CAT/OP/CHL/1/Add.1 stigmatization associated with criminal charges and sanctions. Hearings should not be held in public, and the names of adolescents in conflict with the law should remain confidential. 61. In terms of legislation, Act No. 20084, specifically article 20, stipulates that “the penalties and consequences provided for in this Act are intended to give effect to the responsibility of adolescents for any offences that they commit in such a way that the penalty becomes part of a comprehensive socioeducational intervention aimed at achieving their full social reintegration”. The Act’s custodial and non-custodial penalty regimes therefore include a socioeducational perspective. With regard to non-custodial penalties, article 11 stipulates that community service “consists of performing unpaid activities for the benefit of the community or of persons in a precarious situation”.25 62. As a means of implementing the aforementioned legal provisions, SENAME, which is responsible for imposing these penalties directly or through accredited partners, coordinates and conducts the relevant socioeducational programmes. Moreover, during the current year, under the auspices of the Interministerial Committee on Juvenile Criminal Responsibility, which is coordinated by the Ministry of the Interior and Public Security and the Ministry of Justice and Human Rights, a number of actions intended to grant juvenile offenders access to a wide range of socioeducational services have been undertaken jointly by the Ministry of Education, the Ministry of Labour and Social Security, the Ministry of Sport and the Ministry of Social Development. 63. As to the stigmatizing effect of criminal penalties, article 59 of the aforementioned Act amends Decree-Law No. 645 of 1925, which established the National Convictions Register, by providing that details of prosecutions or convictions involving minors shall only be recorded in certificates issued for the purpose of being admitted into the Armed Forces of Chile, Carabineros de Chile, the Prison Service, the Investigative Police or for the purposes set out in the first paragraph of the present article. 64. A proposed amendment to the regulations implementing Act No. 20032 (on subsidies for SENAME) that would extend socioeducational services to adolescents residing in an open institution, which are currently only available to juveniles deprived of their liberty, is under consideration. The proposed amendment would help prevent young people from falling behind at school, as the absence of educational development, illiteracy resulting from lack of practice and disenchantment with the school system are issues which need to be addressed through socioeducational programmes, in addition to the psychosocial issues that are already dealt with through the imposition of the penalties provided for in Act No. 20084. These amendments, which are regulatory in nature and do not entail changes to the legislation, will enter into force in July 2017. 65. As to adolescents with serious mental health problems, the Ministry of Health has agreements with several institutions that are part of the child protection and juvenile criminal responsibility systems. These include: (1) The agreement between the National Service for Prevention of Drug and Alcohol Use and Rehabilitation of Users, the Ministry of Health, SENAME and the Prison Service: The purpose of this cooperation agreement is to support implementation of the Mental Health Programme of the Ministry of Health through the country’s health centres 25 Similarly, articles 13 and 14, which relate to the penalties of probation and special probation, underline the importance of offenders adhering to a personal development plan structured around programmes and services designed to promote their social integration and attending intensive socioeducational and community-based social reintegration programmes that will allow them to participate in formal education and employment training, having access to treatment for drug abuse and rehabilitation programmes and strengthening links with their families or responsible adults, respectively. Articles 16 and 17, which set out the custodial penalties of imprisonment in either a semi-open or closed institution, provide for allowing offenders to engage periodically in training, socioeducational and group activities, both inside and outside the institution, and fully guarantee their right to continue with basic, secondary, or specialized studies, including through their return to school, and to participate in socioeducational, training, job training and personal development activities. GE.17-07762 13

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