On October 21, a report was published on Channel 13, entitled "Indoctrination in Liceo 1?" If parents' preoccupation with the alleged indoctrination of students in this unit of capital regarding alleged "violent action inside the school" . He supported the information in the pictures of an activity where students showed flags of the Patriotic Front Manuel Rodríguez (FPMR).
Later, students and parents clarified that the photographs corresponded to an academic activity in the history field.
After broadcasting the journalistic work, the National Television Council (Cntv) received more than 125 complaints that alluded to a "montage" in making the note. For this reason, the Ombudsman's Office filed a request for protection in favor of the "student community" of the unit and against the television station at the end of October. The Agency argued that there was a "violation of the right to honor students" with broadcasting.
At the same time, the Ombudsman called for the removal of audiovisual material from Canal 13 platforms and all measures, including public apologies. "
However, yesterday, the Santiago Court of Appeal dismissed the action presented by the entity. In its opinion, the Second Chamber argued that there was a "lack of active legitimacy of the Ombudsman for Children" by assuming students' representation. This is because the head of the educational institution did not appeal to Channel 13, "which shows a clear fact: who is the" student community "of the mentioned school, its director, does not feel wronged with what the media has published on television.
In a severe opinion against the state entity, the Appeals Court referred directly to the situation that lived in recent months Liceo 1 "Javiera Carrera" because of the series of photos and demonstrations held there.
"It is surprising that the Ombudsman for Children, whose main objective is to disseminate, protect and promote children's rights (…) has not encouraged the study and prevention of mass exodus of adolescents in other units," he points out. failure.
Violation of rights
In the text, signed by Ministers Juan Cristóbal Mera and Jenny Book, along with lawyer Jorge Norambuena, the Court has questioned the representativeness of the Ombudsman's Office to assume the defense of students in the unit. He also defended the action of the Channel 13 Press Department when reporting this issue.
"He preferred to initiate this action without legitimization for her and without the authority of any high school authority, alone, by the" student community "- without knowing clearly what this concept means – against a subsidiary who only did report seriously about a particular situation that seriously violates the right of high school girls referred to to receive education without violent turbaciones. "
These are "girls who, in the context of these protection resources, receive a political indoctrination, and yet one that sustains political violence," he adds.
Meanwhile, the Ombudsman's Office pointed out The third premier that the institution will review this judgment to determine the way forward following judicial determination.