Seeking protection, they are vulnerable.

Valparaiso, May 18, 2022. Salesian College of Valparaiso implements metal detectors. Sebastian Cisternas/Aton Chile SEBASTIAN CISTERNAS/ATON CHILE Comments In the National Congress, the bill known as "Protected Schools" is progressing. This project aims to improve the standards of protection for students in schools, but some of its provisions, unfortunately, violate the rights of students. The bill authorizes educational institutions to regulate in their internal regulations the measure of inspecting backpacks, bags, or other personal belongings of students. It even allows contacting the Carabineros (police force) or the Criminal Investigation Police for the inspection of clothing and personal belongings in certain specific situations. This regulation uses the generic term "student." This broadness in the regulation creates a conflict within our legal system. The Constitution enshrines the right to equality in article 19, number 2. Chilean jurisprudence has been emphatic in stating that the right to equality does not mean that all people must be treated in the same way, but that there are legitimate differences that can justify differentiated treatment. One of the paradigmatic examples of this difference is the regulation that applies to children, girls, and adolescents. The law recognizes that when we are dealing with children, girls, and adolescents, we are dealing with people who are in the process of development, who do not have a consolidated autonomy, but rather their social interaction is based on the logic of progressive autonomy. Therefore, the rules differentiate in terms of rights and obligations depending on the age of the minor. This special protection has constitutional recognition, as stated by the Constitutional Court. An area of law that reflects this notion of progressive autonomy is criminal law, with rules that establish that minors under 14 years of age are not held accountable, and that adolescents between 14 and 18 years old have a special status of criminal responsibility that distinguishes them from an adult. The fact that the bill does not distinguish the ages of the students to whom these controls apply, including the inspection of clothing and personal belongings, by the Carabineros and the Chilean Criminal Investigation Police, makes it possible to apply its content to all students, regardless of whether they are children, girls, or adolescents. This broadness contradicts our current legal system and calls into question progressive autonomy. Some may argue that a systematic interpretation of the legal system requires restricting the control regulations of the Carabineros and the Criminal Investigation Police only to adolescents, but the special protection that children and girls have in our country cannot depend on an interpretative exercise. It is essential that there be an explicit delimitation of the ages of the students to whom this control applies. By Elisa Walker, lawyer More about: Protected Schools Backpack inspections Student ages NEWSLETTER Opinion Saturday, AM Ideas in tension, contrasting views, and a clear analysis: elements to reveal the issues that divide opinions and will shape the agenda. By subscribing, you are accepting the Terms and Conditions and the Privacy Policies of La Tercera.