Reassessing childhood in distress: An analysis of restorative justice and comprehensive protection in Chile

Abstract

Introduction: This research aims to analyse the role of violated children and adolescents in Chilean society within the framework of restorative justice. It examines the role of the Specialised Protection Service for Children and Adolescents and its responsibility in the protection and reparation of the rights of minors under state guardianship. Methodology:  This analysis includes an exhaustive review of Chilean legislation and a theoretical review of the concept of childhood based on the philosophical perspectives of Whitehead and the afroindigenist visions of ubuntu and teko porã, according to Noguera and Barreto. These approaches, by reconfiguring childhood as condition of space-time, which encompasses a peaceful consciousness of harmonious balance between nature and community, allow expanding the scope of their rights and active participation in their protection. Results: The main findings identify administrative deficiencies in public service that compromise the well-being and reparation of harm to minors under state guardianship. Discussion and conclusions: The research concludes that it is necessary to abandon traditional notions of childhood, which consider children as dependent and limited by their cognitive and biological development, proposing instead to recognise them as subjects of full and autonomous rights within a framework of comprehensive protection.