A/HRC/35/24/Add.1
B.
Emerging national legislation
16.
The reform process has resulted in a series of legislative initiatives, some of which
have already been adopted as new laws and policies, while other proposals are in the
pipeline as bills.
17.
The General Education Act of August 2009 (No. 20.370) is a landmark piece of
legislation as it provides for the national education system to be built on the rights
enshrined in both the Constitution and the international instruments ratified by Chile (art.
3). It establishes the State’s obligation to safeguard equality of opportunities and inclusive
education, and especially to reduce inequalities in the education system (arts. 3 and 4).
18.
The Inclusive Education Act of 2015 (No. 20.845), which came into force on 1
March 2016, on the eve of the Special Rapporteur’s visit, is a key pillar of the reforms. It is
of paramount importance in providing a legal framework for building an inclusive
education system and safeguarding the right to education as an entitlement. Virtually all the
people with whom the Special Rapporteur spoke during his visit referred to the Act as the
most significant step in the reform. The Act is key in paving the way in the long term for a
paradigm shift in education to the point where the State will assume full responsibility as
guardian and protector of the right to education.
19.
The Inclusive Education Act gives additional weight to key policy concerns
regarding quality in education, as reflected in Act No. 20.501 of February 2011 on quality
and equity of education.3 Moreover, Act No. 20.903 of March 2016, which establishes a
system for teachers’ professional development, is intrinsically linked to quality of
education.
20.
The Special Rapporteur’s visit coincided with the promulgation of Act No. 20.911,
which establishes the Civic Education Plan for accredited educational establishments. 4 The
aims of the Plan include promoting students’ knowledge and understanding and
commitment to the human rights recognized in the Constitution and in the international
instruments signed and ratified by Chile. The Act is commendable as it values ethics as a
means of strengthening development within a framework that has the human being at its
centre.
21.
Act No. 20.910 on the establishment of 15 new technical education centres, 5
promulgated in March 2016, is another landmark piece of legislation that contains radical
reforms in higher education to widen opportunities to different socioeconomic contexts and
respond to the needs and requirements of local and national development.
22.
The Special Rapporteur appreciates the fact that in redesigning the education system
and the new legal framework in Chile, reference is systematically being made to
international human rights instruments relating to the right to education. The Inclusive
Education Act is intended to ensure that all persons can realize their right to quality
education, in accordance with the provisions of the Constitution and the international
instruments that Chile has ratified and are currently in force. The bill on the national public
education system contains similar provisions.
23.
Moreover, new education laws in several key areas in Chile are notable examples in
the context of the Sustainable Development Goals, adopted by the General Assembly at the
United Nations summit for the adoption of the post-2015 development agenda, held in
September 2015. Goal 4 is to ensure inclusive and equitable quality education and promote
lifelong learning opportunities for all. More specifically, target 4.1 is to ensure, by 2030,
that all girls and boys complete free, equitable and quality primary and secondary education
leading to relevant and effective learning outcomes. The adoption of the new laws was
significant pursuant to the commitments made in May 2015 by Chile and Governments
from all over the world to the Incheon Declaration: Education 2030: Towards inclusive and
equitable quality education and lifelong learning for all, and the Education 2030
3
4
5
See www.leychile.cl/Navegar?idLey=20501.
See www.leychile.cl/Navegar?idNorma=1088963.
See www.leychile.cl/Navegar?idNorma=1088775.
5
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