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Participation rights of migrant children in Chile: Regulatory advances and practical obstacles
Authors
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Iskra Pavez-Soto
Universidad Autónoma de Barcelona, España
https://orcid.org/0000-0002-6438-1522
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Ignacia Fernández-Segura
Universidad de Chile
https://orcid.org/0009-0006-3416-9914
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Abstract
The participation rights of children and adolescents are a fundamental guarantee that recognizes their ability to express opinions on matters affecting them, as set out in article 12 of the Convention on the Rights of the Child. This article examines the effectiveness of this right for migrant children in Chile, and its limitations. A qualitative methodology involving semi-structured interviews with public sector professionals, non-governmental organization representatives and academics identified significant progress, including the enactment of Law 21,067 which established the Office of the Children's Ombudsman and respective Advisory Councils (2018), and Law 21.430 on Guarantees and Comprehensive Protection of the Rights of Children and Adolescents (2022). However, significant obstacles remain, including situations of discrimination, socio-economic exclusion, an absence of an intercultural approach in teacher training and a lack of training for civil servants. This creates gaps in access to, and the effective exercise of, the rights of foreign children. The conclusion highlights the need to design and implement sustained public policies that institutionalize binding participation mechanisms and recognize the rights of migrant children.
