86 necessary measures to ensure that all children in conflict with the law are treated equally. Particular attention must be paid to de facto discrimination and disparities, which may be the result of a lack of a consistent policy and involve vulnerable groups of children, such as (…) indigenous children (…). In this regard, training of all professionals involved in the administration of juvenile justice is important (…), as well as the establishment of rules, regulations or protocols which enhance equal treatment of child 303 offenders and provide redress, remedies and compensation.” In its concluding remarks on Chile in 2007, the Committee on the Rights of the Child expressed its concern for the discrimination of which Chilean indigenous children are victims. Consequently, it recommended “that the State party increase its efforts to review, monitor and ensure implementation of legislation guaranteeing the principle of non-discrimination and full compliance with article 2 of the Convention, and adopt a proactive and comprehensive strategy to eliminate discrimination on gender, 304 ethnic, religious or any other grounds and against all vulnerable groups throughout the country.” 305 According to accounts provided by different international organizations, children and teenagers of the Mapuche people say they are victims of social discrimination in general, because of their physical appearance and their first and last names, which would reveal the ethnic group they belong to. In nonindigenous social settings, many of them report feeling excluded, scorned or rebuffed; furthermore, they feel that others consider them to be in a lower social class because they are Mapuche. This situation of discrimination is further exacerbated by the conditions of extreme and widespread poverty of the Mapuche indigenous people. In light of this backdrop of discrimination, there is no question that subjecting indigenous children and adolescents to a pattern of criminal prosecution, which infringes their rights, under circumstances that run counter to the principle of equality, will only contribute to further engrain this perception of systematic and structural discrimination and lead to the possible consequential individual and collective effects. It is imperative, therefore, for the Chilean State to strive to effectively fulfill the minimum international guarantees that it pledged to respect regarding all persons under the age of 18 years old in dealing with indigenous children and youth. As vulnerable individuals who receive special protection under international law, Mapuche children and adolescents enjoy a set of fundamental rights and to disregard such rights is a breach of the international responsibility of the Chilean State. 303 UN Committee on the Rights of the Child: General Comment No. 10 (2007)- Children’s Rights in Juvenile Justice. UN Document CRC/C/GC/10, April 25, 2007, par. 6. 304 UN Committee on the Rights of the Child, 44th Period of Sessions, Consideration of Reports Submitted by States Parties under Article 44 of the Convention. Concluding Observations: Chile. UN Document CRC/C/CHL/CO/3, April 23, 2007, par. 30. 305 http://www.unicef.org/adolescence/chile_39013.html

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