El Ciudadano
Original article: Primer golpe en el TC a Escuelas Protegidas: admiten requerimientos contra normas del proyecto del castigo escolar
The Constitutional Tribunal (TC) has made its first significant move against the Protected Schools Law, unanimously accepting and declaring admissible the challenges brought forth by center-left lawmakers, the ruling coalition, and independents seeking to contest various provisions of this legislation promoted by President José Kast.
The controversial project was approved last week in general by the Chamber of Deputies with 105 votes in favor and 46 against, but faced constitutional reservations from several lawmakers.
The law, consisting of six articles, outlines security, order, and respect measures in schools, including the controversial backpack inspections, banning hoodies, and penalties for participating in school occupations or acts of violence.
However, one of the most contentious aspects is Article 6, which introduces a new condition for accessing free education: that the individual has not been convicted with a firm and enforceable sentence for crimes against life, physical or psychological integrity, property, or public infrastructure.
Opposition lawmakers have warned that this requirement violates fundamental guarantees and imposes a double penalty on disadvantaged youth.
They indicated that it sets up a double sanction: the penalty itself, along with the loss of free education, arguing that delegating regulation to guidelines contravenes due process guarantees and disproportionately undermines the right to education, violating provisions in numerals three, 10, and 26 of said article.
This challenge to the body tasked with overseeing the constitutionality of laws was formalized following objections raised by a cross-party bloc of legislators from the Frente Amplio, the Communist Party, the Socialist Party, the Party for Democracy, the People’s Party, and independent deputies.
In their request, they pointed out that parts of the project pushed by the far-right administration violate explicit constitutional guarantees and contravene international commitments made by Chile concerning the rights of children and adolescents (NNA).
According to the accusatory document led by the Frente Amplio, the bill infringes on the fundamental rights of students and communities, asserting that among the affected guarantees are the principle of equality before the law, the right to due process, the protection of private life, personal freedom, and the right to education, as reported by ADN Radio.
The contested regulations include the authority to inspect students’ backpacks, bags, and belongings, as well as granting Carabineros and the PDI the power to conduct searches of clothing and items within schools without requiring prior authorization from the Prosecutor’s Office.
Additionally, lawmakers rejected the provision that mandates the prohibition of any clothing or accessories that promote, glorify, or reference violence, drug trafficking, illegal conduct, or any other action that contravenes the legal order.
TC Accepts Challenges to Protected Schools Legislation
In a statement issued, the TC announced that it «has agreed to admit and unanimously declared admissible the petitions from a Group of H. Senators that contest the unconstitutionality of Articles 1°, numeral 2, regarding Article 16 J, in the final sentences of its eighth and ninth sections; 2°; and 6°, numerals 1 and 2 of the bill establishing security, order, and respect measures for the educational community concerning Bulletin N°18.156-04″.
It also stated that simultaneously, it adopted the request from a «Group of H. Representatives that asks the Court to declare the unconstitutionality of Articles 1°, numeral 2, regarding Article 16 J; 2°, as it incorporates Article 87 ter, first section; 5°, and 6°, numerals 1 and 2 of the same bill.
The court emphasized that the request is now in a position to «continue processing to issue a ruling on the merits.
Therefore, they stated, it is now up to the magistrates of the TC to determine whether the challenged provisions can remain in the final text or if, on the contrary, they must be removed considering that they violate the Constitution.
*Featured photo: Soy Chile.
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