CHILD RIGHTS & PROTECTION

1. CHILD RIGHTS & PROTECTION JTA Helen Stills Professional Development Day – 2012 Diahann Gordon Harrison Attorney-at-Law Children’s Advocate of Jamaica dgordonharrison@oca.gov.jm

2. The Contextual Framework A Snapshot of the Development in this arena within the Jamaican society.

3. Some early steps • 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.

4. Some early steps (Cont’d) • 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.

5. THE ‘WATERSHED’ ERA • 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

6. Convention on the Rights of the Child A Quick Overview

8. UNCRC – 4 Main Categories of Rights

9. UNCRC (Cont’d) • 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.

10. The Child Care & Protection Act The Local Legislative Framework

11. The CCPA: Need to Know Basics • 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.

12. A Few Salient Provisions

13. Objects of the CCPA (S. 3) • 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.

14. Establishment of the OCA (s. 4) • 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 Minister of Government, or relevant authority • Investigates reports against relevant authorities alleged to have breached a child’s rights.

15. The OCR (s. 5) • 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

16. Obligation to Report (s. 6) 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 prescribedpersons) 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.

17. In Need of Care & Protection (s. 8) • 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)

18. Duty to Provide Care (s. 27) • 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.

19. Duty to secure Education (s. 28) • 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.

20. Child Labour (ss. 33 – 35) • General prohibition of employment of child under 13 years • Restricted employment allowed of child between 13 – 15 years in prescribed occupations. • General exception exists re artistic performances.

21. Judicial Proceedings (ss. 43 – 45) • 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]

22. Concluding Comments • 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