essential structure of the Chilean State and municipal autonomy, to dismiss any obligation by the
treasury to provide resources for the municipalities to pay the debts.351
C.
Situation of the alleged victims in the instant case
124. The universe of alleged victims in the instant case, according to the Commission, consists
of 848 teachers who, in the early 1980s, were transferred from the central government to the
municipalities of Chañaral, Chanco, Pelluhue, Vallenar, Cauquenes and Parral in the process of
municipalization of public education in Chile. They were all part of internal proceedings that
culminated in a judgment recognizing their right to receive payment of the special allowance
contained in Article 40 of decree-law No. 3,551.
125. The alleged victims are all older adults.352 As of June 30, 2021, the date of transmission of
the parties’ closing arguments, 149 alleged victims, or eighteen percent of the total, were
between 80 and 92 years of age; 325 alleged victims, or thirty-eight percent of the total, between
70 and 79 years of age, and 189 alleged victims, or twenty-two percent of the total, between 61
and 69 years of age. As of the same date, 185 alleged victims, or over one-fifth of the total, had
passed away.353
Age profile of the alleged victims
22%
22%
Fallecidas
Entre 80 y 92 años
18%
Entre 70 y 79 años
Menores de 70 años
38%
Age profile of the alleged victims as of June 30, 2021 354
351
Cf. Order 20343 by the Supreme Court, November 19, 2003 (evidence file, folio 2192 to 2196).
352
According to Article 2 of the Inter-American Convention on Protecting the Human Rights of Older Persons,
ratified by Chile on July 11, 2017, an “[o]lder person” is “[a] person aged 60 or older, except where legislation has
determined a minimum age that is lesser or greater, provided that it is not over 65 years. This concept includes,
among others, elderly persons.”
353
Cf. Death certificates submitted by the representatives as annexes to their final pleadings (evidence file, folios
19266 to 19459).
354
Cf. Age table submitted by the representatives (evidence file, folios 19460 to 19477).
45
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