The National Assembly last evening passed a law to strengthen the protection of children, especially those at risk and in difficult circumstances.
The Assembly passed the Protection of Children Bill 2009, with support from the governing PPP/C and the opposition PNCR and AFC, taking the first step in putting in place laws that have been in the works for almost a decade. The bill, with several amendments, was taken through its final reading after a report of a special select committee that reviewed the legislation was adopted by the Assembly.
Human Services Minister Priya Manickchand, who chaired the committee, told the National Assembly that the legislation was part of a package that would ensure the way children are protected would be changed, in keeping with the commitments made many years ago. Other laws in the package include the Child Care and Protection Agency Bill (already passed by the Assembly), the Status of Children Bill and the Adoption of Children Bill. She explained that the focus of the legislation is the protection of children “pre-emptively” as well as in the event that “something happens,” ensuring that the paramount consideration in any decision made under law shall be “the best interest of the child.”
Among the provisions is the empowering of the state to make “protective interventions” in the lives of children who are at risk, of either being physically, emotionally or sexually harmed or exploited, at the hands of their parents or guardians and or any other person. Children who are abandoned and orphaned, and are living in violent situations are also named in the bill.
There are provisions that allow for a child to be heard in court if the child requests it, and for the state to provide legal representation if it required; the bill recognizes a person over 12 years of age as having the right to, on request, access to information relating to him/herself. It also proposes a strengthened relationship with the judiciary and empowers a judge to grant various orders that affect the well-being of children considered at risk. It allows for the director of the Child Care Agency or a social worker to apply to the judge for the removal of a child who is in need of protective intervention and provides for the judge to make an order authorizing the director or social worker to remove the child by force if necessary. It also empowers a judge to grant an order for children to receive medical treatment if their parents refuse to seek such treatment for them, and allowing such court action to be done ex parte.
Further, it says a person who sells, gives or causes to come into possession of a child a drug, an obscene book or photograph or pornographic material or intoxicating liquor of tobacco products, would be guilty of committing an offence. Additionally, persons holding liquor licences who employ a child on their premises and persons who employ children in an establishment to engage in acts of prostitution would be guilty of offences.
Persons working in the childcare system that are convicted of any sexual offence would be publicly named as being unsuitable to work with children, according to the bill and minister is to compile a list of persons unsuitable to work with children.
PNCR MP Volda Lawrence, who was also a member of the committee, indicated the party’s support for the bill, saying it recognized its responsibility to ensuring that provision is made for the best interest of the child. She said that the legislation should not be consigned to a shelf or in an office and urged that it be disseminated to public to ensure that people are informed about it, a call echoed by AFC MP Latchmin Punalall who hoped that the law would be implemented.
Lawrence, who said the plight of children was never out of the party’s sight, emphasised that the intention of the legislation is not to take children from their parents or guardians. Instead, she noted, the law would seek only to give paramount consideration to the best interest of the child. She also revealed that one of the issues where the committee had disagreements related to begging, saying that provision ought to be made to prevent persons in society from using children to begin as part of an enterprise. She noted two such apparent cases in the city.
Manickchand said the issue came up at the select committee, where it was decided there was no intention to criminalise poverty. Although she conceded that some persons do use children to beg, she noted that there are persons who do it out of genuine poverty. However, she noted that in the case where persons seek to use children as a business enterprise, resort could be found in the Combating Trafficking in Persons law that provides for charges.
Further, Manickchand also noted that archaic laws already criminalise children found either begging or wandering-a situation she noted would be remedied by a Juvenile Justice Bill that would be tabled by Youth Minister Dr Frank Anthony.
Manickchand said the bill and other similar legislation would be accompanied by a campaign to educate the people.
