Chilean Constitutional Court Upholds Core School Safety Measures
Chile's Constitutional Court has ruled on the "Escuelas Protegidas" (Protected Schools) initiative, declaring some provisions unconstitutional. While the full reasoning is pending, the core objective of making educational institutions safe spaces remains paramount. These environments are crucial for children and youth to develop their full potential, engage in learning, and acquire skills for their futures, thereby closing educational gaps. Any changes to safety tools must align with this fundamental purpose.
The "Escuelas Protegidas" project emerged amid a significant rise in school violence. Complaints regarding school coexistence filed with the Superintendency of Education surged by 122% over ten years, reaching 17,000 cases in 2025, with three-quarters related to coexistence issues. This trend is consistent across school types and levels, with notable increases in private paid schools (203%), municipal and SLEP schools (139%), and subsidized private schools (101%).
Evidence indicates that school violence directly impairs learning. A study using SIMCE data from 2017-2018 found that students frequently experiencing verbal and physical violence scored, on average, 14 points lower in Reading Comprehension and 7 points lower in Mathematics compared to their peers. Severe absenteeism also correlates with perceived safety, reaching 29.6% in schools with low safety perceptions, double that of the safest schools (14.2%). Witnessing violence also has similar psychosocial effects to being a victim.
Despite the Constitutional Court's ruling, key elements of "Escuelas Protegidas" are preserved. The authority to search backpacks remains, with the exclusion of police intervention without a prosecutor's order. The strengthening of teacher authority is also maintained, as teacher accounts will suffice to initiate disciplinary proceedings. The requirement to substantiate complaints to the Superintendency persists, a significant change from previous legislation. Furthermore, violence against educational community members is still classified as a serious violation of the right to education, enabling immediate, proportional, and justified measures. The essential tools for protecting the learning process and student development have been safeguarded.
The Constitutional Court's decision on "Escuelas Protegidas" highlights a tension between state-level constitutional review and the practical implementation of measures designed to address escalating school violence. While the court has upheld core provisions like backpack searches and the weight given to teacher testimony in disciplinary actions, its specific objections regarding police intervention without a prosecutor's order suggest a focus on due process and the separation of powers within the educational security framework. The sustained increase in reported coexistence issues and the demonstrable negative impact of violence on academic performance and attendance underscore the persistent societal challenge. Future policy development will likely need to navigate these judicial constraints while ensuring that educational environments remain conducive to learning and personal development, potentially through enhanced school-based resources and clearer protocols that respect both safety imperatives and civil liberties.
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