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After more than three hours of voting, the Lower House approved a large part of the observations presented in the presidential veto to the project that creates the Child Protection Service, an entity that will replace Sename.
With this, the initiative now goes to the Senate.
Meanwhile, from the Government, the Minister of Social Development, Karla Rubilar, highlighted the approval of the veto that allows accelerating the implementation of the new institution of protection of minors.
For and against
After the report given to the Chamber by deputy Marcos Ilabaca (PS), deputies of the ruling party defended the observations of the Executive, especially those that seek to reinforce the preferential right of parents to intervene in the care and guidance of their children, those that ensure the best interests of the child and the one that eliminates the article that indicates that this law will enter into force once the law of guarantees and comprehensive protection of the rights of children and adolescents is promulgated and published. .
While, opposition MPs criticized the presidential veto, since, according to them, a large part does not correspond to the parent ideas of the original text, put in contradiction the right of progressive autonomy with that of parents to intervene in the education of their children, reduce the inabilities for managerial positions in the new service and replace the requirement eliminated by Congress, on the entry into force of this project Of law.
On behalf of the Government, the Minister of Social Development and Family, Karla Rubilar, reiterated the admissibility of all the observations of the President of the Republic since they seek to reaffirm the right of parents to intervene in the care and education of their children, as well as safeguard the best interests of the child.
Approved veto detail
The first observation approved deleted from article 1 of the project, the supervision of the President of the Republic, the new Child Protection Service, which will be subject to the supervision of the Head of State, but through the Ministry of Social Development and Family.
In addition, it incorporated that the Service will be subject to the supervision of the Undersecretariat for Children, in accordance with the provisions of this law.
By virtue of an observation reclassified as admissible by the Chamber, it was approved that the Service, in the development of its purpose, will promote the prioritization of children and adolescents subject to care in the offer of legal representation.
Another rule reclassified by the Chamber provides that the Service’s action is also guiding principles, whether it exercises its function directly or through third parties, the best interests of the child or adolescent, equality and arbitrary non-discrimination, progressive autonomy. according to their age, maturity and degree of development, in addition to the gender perspective, inclusion, social protection and effective participation which will be manifested, among other ways, through the right to be heard, together with freedom of expression and information and the right of assembly and association.
The foregoing is without prejudice to the preferential right and duty of parents to educate their children, and of families, legal representatives and people who have them legally under their care to guide and care for children and adolescents.
Likewise, those who exercise functions in an accredited collaborating institution or have exercised them in the last year, may not be national or regional directors of the Service.
This impediment will also apply to founders, board members, managers or administrators of an accredited collaborator.
Government values
“Today, September 2 The Sename countdown begins. That Sename that, unfortunately, despite having been created to protect our children, ended up violating them and unfortunately causing us a lot of pain as a country, ”said Minister Rubilar after the approval of the project.
Meanwhile, the Undersecretary for Children, Carol bownHe commented that “today is a great day for everyone and especially for the children and adolescents of Chile. We have managed to go one step further to end Sename, a historic debt that we have as a country. We want to thank the deputies who put aside differences, to risk it for the most vulnerable children ”.
The Report of the Committee on the Rights of the Child 2018, denounced serious violations of the rights of children and adolescents who are interned in residential protection centers, for which it recommends establishing two separate systems, one on the protection of children who need assistance and the other on children in conflict with the law.
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