85 294 limited by law and 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 295 the 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 competent, 296 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 their 297 298 rights;” it has noted that “indigenous children face significant challenges in exercising their rights,” and has held that “contrary to article 2 of the Convention, indigenous children continue to experience 299 serious discrimination in a range of areas.” Hence, it has asserted that indigenous children have the 300 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 301 and to ensure their enjoyment of the rights of the Convention on equal 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. Specifically with regard to indigenous children and youth who come in contact with the juvenile justice system, the Committee on the Rights of the Child has expressed its concern over the fact that “incarceration of indigenous children is often disproportionately high and in some instances may be attributed to systemic discrimination from within the justice system and/or society;” therefore, “to address these high rates of incarceration, the Committee draws the attention of States parties to article 40(3) of the Convention requiring States to undertake measures to deal with children alleged as, accused of, or recognized as having infringed the penal law without resorting to judicial proceedings, whenever appropriate. The Committee, in its general comment No. 10 on children’s rights in juvenile justice (2007) and in its concluding observations, has consistently affirmed that the arrest, detention or imprisonment of 302 a child may be used only as a measure of last resort.” Based on Article 2 of the Convention on the Rights of the Child, non-discrimination is one of the core principles that States must adhered to in developing and implementing juvenile justice policy. As the Committee on the Rights of the Child has asserted, the States Parties to said Convention “have to take all 294 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. 295 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. 296 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. 297 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. 298 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. 299 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. 300 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. 301 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. 302 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. 74.