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MONTSERRAT2015 CHILD PROTECTION STATISTICAL DIGEST

MONTSERRAT2015 Child Protection Statistical Digest

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CONTENTS

Acknowledgements 3

What is Child Protection? 4

Convention on the Rights of the Child 5

Montserrat Profile 7

Legislation 8

Care and Protection of Children 10

Birth Registration 11

Children in Conflict with the Law 12

Child Abuse 15

Children in Alternative Care 18

Statistical Annex 19

Reference 23

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Acknowledgements

UNICEF would like to acknowledge the contributions of:

Ministry of Health and Social Services

Ministry of Finance and Economic Management

Royal Montserrat Police Force

The Supreme Court

The Registrar

Ministry of Education Youth Affairs and Sports

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What is Child Protection? Child protection refers to preventing and responding to violence, exploitation and abuse against children – including commercial sexual exploitation, trafficking and child labour. Child protection programmes target children who are uniquely vulnerable to these abuses, such as when living without parental care, in conflict with the law and in armed conflict.

Violence, exploitation and abuse occur in the homes, families, schools, care and justice systems, workplaces and communities across all contexts, including as a result of conflict and natural disasters. Many children are exposed to various forms of violence, exploitation and abuse, including sexual abuse and exploitation armed violence, trafficking, child labour, gender-based violence, bullying, cyber-bullying, gang violence, physically and emotionally violent child discipline, and other harmful practices.

All children have the right to be protected from violence, exploitation and abuse. Some girls and boys are particularly vulnerable because of gen-der, race, ethnic origin and/or socio-economic status. Higher levels of vulnerability are often associated with children with disabilities, chil-dren who are migrants, orphaned, indigenous and from ethnic minorities, and other marginal-ized groups. Other risks for children are associat-ed with living and working on the streets, living in institutions and detention, and living in com-munities where inequality, unemployment and poverty are highly concentrated. Vulnerability is also associated with age; younger children are at greater risk of certain types of violence, and the risks differ as they get older.

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CONVENTION ON THE RIGHTS OF THE CHILD

2014 marked the 25th anniversary of the Convention on the Rights of the Child (CRC). It is the most rapidly and widely ratified international human rights treaty in history. More countries have ratified this Convention than any other human rights treaty in history – as at 20 January 2015, only the United States of America was left to ratify the Convention. The Convention changed the way children are viewed and treated – that is, as human beings with a distinct set of rights instead of as passive objects of care and charity.

The Convention sets out the rights that must be realized for children to develop their full potential, free from hunger and want, neglect and abuse. It reflects a new vision of the child. Children are neither the property of their parents nor helpless objects of charity. They are human beings and are the subject of their own rights. The Convention offers a vision of the child as an individual and as a member of a family and community, with rights and responsibilities, appropriate to his or her age and stage of development. By recognizing children’s rights in this way, the Convention firmly sets the focus on the whole child. The Convention and its acceptance by so many countries have heightened recognition of the fundamental human dignity of all children and the urgency of ensuring their well-being and development. The Convention makes clear the idea that a basic quality of life should be the right of all children, rather than a privilege enjoyed by a few. The unprecedented acceptance of the Convention clearly shows a wide global commitment to advancing children’s rights.

Indeed, there was much to celebrate on the 25th anniversary of the Convention, from declining infant mortality to rising school enrolment. This historic milestone, however, also served as an urgent reminder that much remains to be done; too many children still do not enjoy their full rights on par with their peers. Montserrat committed itself to protecting the rights of children when the United Kingdom extended the CRC on 7 September 1994. There are several expressed Articles of the Convention that speak very specifically to the obligation of States. Montserrat has made significant gains in ensuring that national laws, policies and practices conform to the spirit and intent of the Convention, but needs to do more.

The Optional Protocols on the involvement of children in armed conflict (CRC-OP-AC), the sale of children, child prostitution and child pornography (CRC-OP-SC), and on communication procedures have not yet been extended to Montserrat.

