CHILDS AND TEENAGERS’ RIGHTS SPECIAL PROTECTION IN CHILEAN LAW

The current Chilean special protection system of rights of CA violates certain fundamental rights of CA, especially, their right to family life. Unlike the global trend, this system is characterized by a strong State intervention in the family sphere of CA, prioritizing the judicial intervention rather than the administrative. In addition, it has a poor regulatory framework for the measures of CA’s rights protection, given its lack of true preventive and comprehensive natures, and provenance suppositions. This system allows flaws in its operation, such as the petition of protective measures to prepare future trials of a non precautionary nature, and contrary to express provision, the issuance of measures that order the admission of CA to the residency system without specific timeframes and/or indication of the grounds and objectives of such measures. This situation is being addressed in part by a bill that seeks to establish a regulatory framework for the comprehensive protection of CA’s rights. This work confronts these criticisms with project Law and gives certain contributions to its improvement in light of modern Family and Infancy Laws.