Defensoría Criticizes PANI President for Excluding Indigenous Children from National Childhood Policy Consultations
The National Institute of Children and Adolescents (PANI) faces scrutiny for failing to consult indigenous minors in policy development.
The Defensoría de los Habitantes has publicly criticized Kennly Garza Sánchez, the president of the Patronato Nacional de la Infancia (PANI), for neglecting to consult indigenous minors during the formulation of the Política Nacional de Niñez y Adolescencia 2024-2036. On Wednesday, the Defensoría affirmed that a favorable ruling on an amparo resource mandated the Consejo Nacional de Niñez y Adolescencia (CNNA)—an inter-institutional body presided over by Garza—to conduct consultations across 24 indigenous territories within the next twelve months.
According to Defensora Angie Cruickshank, the CNNA's failure to engage these communities violated the principles of equality and non-discrimination.
This issue emerged during her meetings with indigenous populations residing in La Casona de Coto Brus, Salitre, and Cabagra.
"There is no public policy without human rights, nor can we discuss the guarantee of human rights without a proper public policy.
Their relationship is undeniable and indissoluble; public policy serves as the means through which the state ensures rights, a process that must also be backed by a budgetary framework to make its execution realistic and achievable," stated Cruickshank.
Following the filing of an amparo in July 2024, the CNNA announced that consultations were scheduled to commence on October 25 of that year.
However, the Constitutional Chamber noted concerns about the certainty of these consultations, citing the lack of a detailed schedule or comprehensive plan that outlined procedures across all territories, as stipulated by Article 26 of the General Mechanism for Consultation with Indigenous Peoples.
In response, Garza asserted that the Constitutional Chamber's ruling recognized the efforts of the Costa Rican state and the institutions involved in the CNNA regarding consultation processes.
She contended that the consultation process had already begun and explained that the ruling was issued because a complete schedule and action plan were not submitted that encompassed all phases.
Garza expressed that the Defensoría aimed to declare the CNNA's agreements as violations, potentially invalidating the National Policy on Childhood and Adolescence, but the judges did not support this claim.
"Certainly, the Constitutional Chamber establishes a goal and a deadline to complete this ongoing process," Garza remarked.
According to Defensora Angie Cruickshank, the CNNA's failure to engage these communities violated the principles of equality and non-discrimination.
This issue emerged during her meetings with indigenous populations residing in La Casona de Coto Brus, Salitre, and Cabagra.
"There is no public policy without human rights, nor can we discuss the guarantee of human rights without a proper public policy.
Their relationship is undeniable and indissoluble; public policy serves as the means through which the state ensures rights, a process that must also be backed by a budgetary framework to make its execution realistic and achievable," stated Cruickshank.
Following the filing of an amparo in July 2024, the CNNA announced that consultations were scheduled to commence on October 25 of that year.
However, the Constitutional Chamber noted concerns about the certainty of these consultations, citing the lack of a detailed schedule or comprehensive plan that outlined procedures across all territories, as stipulated by Article 26 of the General Mechanism for Consultation with Indigenous Peoples.
In response, Garza asserted that the Constitutional Chamber's ruling recognized the efforts of the Costa Rican state and the institutions involved in the CNNA regarding consultation processes.
She contended that the consultation process had already begun and explained that the ruling was issued because a complete schedule and action plan were not submitted that encompassed all phases.
Garza expressed that the Defensoría aimed to declare the CNNA's agreements as violations, potentially invalidating the National Policy on Childhood and Adolescence, but the judges did not support this claim.
"Certainly, the Constitutional Chamber establishes a goal and a deadline to complete this ongoing process," Garza remarked.