Advancing the CRC – Optional Protocols Optional protocols complement and add to existing treaties. They are “optional” because the obligations may be more demanding than those in the original convention, so States must independently ratify them. Optional protocols are treaties in their own right and are open to signature, accession, or ratification by States that are party to the main treaty.

To help stem the growing abuse and exploitation of children worldwide, the United Nations General Assembly in 2000 adopted two Optional Protocols to the Convention on the Rights of the Child to increase the protection of children from involvement in armed conflicts and from sexual exploitation. On 14 April 2014, a third Optional Protocol was adopted, allowing children to bring complaints directly to the Committee on the Rights of the Child. The Committee will then investigate the claims and can direct governments to take action.

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MontserratBackground

Montserrat is located in the Leeward Islands Group in the Eastern Caribbean and has an area of 39.5 square miles (102 km2). The geographic coordinates of the island are 16.45N and 62.12W, and the island lies 27 miles southwest of Antigua and 40 miles northwest of Guadeloupe.

The eruption of the Soufriere Hills volcano in 1995 radically altered the course of Montserrat’s development. The island lost two-thirds of its habitable space of 103 km2 although volcanic deposits added to the total area by pushing back shorelines, especially on the south-eastern coast.1

The eruption resulted in two-thirds of the country declared as unsafe and the remaining inhabitants relocating to the north of the island. In addition to the loss of land space, there was a loss of population, arable land, use of air and sea ports, health infrastructure and equipment as well as technical expertise.

By 1997, volcanic activity had intensified to an extent that the already-displaced population of the south were forced to move further north precipitating a severe housing shortage in the northern areas. The British and local governments responded by implementing an incentive programme for depopulation, which resulted in the mass exodus of around 70 per cent of the island’s people, mainly women and their school-aged children. In 2014, the mid-year population was estimated to be 4,976 (Montserrat Statistics Department) compared with 11,314 in 1991.

Key Indicators

Land (sq. miles) 49

General Population 4,976*

Population Density( persons per sq. miles) 131*

School-age population (5-16 yrs) 807*

Net primary school enrolment rate (%) 74.9**

Net secondary school enrolment rate 82.5

Note: * Montserrat Statistics Department ** OECS Education Statistical Digest 2012-2013

1 See www.gov.ms/wp-content/uploads/2012/06/Montserrat-Youth-Policy-draft-2-4.pdf

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LEGISLATION

Montserrat is an overseas territory of the United Kingdom and falls under the jurisdiction and sovereignty of the United Kingdom.

The laws of Montserrat were last revised and consolidated on 1 January 2008, and new editions came into force on 15 October 2009. O n e l a w h a s implications for the Rights of the Child has been enacted: The Status of Children Act 2012, which abolishes the distinction between legitimate and illegitimate children and provides for the equal status of children. Two Acts have been repealed and replaced by the Labour Code 2012: the Employment of Young Children Prohibition Act (Cap 15.03) and the Employment of Women, Young Persons and Children Act (Cap 15.03).

An amendment to the Penal Code Cap 04.02 has been enacted, which aims to protect the rights of the child: Sexual Exploitation” in Section 138B, “dealing in people under 18 for sexual exploitation”. Section 138B makes it an offence to inter alia, sell, buy, transfer, barter, rent, hire, or in any other way enter into a deal involving a person under the age of 18 for the purpose of the sexual exploitation.

A Status of Children Act 2012 removed the classification of legitimate and illegitimate children under the Registration of Births & Deaths Act (Cap 6.13).

Draft Bills on Adoption, Foster Care and Juvenile Justice have been prepared and are currently being reviewed by the Legal Department. The purpose of the Child Care and Adoption Bill is to provide for the care and protection of children and for other related matters. The Bill is based on the recognition of the need to take legislative action to safeguard and promote the welfare of children. It provides that in all actions and decisions made pursuant to the provisions of the Bill concerning a child, the safety, welfare and well-being of the child shall be of paramount consideration, and the same principle shall apply where a child has been removed from his or her parents. As of August 2015, the Bill was under review by a legal consultant.

