Juvenile Laws at Chile
Chile's juvenile justice system has undergone significant reforms to align with international standards, emphasizing restorative justice and the reintegration of adolescents into society.
βοΈ Legal Framework
Adolescent Criminal Responsibility Law (Law No. 20,084): Enacted in June 2007, this law shifted Chile's approach from a guardianship system to one that upholds the rights and guarantees of adolescents in conflict with the law. It established a specialized juvenile justice system focused on rehabilitation and social reintegration, in line with the Convention on the Rights of the Child.
Regulations of Law No. 20,084: Issued in December 2006, these regulations detail the rights of detained adolescents, including humane treatment, access to education, and family contact. They also define the roles of the National Service for Minors (SENAME) in implementing rehabilitation programs.
ποΈ Juvenile Courts and Procedures
Specialized Juvenile Courts:Chile's judicial system includes courts dedicated to handling cases involving adolescents aged 14 to 18. These courts focus on restorative justice principles, aiming to repair harm and facilitate reintegration rather than solely punishing offenses
π§ Rehabilitation and Reintegration
National Juvenile Social Reinsertion Service Established as part of the 2007 reforms, this service oversees the rehabilitation and reintegration of adolescent offenders. It provides educational programs, vocational training, and psychological support to address underlying issues contributing to delinquent behavio.
Restorative Justice Initiatives Chile has incorporated restorative justice mechanisms, such as criminal mediation, into its juvenile justice system. These initiatives involve facilitated meetings between victims and offenders to promote understanding, accountability, and healin.
π Detention Facilities and Conditions
*SENAME Facilities: ξThe National Service for Minors operates detention centers and orphanages for juveniles. However, these facilities have faced significant criticism due to reports of abuse and inadequate conditions. Investigations have revealed high rates of physical and sexual abuse among detained minos.
*Calls for Reform: ξIn response to these issues, there have been legislative proposals to dismantle SENAME and overhaul the juvenile care and detention system. The Senate has approved measures to reform the system, though full implementation may take yeas.
π¨ Challenges and Areas for Improvement
*Transition Between Systems: Studies indicate that adolescents transitioning from child welfare services to the juvenile justice system face increased risks of reoffending. Factors such as weak family supervision and early substance use are significant contributrs.
*Human Rights Concerns: The treatment of minors within the justice system has raised human rights issues. Reports highlight the need for reforms to ensure that detention conditions meet international standards and that minors' rights are fully proteced.
--
In summary, Chile has made substantial progress in reforming its juvenile justice system to focus on restorative justice and rehabilitation. However, challenges remain, particularly concerning detention conditions and the transition between child welfare and justice systems. Ongoing reforms aim to address these issues and align Chile's practices with international human rights standads.
RELATED Blog
0 comments