The child’s right to be heard in processes regarding judicial application of protective measures: proposals for Chile

Abstract

The right of the child to be heard has seen significant legislative advancements in Chile over the past few years. However, various empirical studies highlight a deficient practical application of this right. This work aims to identify the main problems in the operability of this right and propose solutions based on current regulations. The methodology used will be meta-analysis from the results of empirical studies combined with the dogmatic analysis method, typical of legal science. This work presents results in two directions. Firstly, it identifies the main problems in the exercise of children’s right to be heard in family court: children are not directly interviewed by the court, and children’s opinions are not considered in the judgment. Secondly, considering the Law of Guarantees for Children and the Law of Videotaped Interviews, parameters are proposed to ensure the effective exercise of this right in judicial settings: judicial immediacy, specialized training, suitable environments, limited intervention of third parties, and, finally, the obligation of the court to consider the child’s opinion in the measures decreed.