Do we care?

Special Report

Beside the right to free education, health care and a home, there are very few rights for children in TT. Where they exist, we take them for granted and they are almost forgotten, swept under the carpet. Do we really care about our children who are supposed to be the leaders of tomorrow? We see them all over the country, abandoned and begging for a meal and just recently, three perished in a fire in their home. This fact has been heavily criticised by children’s activists who noted that lack of political will is a step backward for this country if its government claims a “2020 Vision”. In 1999, the UNC administration had attempted to establish the Children’s Amendment Bill, which would have ensured a number of rights for children. There was also a plan to establish a Children’s Authority of TT to act as the guardian of all children. But what happened to all of this?

A few years later, Sunday Newsday has found out that the Act has several changes to be made before it comes into place and regulations are still being prepared  for the proposed Children’s Authority. Child Rights activist Gregory Sloane-Seale described  government as “misguided” when dealing with children’s rights. One former politician went as far as to say, “there are no rights for children in TT at all.” Those in political and social sphere Sunday Newsday spoke to regarding children’s rights agreed that the present government should forget about its political agendas and do everything they could to ensure that the Children’s Amendment Bill and the Children’s Authority is established.

Parental Negligence

Parental negligence was the question earlier this month when three children, four year-old Leslie Mohammed, three year-old Alex Mohammed and two-year-old Jason McIntosh were burnt to death after fire destroyed their home at Pajotte Lands, Four Roads, Petit Valley. Their parents- Jason McIntosh, 26 and Elizabeth Mohammed, 25, had left their hillside home in the early hours of the morning to sell and buy produce at the Central Market in Port-of-Spain. The bodies of the three children were later found charred and burnt beyond recognition. How do the authorities view this? Parental negligence ?  Without laws in place to support children of TT, what are the alternatives ? The only law referring to such an incident was found in the law books of TT, Chapter 46:01-6. “If any perosn over the age of 16 years who has the custody, charge, or care of any child under the age of seven years allows that child to be in any room or yard containing a coalpot, stove, or other fire not sufficiently protected to guard against the risk of the child being burnt, scalded, without taking reasonable precautions against that risk, and by reason thereof the child is killed, or suffers serious injury, he is liable, on summary conviction, to a fine of four hundred dollars.

“This section shall not, nor shall any proceedings taken thereunder, affect any liability of any such person to be proceeded against by indictment for any indictable offence.” Reports last week indicated that the parents were being questioned by police and there was the possibility of them being charged on the basis of negligence. Under the proposed Children Amendment Bill, 1999, Clause 24 states- ‘Clause 24 would delete paragraphs (g) and (I) of section 83, in keeping with our obligations under Article 37 of the United Nations Convention on the rights of the child not to subject children to torture, cruel or inhumane treatment or punishment.’ This is the only clause in the Act which may have justified possible litigation for parental negligence. The other clauses deal with children who have been separated from their parents, are under foster care and in most cases, who are still under the purview of their  parents. However, under the proposed Children’s Authority, section five of its functions, (f) states, ‘investigate complaints or reports of mistreatment of children in their homes and (g) act as an advocate for the rights of all children in TT.

Despite the availability of the old law, there are some who feel that charging the parents may not be the answer. Sloane-Seale said even though he was disgusted by what had occurred, he felt the parents should be made to do community work to pay for their actions rather than putting them in prison. In the absence of laws such as the proposed Children’s Amendment Act and the Children’s Authority, an official from the National Family Services of the Ministry of Social Development said the police will become involved if it is deemed a crime. “In this case where negligence is involved, this most likely will be viewed as a crime. In the absence of a body such as the Children’s Authority, our Ministry becomes involved in the social aspect to help deal with the trauma, grief and counselling,” he said. Former Attorney General, Ramesh Lawrence Maharaj said even though the proposed laws are not in place, he felt confident that the old law could hold up in similar circumstances. “As a matter of fact, under the old law, depending on the information which comes out after the investigations, the parents can be charged for manslaughter,” he said. Maharaj lamented that it was unfortunate the proposed laws are ineffective.

“The new legislation would have ensured that the proper legal framework is in place and the committee under the Children’s Authority would have made sure the incident is investigated thoroughly and established greater rights for the children of this country,” he said. Maharaj felt that in general, government really was not carrying out any of the laws with regard to the protection and care of children. In the old laws, the harshest penalty deals with prostitution of young girls.
Chap.46.01-8-
(1) “If any person having the custody, charge, or care of a girl under the age of sixteen years causes or encourages the seduction or prostitution or unlawful carnal knowledge of that girl, he is liable, on conviction on indictment, to imprisonment for two years.” Sloane-Seale pointed out that even convictions is this area are not taken seriously since there is a high number of children who are sexually abused in this country. “Do you know the pain our children are in?” he asked, “I deal with them everyday and they will tell you the pain of neglect and abuse. We think we are not doing them any harm, but these are the men and women who are likely to become angry at society when they become adults.”