Ley Garantias De La Niñez

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rasmataz
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Ley Garantias De La Niñez

Post by rasmataz » Sun Jan 10, 2021 3:10 pm

In a conversation with friends, they brought up this law and they were deeply worried about it. Does anybody know anything about it, concerns?

frozen-north
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Re: Ley Garantias De La Niñez

Post by frozen-north » Sun Jan 10, 2021 3:14 pm

I had just read this a couple of days ago. And that is as much as I know about this topic.
Niñas, niños y adolescentes se merecen mucho más

Así las cosas, resulta paradójico que, habida cuenta del contexto histórico actual, se dé el ‘vamos’ a la creación de un nuevo Servicio, dotándolo de escasas herramientas de fiscalización, manteniendo el actual modelo de licitaciones, sin contar con una Ley de Garantías, y con Veto Presidencial de por medio, todo lo cual es una muestra de lo incompleta que resulta esta reforma, para que Chile verdaderamente cuente con un Sistema de Protección Integral, tal como lo han recomendado en varias oportunidades, tanto el Comité de Derechos del Niño, como los distintos actores involucrados en la materia.

https://radio.uchile.cl/2020/11/09/nina ... mucho-mas/

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Re: Ley Garantias De La Niñez

Post by admin » Sun Jan 10, 2021 8:27 pm

what exactly are they worried about?

they have been debating a new child protection service for years, after all the scandals with current one.
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Re: Ley Garantias De La Niñez

Post by frozen-north » Sun Jan 10, 2021 11:41 pm

rasmataz wrote:
In a conversation with friends, they brought up this law and they were deeply worried about it. Does anybody know anything about it, concerns?
It seems that the short answer to your question is that it does not exist yet. From what I have read it seems that many have been asking for those legal "Garantias De La Niñez" to be in place before the creation of a replacement for SENAME (Servicio Nacioanl de Menores), but the law has not been approved yet.
Patricia Muñoz cuestionó que la nueva entidad podría comenzar a funcionar sin que se apruebe una ley de garantías de la niñez y la adolescencia.

https://www.cnnchile.com/lodijeronencnn ... _20200904/
No hay fin de Sename sin un sistema de garantía de derechos

Sin esta ley, en nada podemos asegurar que se esté colocando fin a un sistema de protección y justicia juvenil nefasto, que reproduce vulneraciones a los derechos humanos de la niñez.

https://www.eldesconcierto.cl/opinion/2 ... echos.html

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Re: Ley Garantias De La Niñez

Post by admin » Mon Jan 11, 2021 7:46 am

all I am seeing here is another case of the extraordinary ignorance of the law by chilean reporters.

The laws already exist, as Chile is a party to a bunch of treaties on the rights of children.

The problem is the beucratic system to enforce those rights has never been fully implemented / funded / updated.

The current "protection" system has lead to the abuse of hundreds of children that are wards of the state, and even death of some.

children that are taken away from their parents because of abuse are thrown in to government foster homes, along side kids that are hardened criminals without distinction. people that work at those instructions, received little to no oversite.

In short the state foster care system is often more dangerous than where the kids came from, and there is no proper legal mechanism to protect children that were already taken away from one set of unfit parents, to be protected from the State which has repeatedly demonstrated, it is also an unfit parent.
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Re: Ley Garantias De La Niñez

Post by admin » Mon Jan 11, 2021 8:03 am

perhaps this story will help explain the problem.

we have a good friend that is a family court judge. actually as my wife worked in the family courts after law school, and is a specialist in international family law, we know a lot of family court judges. All of them have echoed the same frustration.

so our friend that is a judge is presiding over a case (one of many) involving abuse of children at a government foster home. clear cut, no questions the abuse occurred. no one is even contesting that fact.

the problem is, how was she suppose to rule when the protective services of the state IS the unfit parent? What are the remedies?

she was stuck with delema, that if she ruled against the state and ordered the children removed from the custudy of the state,

A) where are this kids supposed to go?

B) the ruling would have national implications, effectively shutdowning down foster care homes across the country, leaving thousands of already vulnerable children essentially homeless and total chaose.

C) who was then left to be legal custodians of these children, if she ordered them removed from the custody of the state?

she was forced, for lack of any other option, to send the kids back to the foster home where they were abused and neglected.

You see how the above makes no sense? there are no good options?

who represents the interest of the children, that both by current law and international treaty, chile is obligated to protect their rights?

Now, does this proposed law fix that?

no idea. they have been debating this forever, and that is the problem.
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