CHILD RIGHTS & PROTECTION - Jamaica Teachers' Association
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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