The Court of Appeals of La Serena ordered the Pucará Educational Foundation and the Tamelcura de Ovalle School to resume the treatment during the school day required by a basic education student with diabetes and that he had been unjustifiably suspended.
In a unanimous ruling, a protection appeal was accepted in favor of the 8-year-old minor after establishing the arbitrary and illegal actions of the establishment that, citing a change in protocol, stopped injecting the medication, inoculation carried out for two years by a nursing technician who works at the facility.
The ruling explains that «in accordance with the internal regulations, safeguarding the health of the students plays a predominant role, It does not follow, as the respondent has implied, that it is mandatory that the student’s parents must designate a third person. outside the establishment, to provide what is prescribed for their illness».
«In fact, specifically, the aforementioned protocol maintains that in the case of a medication that must be supplied by a route other than the oral or nasal route, it must always be supplied by a representative (…) without being required, as already stated. indicated that it must be a person outside the school, so that, prima facie, there is no impediment for the official of the educational establishment to continue carrying out said task, as has happened in the past,» they stated.
The text goes on to state that «It stands as an arbitrary decision, devoid of reasonableness, especially taking into account that the delay or delay in this procedure decisively influences the health of the girl. and that it can even generate fatal consequences, and that failure to comply with the establishment’s requirement directly affects the girl’s right to receive education, since she could not be incorporated into the formal educational system, since her family group is not in conditions. to comply with such requirement or to pay for a service provided for such purposes».
«The measure adopted by the respondents It is not suitable to achieve the immediate goal sought, which is to order and establish a medication protocol to protect the health of the students of the establishment. (…) Furthermore, these most suitable measures are precisely those that were being applied prior to the regulatory modification already mentioned, which demonstrate that the establishment does have the means to provide the necessary and timely assistance to the student who, by due to her young age, she is not in a position to administer herself, intravenously or subcutaneously, a medication that is essential for her health,» they insisted.