The gap between promise and practice on child rights

THE EDITOR, Madam:

The obligations owed to children do not end with the passage of legislation. As Jamaica prepares for international scrutiny of its human rights record, an important question remains: are the rights guaranteed to children on paper being realised in their everyday lives?

The International Covenant on Civil and Political Rights (ICCPR) protects children through provisions relating to the rights of the child, family protection, and equality before the law. Jamaica’s responsibility therefore extends beyond legal reform to effective implementation, accountability, and protection.

There have been positive developments. In 2023, amendments to the Child Care and Protection Act repealed the provision concerning children being “beyond parental control” and introduced therapeutic orders for children experiencing behavioural challenges. The government has also highlighted diversion programmes and alternatives to detention aimed at promoting rehabilitation.

However, legal reform alone cannot protect children if the systems needed to implement these measures remain limited. Concerns persist regarding the availability of therapeutic placements, residential facilities, and specialised personnel. This gap between law and practice raises questions about whether children are receiving the support envisioned by the reforms. There are also concerns about the continued appearance of “uncontrollable child” matters in some court records, despite the legislative changes.

The efforts to protect children from violence also remain incomplete. Corporal punishment is still not comprehensively prohibited in all settings.

Another challenge is the limited availability of publicly accessible, disaggregated data needed to assess whether reforms are achieving their intended objectives. Transparent reporting on therapeutic orders, diversion measures, and rehabilitation and reintegration services is essential to understanding how the child justice system is functioning and whether children are benefiting from these interventions.

The focus should be on strengthening implementation, monitoring, and accountability. Therapeutic alternatives must be fully operational, diversion programmes must be accessible nationwide, detention should remain a measure of last resort, and children and civil society should have meaningful opportunities to participate in reforms affecting their rights.

International commitments are meaningful only when they translate into real protection and opportunity for children. There is an opportunity to demonstrate that the commitment to children’s rights is not just a matter of law, but of practice.

FI WE CHILDREN FOUNDATION

info@fiwechildren.org