The Child Defender's Office warns of discrimination in a project that restricts access to health and education for migrant children.

The agency warned that the initiative approved in the Chamber of Deputies could lead to violations of fundamental rights and deepen barriers in a context where immigration procedures already face delays of over two years. The Children’s Advocate stated that “restricting access to health and education for children due to their immigration status is not only discriminatory but also incompatible with the state's obligations to guarantee their rights. ” Santiago, March 25, 2026.

- The Children’s Advocate warned of the risk of rights violations in the bill that amends Law No. 21,325 on Migration and Foreigners (Bulletin 17,474-06), approved in the Chamber of Deputies and currently in the Second Constitutional Procedure. The initiative includes restrictions on access to services for migrant children and adolescents, prioritizing health and education for nationals over foreigners in irregular immigration status.

According to the agency, this implies arbitrary discrimination incompatible with the Constitution, the Child Guarantee Law, and existing international treaties. “The rights of children cannot be subordinated to their immigration status. Restricting their access to health and education is not only discriminatory but also incompatible with the state's legal obligations to guarantee their rights,” said the Children’s Advocate, Anuar Quaccesoesille, who added that what was approved “tensions constitutional, legal, and international standards that require the protection of children without distinction.

” Furthermore, the agency warned that this debate occurs in a context where migrant children and adolescents face significant administrative barriers. According to data from the National Migration Service, analyzed by the agency, family reunification processes can take up to 17 months, and permanent residency can take more than two years, affecting rights such as identity, due process, and timely access to services. In this regard, Anuar Quesille stated: “We are talking about children who, simply by being in contexts of mobility, already face structural barriers.

Adding new restrictions only deepens their vulnerability. When immigration procedures can take years, restricting basic rights exacerbates an already critical situation. ” The agency recalled that it had already made technical observations on the project during its first constitutional procedure, warning of the need to safeguard the rights-based approach in public policy formulation, thus responding to the aspirations of the Convention on the Rights of the Child, the Guarantee Law, and the National Policy on Childhood and Adolescence 2024-2032.

In this line, the agency called on the Senate to review the project to ensure its compliance with human rights standards, warning that legislative discussion cannot translate into restrictions on access to essential rights. “The rights of children are not restricted; they are guaranteed. We hope the Senate corrects this approach because we cannot advance in regulations that imply fewer rights for children,” concluded the Children’s Advocate.