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The Right to Comprehensive Reparation for Adolescents Deprived of Liberty: Critiquing Public Policies in Chile from the Perspective of Gender and Human Rights

  • Marcela Aedo Rivera,
  • Andrea Collell Ortúzar,
  • Patricia Varela Pino

摘要

Studies show that young women who come into conflict with the criminal law are characterized by a history of violation of their rights, mainly sexual abuse and neglect, presenting greater problems in the area of mental health than their male counterparts. From International Human Rights Law arises the obligation of integral reparation of the damage from their condition of woman, adolescent and deprived of liberty. Despite the existence of an imperative in this area, the penal system exhausts its objectives in terms of accountability and social reintegration, basing its intervention on the approach of risk factors, need, response capacity and ecosystemic strategy. The article seeks to reflect on the previous experiences of violation of this group based on the preliminary findings of the research ‘Adolescent girls deprived of their liberty in Chile, gender and human rights: bases for the improvement of a sectoral policy’ and to make visible the obligation of the State to provide the necessary conditions for the exercise of the right to comprehensive reparation.