities

**5. To a healthy and safe life**

- The right to live a full and dignified life, even if you have physical disabilities or mental health diagnoses

- The right to sports recreation and rest

- The right to live in a clean and sanitized environment

- The right to have contact with nature

- The right to participate actively in their community in the cultural sphere

- The right to meet with friends

**6. To receive health benefits**

- All children in the country have the right to free public health care in the event of an accident during their school activities

- Children with disabilities have the right to rehabilitation services, education and training to help them enjoy a full and decent life

- The right to special treatment in case of deprivation of liberty

In conclusion, children and adolescents deserve to live a full life, free from any situation that puts them in danger, makes them feel sad or vulnerable. No child can be excluded from social life because of his or her sex, religion, race, language, nationality, gender identity and sexual orientation. This is fundamental so that they can grow up in a society that accepts them and makes them feel part of it. No child should grow up feeling that society rejects them, because this leads to other social problems, such as exclusion, early drug use, school dropout and introduction to delinquency.

**Bibliographic references**

Chile Crece Más. (s/f). *Derechos del niño y la niña.* https://www.crececontigo.gob.cl/tema/derechos-del-nino-y-la-nina/

Biblioteca del Congreso Nacional de Chile. (2021, 5 de enero). *Ley Fácil: Derechos de los niños y niñas.* https://www.bcn.cl/portal/leyfacil/recurso/derechos-de-los-ninos

Defensoria de la Niñez. (s/f). *Comité de los derechos del niño.* https://www.defensorianinez.cl/home-adulto/comite-de-los-derechos-del-nino/