A/HRC/35/24/Add.1
VII. Some challenges in fully implementing the reform agenda
56.
Entitlement to education in terms of access, especially to basic education free of
charge, and empowerment through the acquisition of knowledge, values, competencies and
skills as quality components are two interrelated pillars of the right to education that are
also reflected in education reforms in Chile. The Special Rapporteur highlights below some
of the key challenges in implementing the reform agenda.
A.
Full realization of the right to inclusive education
57.
The challenges implicit in implementing the laws in the field of the right to
education, especially the Inclusive Education Act, are enormous in terms of eliminating
segregation, overcoming disparities and promoting an egalitarian and inclusive education
system. All those who remain underserved — indigenous people, persons with disabilities,
migrants and other marginalized sectors of society, especially victims of poverty — need to
be provided with equitable opportunities for education.
58.
The higher level of schooling for urban as compared to rural populations
compromises equity. The privatized system of education in Chile has undermined the
provision of public education. Increased efforts are needed to improve conditions in schools
in remote and rural areas and to eliminate disparities in access to quality education between
urban and rural areas (see CRC/C/CHL/CO/4-5, para. 68 (d)).
59.
The Government needs to step up efforts to ensure equal education opportunities for
rural and indigenous girls. There is a large number of indigenous students. The number and
size of scholarships for indigenous students are too small to allow recipients to cover
educational expenses in institutions other than those located in indigenous communities or
settlements (see CERD/C/CHL/CO/19-21, para. 15). The Special Rapporteur recognizes the
importance of further measures to develop a bilingual intercultural education system, as
stipulated in the Indigenous Peoples Act (No. 19.253), and to include indigenous groups’
concerns in the education reform.
60.
The General Education Act requires that educational establishments that have a high
percentage of indigenous students should follow courses that maintain their mastery of the
indigenous language and their knowledge of the history and culture of their people. It is
important that curricula for children, young people and adults recognize the diversity of
their cultures and ethnic origins and teach the language, world view and history of their
peoples of origin in order to foster harmonious dialogue in society. 13 The Special
Rapporteur emphasizes that changes in cultural perception are important for building a new,
integrated society.
61.
Chile also has to cope with the educational needs of migrants resulting from the
influx from neighbouring countries. During his mission, the Special Rapporteur visited the
Liceo de Hombres high school in Antofagasta where both girls and boys study together at
all compulsory levels of education, preschool, primary and secondary, and where the
number of foreigners enrolled is higher than that of nationals. He noted that, with
integration programmes and creative pedagogical techniques, the school constitutes a good
example of inclusive education that does not allow discrimination or exclusion in
education.
62.
The Special Rapporteur notes the progress achieved in terms of granting equal
opportunities to children with disabilities, as reflected in Act No. 20.422 of 2010 and
various decrees establishing norms for inclusive education. In that connection, the
importance of the Convention on the Rights of Persons with Disabilities for removing
barriers to inclusive education must be recognized. During his mission, the Special
13
National report submitted to UNESCO in 2007 on measures taken between 2000 and 2005 to
implement the Convention against Discrimination in Education, quoted in the UNESCO submission
to the 2014 universal periodic review of Chile, p. 3. Available at www.ohchr.org/EN/HRBodies/
UPR/Pages/UPRCLUNContributionsS18.aspx.
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