A “child” is described within the Jamaican context, as any person under eighteen (18) years of age. While many treasure children as the gifts from God that they are, some remain ignorant of this fact and the associated rights and responsibilities that obtain for both the child and parent or guardian, respectively.
Based on the laws of Jamaica, each child:
- Is offered protection and representation by the Children’s Advocate (governmentally established). (s4(1) Child Care and Protection Act)
- Has a need for continuity of care and stable family(like) relationships even while within State care. (s3 Child Care and Protection Act)
- Is due a fulsome education suitable to their age, up to the compulsory school age. (s21(1) Education Act) Parents or guardians who fail to ensure this regular school attendance are guilty of an offence under section 21(2) of the Education Act.
- Is due the financial support of both parents for academic engagement until eighteen years of age at minimum, and up until age twenty-one in the case that tertiary education is being pursued. (s7 Children (Guardianship and Custody) Act)
- Is to be physically, mentally and emotionally tended to by parent(s) or guardian(s). Failure to do this is an offence. (s9 Child Care and Protection Act)
- Will be considered in need of care and protection if found wandering and begging alms with no visible evidence of proper support and supervision. (s8(2) Child Care and Protection Act)
- Is protected from being sold or trafficked (s10(1) Child Care and Protection Act)
- Is precluded from work of any labour-intensive or harmful nature unless they have attained the age of fifteen years. This applies in particular where the work negatively affects the physical, mental, spiritual or social development of the child. (s34 (1) Child Care and Protection Act)
- Is protected from having their photograph or personal information (name, address, school, etc.) being divulged publicly where they are a part of legal proceedings. (s43 (1) Child Care and Protection Act)
- Is protected from involvement in any form of child pornography as defined by section 2 of the Child Pornography (Prevention) Act, 2009.
Persons who know or suspect a child to be in danger, have a legal duty and responsibility under God to raise this concern with the relevant authorities – the Office of the Children’s Registry, the Child Development Agency, the Jamaica Constabulary Force. Failure to do so is a legally punishable offence.
From the high court of heaven, God clearly tells us that, “Children are a heritage from the LORD” (Psalm 127:3); so, let us protect them and serve them well.
The next time court is in session, we will be examining evidence from the Commonwealth Caribbean on how its legal system has been influenced by the Bible.
The Norman Manley Law School Christian Fellowship (NMLSCF) is a non-denominational Christian society of law students. The organisation views law as a noble profession, but more importantly, as a ministry. Members seek to uphold Christian moral values, support each other, help the less fortunate and evangelise as they integrate their education and profession with their faith in God. Renée McIndoe is co-President of the NMLSCF.
Contact the Norman Manley Law School Christian Fellowship (NMLSCF) at [email protected]
