The Chilean State Violated the Rights of 846 Municipal Teachers

School teachers protesting, Chile, 2021. | Photo: Twitter/ @servicioweb

22 December 2021 

by teleSUR/MS

This case dates back to the Pinochet's dictatorship (1973-1990), when the administration of public education was transferred from the central government to subnational governments.

On Tuesday, the Inter-American Court of Human Rights (IACHR) condemned the Chilean State for not complying with due diligence in the payment of a special assignment of 846 teachers from the Chañaral, Chanco, Pelluhue, Parral, Vallenar, and Cauquenes municipalities.

"The processes of execution of the sentences handed down in favor of the 846 teachers who condemned the Municipalities to pay a special allowance, were irregular and ineffective," the IACHR rulling states, requiring that due diligence be guaranteed in access to justice for the elderly.

This case dates back to the era of the Augusto Pinochet's dictatorship (1973-1990), when the administration of public education was transferred from the central government to subnational governments. This change meant that teachers were subject to the Labor Code and other regulations applicable to the private sector.

In 1981, authorities created a special non-taxable allowance for teaching personnel dependent on the Education Ministry. However, the teachers who were transferred to the municipalities did not receive this allowance.

Once the dictatorship ended in 1990, the teachers were able to initiate lawsuits for the payment of this allowance. In the framework of 13 processes filed against the Chañaral, Chanco, Pelluhue, Parral, Vallenar, and Cauquenes municipalities, sentences were handed down, recognizing the payment of the special allowance to the 846 teachers.

"Taking into account that the victims are all people over 60 years of age and that a fifth of them have already died, the Court considered that the State ignored its obligation to guarantee due diligence in access to justice for the elderly," the IACHR sentence points out.

The Chilean State must undertake immediate reparation measures, such as paying directly to either the victims of this case or their successors.