The following Acts and legislation make provision for the care and protection of children:• Adoption of Children Act (2002)• Child Abduction and Custody Act (2002)• Guardianship of Infants Act (2002)• Family (Protection against Domestic Violence) Act (2002)• Juvenile Act (2008)

CHILDREN’S RIGHTS Article 4 (Protection of Rights): Governments have a respon-sibility to take all available measures to make sure children’s rights are respected, protected and fulfilled. When countries ratify the Convention, they agree to review their laws relating to children. This involves assessing their social services, legal, health and educational systems, as well as levels of funding for these services. Governments are then obliged to take all nec-essary steps to ensure that the minimum standards set by the Convention in these areas are being met. They must help fam-ilies protect children’s rights and create an environment where they can grow and reach their potential. In some instances, this may involve changing existing laws or creating new ones. Such legislative changes are not imposed, but come about through the same process by which any law is created or reformed with-in a country. Article 41 of the Convention points out the when a country already has higher legal standards than those seen in the Convention, the higher standards always prevail.

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• Education Act (2008)• Labour Code (2012)• Legitimacy Act (2002)• Maintenance of Children Act• Marriage Act (2002)• Penal Code (2008)• Penal Code (Amendment) Act (2010)• Penal Code (Amendment) Act (2014)• Probation of Offenders Act (2002)• Status of Children Act (2012)• Welfare Act (1999).

Definition of a Child/Juvenile Under the Juveniles Ordinance, a child is a person under the age of 14 and a juvenile a person above that age but under the age of 16. An individual becomes of full age, with civil rights, at the age of 21, but other ages are relevant for certain legal purposes.

© UNICEF/ECA/(2015/TFergus)

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CARE AND PROTECTION OF CHILDRENThe Penal Code provides for sanctions in cases of abandonment, assault and neglect, in particular when a parent or other person legally liable to maintain a child or young person shall be deemed to have neglected them in a manner likely to cause injury to their health or have failed to provide adequate food, clothing, medical aid or lodging for the child.

The Juvenile Act is the main legislation that provides protection to children. Section 3 provides that, when a juvenile is brought to any court, in need of care or protection, or as an offender or otherwise, he or she must be given due consideration for the juvenile’s welfare. Furthermore, if the court deems it necessary, it must take steps towards removing the juvenile from the undesirable surroundings.

In 2012, the Ministry of Health and Social Services issued a Child Protection Booklet aimed at professionals and people working directly with children. The Booklet was envisioned to act as a Policy and Procedural Guideline for use across multiple agencies to educate and raise awareness on child abuse. It also includes information on identifying potential signs of abuse in children, both physical and behavioural. A guide for parents is also included to raise awareness of abuse and to assist them in their important and sometimes difficult role of bringing up a child.


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BIRTH REGISTRATION

The Immigration Act establishes that a person under the age of 18 years shall be deemed to belong to Montserrat if they are the child, stepchild, or adopted child (having been adopted in a manner recognised by the law of Montserrat) of a person who belongs or is deemed to belong to Montserrat.

In common with the other Overseas Territories, the citizenship of the Montserrat is British overseas territories citizenship (BOTC), conferred by the British Nationality Act 1981, and the full range of rights and entitlements is reserved for those who have Belonger status. According to the Immigration Act, a person shall be deemed to belong to Montserrat if he or she is a citizen of a British Dependent Territory and acquired this status by birth in Montserrat after 1 January 1983 to a parent who at the time of the birth was a citizen of a British Dependent Territory under the provisions of the British Nationality Act 1981.2

Name and nationalityUnder the Registration of Births and Deaths Law, notice of a birth is required to be given to the Registrar within 21 days after the birth. The change of a name in the Register thereafter is subject to strict regulation, and the original entry must not be erased.

Chart 1Births 2009-2014

Source: Montserrat Statistics Department

In Montserrat 100 per cent of all births (live and still) are usually covered; however, in 2012, there was one unregistered birth.

2 Morlachetti (2015).

HUMAN RIGHTS The Convention on the Rights of the Child (1989) calls for the registration of a child immediately after birth (Article 7).

