Girls face high risk of abuse and neglect...

GIRLS AS young as age 12 can be legally married in Trinidad and Tobago. This failure by local authorities to outlaw child marriage is one of several violations of the rights of children in this country highlighted in an April 2005 report of the Trinidad and Tobago Coalition on the Rights of the Child (TTCRC).

The report, released more than a year before the recent incidents in this country of the brutal rape and murder of children, also revealed severe deficiencies in local systems and procedures which put girl children at greater risk of abuse and exploitation. The situation of the girl child in TT is described in the report as “an area of critical concern.”

For example, under the Marriage Act, Chapter 45:01, males must be at least 14 years old and females at least 12 years old to be legally married.

The TTCRC report states: “This Act clearly sanctions child marriage and fails miserably to protect girls in particular. Further the disparity in age between males and females across the Marriage Act, Muslim Marriage and Divorce Act, the Hindu Marriage Act and the Orisa Marriage Act signals discrimination against young women in particular.”

These laws are in violation of two United Nations Conventions that have been ratified by TT - the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

“It is imperative that the judiciary take a stand on the issue of age of marriage in the interest of the girl child in particular. Failure to do so means that the exploitation of girls and young women continues to be legitimised within the framework of domestic law,” the TTCRC urged.

“With regard to the failure to achieve consensus within the Hindu and Muslim community that would bring about an increase in the age of marriage, due consideration must be given to “who” the parties to the decision making process are.

“In a society where positions of power within political, religious, cultural and social organisations are still largely held by men and patriarchal views and positions are articulated and maintained, the human rights of women and girls continue to be marginalised.”

The group identified another glaring deficiency that puts girls at risk. This one is contained in the Summary Offences Act which was recently amended to allow for imprisonment of persons found guilty of committing assault or battery of an aggravated nature on a male child. Girls are not included in the Act.

Another significant shortcoming has to do with female offenders over the age of 16 who are being housed in the Women’s Prison due to an absence of facilities where they can be detained. This is contrary to government’s claim that “ . . . in terms of the administration of juvenile justice . . . children are treated differently from adults”.

Overall, the TTCRC found that “ children in need of special protection from all forms of abuses and neglect as well as children in institutions of care are most adversely affected by a lack of government commitment and political will”.

The group reported that while changes are being made in legislation and programmes “slowly” and are being implemented “bit by bit”, too many children are being “under-supported or just plain neglected and/or abused”.

The TTCRC is calling for the establishment of independent mechanisms to monitor and ensure transparency within the Children’s Authority which is to come into existence following proclamation of the Children’s Authority Act. The group also stated that allocation of “sufficient and relevant financial, human and material resources” to the Children’s Authority is vital if it is to “fulfill the functions set out in this Act and . . . protect and promote the rights of all children”.

Another area of great need has to do with development of efficient monitoring systems to provide data on children. Little progress has been made on implementation of a Child Indicator Monitoring System (CIMS) and a Child In Need of Special Protection (CNSP) system because of an inadequate budget and unavailability of staff in the National Family Services Division of the Office of the Prime Minister.

This shortcoming impacts significantly on budgetary allocations to children’s programmes and as a result, the group said, “children and those who provide for their care are left to ‘make do’ with what is available. As a result, children suffer and the achievement of economic, cultural and social rights for children as embodied within the CRC are not achieved.”