Transcript CHILD RIGHTS & PROTECTION - Jamaica Teachers' Association

A Snapshot of the
Development in this
arena within the
Jamaican society.

Children (Guardianship & Custody) Act –
July 1957: The court made decisions in
keeping with the welfare of the child in
custody and maintenance issues.

The Children (Adoption of) Act – January
1958: Order made to promote the
welfare of the child & his wishes taken
into account having regard to his age &
understanding.
Status of Children Act – November 1976:
signaled the legislative removal of the
term ‘bastard’ which formerly was the
accepted term used to describe
children born out of wedlock.
 Not just a change in terminology, but
affected import entitlements such as the
right to inherit property.


The United Nations
Convention on the
Rights of the Child,
1989.

Ratified in Jamaica
in 1991. [Significance
of this?]

The Child Care and
Protection Act, 2004
A Quick Overview

Survival Rights – right to
life, shelter, food &
clothing.

Developmental – right to
spiritual & moral
guidance, an education,
reasonable health
services consistent with
the age & needs of the
child.

Protection Rights – focus
on the establishment of
policies, practice,
legislative framework to
ensure children are
protected: CDA, OCA,
CCPA.

Participatory – the right
to participate in the
decision making process
re matters that may
impact upon him/her.
The Local
Legislative
Framework

Effective Date: March 26, 2004

Represented Jamaica’s 1st all encompassing
legislative response to the issue of child rights &
child protection.

Direct derivative of the international obligations
imposed upon Jamaica by virtue of its
ratification of the CRC

Seeks to marry several approaches aimed at
underscoring a rights based trajectory.

To promote the best interests, safety & well-being of
children

To provide support to the family unit and only to
apply the least disruptive course when a child needs
assistance

Child services are to be provided in a manner that
respects the need for continuity of care & stable
family relationships

To take into account physical & mental differences
among children in their development.

To recognize the special needs of children in conflict
with the law.

The CA is a commission of Parliament

First established in February 2006

Mandate: to enforce & protect the rights of children
{Ombudsman-like role}

Reviews laws, policies & practices and services
provided by relevant authorities

Gives advice to Parliament, any
Government, or relevant authority

Investigates reports against relevant authorities
alleged to have breached a child’s rights.
Minister
of

The Office of the Children’s Registry was established
in 2007

Central repository for receiving reports concerning
alleged instances of abuse against children

Observes strict rules of confidentiality

1-888-PROTECT (1-888-776-8328)

Refers these reports unto partner agencies for
investigation
Creates a mandatory
obligation to report
instances in which it is
suspected that a child
has been, is being or is
likely to be:
 Abandoned
 Neglected
 physically or sexually
ill-treated
 Otherwise in need of
care & protection

All
persons
(and
particularly prescribed
persons) have a duty
to make such reports.

Penalty: $500,000 or 6
months imprisonment
at hard labour

No
action
where
report is made in good
faith, even if not
proved to be true.

Where there is no parent/guardian or where
the parent is unfit to exercise proper care and
child is exposed to bad associations or moral
danger, or is beyond control

Where child is in a vulnerable situation re
physical, mental or emotional well-being

Where child has been victim of any sexual
abuse, procurement or attempt, or is in a
household with one who has been convicted of
such an offence (and also that of murder)
Any person who has responsibility for the
maintenance of a child must provide the
child with adequate:
 Food
 Clothing
 Lodging
 Health Care
Appropriate to the age & needs of the
child.


Any person having the custody, charge
or care of a child between the ages of 4
– 16 years is obliged to ensure that the
child is enrolled at, and attends, school

If unable to provide any article required
for child’s education, application for
assistance may be made to the relevant
Minister.

General prohibition of employment of
child under 13 years

Restricted employment allowed of child
between 13 – 15 years in prescribed
occupations.

General exception
performances.
exists
re
artistic

Emphasizes the child’s right to privacy and
the
entitlement
to
be
free
from
stigmatization.

Power of Judge to clear the court when
child witness is required to give evidence re
any matter pertaining to issues of decency.

Restriction on reports in the media re name,
address, school or other particulars which
might lead to ascertaining the child’s
identity. [Witness or Accused child]

Many strides have been made in the
advancement of the rights of the child.

It’s a continuing process and the work must
continue.

Collective responsibility must be embraced
as the order of the day

Children too, must recognize that with rights
come responsibilities