Shari-Ann Henry | Justice for Jamaica’s children: Strengthen child-protection laws

Justice is the foundation of a fair and equitable society, and ensuring the protection of vulnerable children is a fundamental aspect of justice. The United Nations International Covenant on Economic, Social and Cultural Rights (UNICESCR) affirms that every child has the right to protection and a standard of living adequate for their physical and mental development. Jamaica, as a signatory, has a duty to uphold these principles, ensuring that no child is left behind due to systemic shortcomings.

The protection of vulnerable children is one of the most critical responsibilities of any society. In Jamaica, the Child Care and Protection Act (CCPA) of 2004 was created to safeguard children from abuse, neglect, and exploitation. While the act provides a solid legal foundation, enforcement remains a significant challenge due to resource constraints and systemic inefficiencies.

Jamaica’s primary child protection agency, the Child Protection and Family Services Agency (CPFSA), plays a crucial role in responding to cases of children in need. However, limited funding, high case-loads, and inadequate staff training often delay interventions. Many cases go unresolved for long periods, leaving vulnerable children in dangerous situations. Reports of child abuse are sometimes met with sluggish responses, and the reality is that the CPFSA is stretched thin in its ability to provide immediate and effective assistance.

One of the biggest hurdles Jamaica faces in protecting children is a cultural one. Many cases of abuse and neglect go unreported due to stigma and fear of retaliation. While there is a child abuse reporting system, the hesitation to report abuse, whether due to mistrust in the system or social pressures, means that many children continue to suffer in silence. A national shift in how we address child protection must include not only stronger policies but also more community involvement and education.

MAJOR CONCERN

Another major concern is where children go once they are removed from unsafe environments. Jamaica relies heavily on group homes and state-run facilities, many of which are overcrowded and underfunded. While foster care exists, it remains underdeveloped, and there is an urgent need to expand and improve the system. More foster families need to be recruited and supported so that children in need can grow up in stable, nurturing environments instead of institutions.

The role of the courts in child-protection cases also requires examination. The family courts are burdened with high case-loads, which often leads to lengthy delays in hearings and interventions. The system must be more efficient in prioritising the welfare of children, ensuring that they receive timely legal representation and a fair hearing.

While some may point to other countries with more developed child-protection frameworks, it is important to recognise that Jamaica’s challenges are unique to its cultural and socioeconomic realities. However, there are lessons to be learned. Countries with stronger child-protection systems invest heavily in community-based support services, programmes that help families before crises occur. If Jamaica prioritises this, it could prevent many children from ending up in the system in the first place. When comparing Jamaica’s child-protection system to Canada’s, significant differences emerge. Canada operates on a provincial system, meaning that child-protection laws and agencies vary by region though all follow the guiding principle of the best interests of the child. In Ontario, for example, Children’s Aid Societies are well-funded, employ multidisciplinary teams, and have streamlined intervention protocols, ensuring that cases are handled swiftly. Meanwhile, Jamaica’s CPFSA, though dedicated, faces challenges with understaffing, resource limitations, and bureaucratic delays.

FRUSTRATING

I once called 211 to report a case, expecting swift action, but the wait alone was frustrating. When someone finally answered, they began explaining the reporting structure, which was far more complicated than I had imagined. My report would first go to a supervisor, then for assessment, then to the regional office, followed by multiple layers of review before any action could be taken. “But what if the child is in immediate danger?” I asked, only to be told that even urgent cases had to go through the process. By the time I hung up, I realised that while there is the dedication to protect a child, bureaucracy may be the biggest obstacle.

Another key difference is foster care. In Canada, foster families receive financial support, training, and resources to provide stable environments for children. Jamaica, by contrast, relies more on group homes, which are often overcrowded and lack sufficient support services. This makes reintegration into society more difficult for affected children. Furthermore, in Canada, mandatory reporting laws ensure that teachers, doctors, and other professionals are legally required to report suspected child abuse, leading to quicker interventions. In Jamaica, cultural factors and systemic barriers sometimes prevent timely reporting.

Protecting our children is not just the responsibility of the Government. It requires a collective effort from families, schools, churches, and communities. With increased support for the CPFSA, expansion of foster care, national-awareness campaigns to encourage community action, and greater efficiency in the family courts, Jamaica can build a more effective child-protection system. Upholding the principles of UNICESCR, Jamaica must recognise that child protection is not simply a social responsibility but a human- rights imperative. True justice is only achieved when every child, regardless of their circumstances, is given the opportunity to grow up in a safe and nurturing environment.

Shari-Ann Henry is the junior shadow spokesperson on justice. Send feedback to henryshariann7@gmail.com and columns@gleanerjm.com.