liberty, including arrest, detention and imprisonment, should be used only as a measure of last resort and for the shortest appropriate period of time, so that the child’s right to development is fully 21 respected and ensured.” The Committee has further emphasized that “the leading principles for the use of deprivation of liberty are: (a) the arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time; and (b) no child shall be deprived of his/her liberty unlawfully or 22 arbitrarily;” that “the States parties should take adequate legislative and other measures to reduce 23 the use of pretrial detention;” that “the duration of pretrial detention should be limited by law and 24 be subject to regular review;” that “decisions regarding pretrial detention, including its duration, should be made by a competent, independent and impartial authority or a judicial body, and the 25 child should be provided with legal or other appropriate assistance;” and that “every child deprived of his/her liberty has the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his/her liberty before a court or other 26 competent, independent and impartial authority, and to a prompt decision on any such action.” C. Criminal Prosecution of Indigenous Children and Teenagers The Committee on the Rights of the Child has explained that indigenous children, as provided in the Convention on the Rights of the Child, require special measures of protection in order to fully enjoy 27 their rights;” it has noted that “indigenous children face significant challenges in exercising their 28 rights,” and has held that “contrary to article 2 of the Convention, indigenous children continue to 29 experience serious discrimination in a range of areas.” Hence, it has asserted that indigenous 30 children have the inalienable right to be free from discrimination, and has noted that “indigenous children are among those children who require positive measures in order to eliminate conditions that cause discrimination and to ensure their enjoyment of the rights of the Convention on equal 31 level with other children,” and these measures must include whatever is necessary to ensure their access to culturally appropriate services in the area of juvenile justice. In every act, Chilean authorities must be respectful of the specific cultural characteristics of indigenous children and adolescents, by making sure that they have full access and enjoyment of their traditions, language and culture. 21 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. 11. 22 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. 79. 23 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. 80. 24 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. 80. 25 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. 81. 26 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. 82. 27 UN Committee on the Rights of the Child: General Comment No. 11 (2009)- Indigenous Children and their Rights under the Convention. UN Document CRC/C/GC/11, February 12, 2009, par. 5. 28 UN Committee on the Rights of the Child: General Comment No. 11 (2009)- Indigenous Children and their Rights under the Convention. UN Document CRC/C/GC/11, February 12, 2009, par. 5. 29 UN Committee on the Rights of the Child: General Comment No. 11 (2009)- Indigenous Children and their Rights under the Convention. UN Document CRC/C/GC/11, February 12, 2009, par. 5. 30 UN Committee on the Rights of the Child: General Comment No. 11 (2009)- Indigenous Children and their Rights under the Convention. UN Document CRC/C/GC/11, February 12, 2009, par. 23. 31 UN Committee on the Rights of the Child: General Comment No. 11 (2009)- Indigenous Children and their Rights under the Convention. UN Document CRC/C/GC/11, February 12, 2009, par. 25.

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