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CHILDREN IN CONFLICT WITH THE LAW

In Montserrat, the administration of Juvenile Justice falls within the following legislation:• Montserrat Constitution Order (2010) • Juvenile Act • Juvenile Courts Act • Penal Code • Probation Offenders Act.

A child cannot be convicted of a criminal offence at the age of ten years or under. A child over this age but under the age of 14 may only be convicted of a criminal offence if it is proved that he or she had the capacity to know that he/she ought not to do the act or make the omission. The Juvenile Court usually deals with children or young people. Juveniles may also be tried in the Magistrates Court, or in serious cases in the High Court, if charged jointly with an adult.

Additionally, under the Juvenile Act, if a minor under 16 years of age jointly commits an offence with an adult, he or she can also tried as an adult. The CRC and its principles related to juvenile justice (Arts 37 and 40) must be fully applicable to children up to 18 years of age without exceptions.

No persons other than the members and officers of the court and the parties to the case, including the parents or guardian of the juvenile concerned, their solicitors and counsel and other persons directly concerned in a case before a Juvenile Court shall, except by the leave of the court, be allowed to be present during the hearing of any proceedings before the court. When a juvenile (over the age of 10 and under the age of 16) is found guilty of an offence by a Juvenile Court, the Court may make an order committing him to custody, to the care of a fit person, or to the supervision of a probation officer for a period of three years. The Court must be satisfied that a custodial sentence is in the best interests and for the welfare of the juvenile. Juveniles who are detained are required to be kept separately from adults. Corporal punishment may not be awarded.3

In Montserrat, the minimum age of criminal responsibility is 10 years. In addition, a juvenile between 10 and 14 years of age is not criminally responsible for an act or omission unless it is proven that at the time of the act or omission, the child had the capacity to know that he or she ought not to do the act or make the omission.

3 Morlachetti (2015).

HUMAN RIGHTSAccording to Articles 37 and 40 of the Convention on the Rights of the Child (1989), children in conflict with the law have the right to treatment that promotes their sense of dignity and worth, takes into account their age and aims at their reintegration into society. Also, placing children in conflict with the law in a closed facility should be a measure of last resort, to be avoided whenever possible. The Convention prohibits the imposition of the death penalty and sentences of life imprisonment for offences committed by persons under the age of 18.

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Chart 2Juvenile Arrests 2009-2014

Source: Royal Montserrat Police Service

During the period under review (2009 – 2014), a total of 18 children were arrested in Montserrat, of which the largest amount (9) were arrested in 2009. This accounted for half (50 percent) of all arrests during the five years under review. In the following years, this number decreased, and in 2010, 2013 and 2014, two children were arrested each year. In 2013, three children were arrested. There were no arrests of children in 2011.

Chart 3Age Distribution of Children Arrested 2009-2014


During the 2009–2014 period, children arrested in Montserrat ranged from 13 to 16 years of age: children 15 years of age accounted for 55.5 per cent of all arrests during the five-year period; children 14 years of age accounted for 33.3 per cent; and children aged 13 and 16 each accounted for 5.5 percent of all arrests.

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Chart 4Key Offences of Children Arrested 2009-2014


The most common offence committed by children during this period under review was burglary, which accounted for one third of all offences. The largest number of burglary offences were committed in 2009 with four offences; this number declined in the following years, to one offence annually between 2010-2013. No children were charged with burglary offences during 2014.

There were five arrests for theft and three for criminal damage.

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CHILD ABUSE

The Department of Social Services is the government agency tasked with the care and protection of children. The Police are responsible for investigating all reports of abuse and neglect regarding children and vulnerable members of society. They work in partnership with the Department of Social Services to ensure that victims and persons affected by abuse receive the necessary care, treatment and rehabilitation.

Once a report of child abuse is made to either the police or social services, an investigation is launched. This aims to stop any further occurrence of abuse to that child, ensure that he or she is placed in a safe environment, and bring offenders to justice. The legislation of Montserrat provides adequate coverage to deal with incidents of child abuse. A number of child abuse and sexual offences and punishment can be found in the Penal Code. These offences carry a wide range of penalties from six months in prison and fines to life imprisonment. Examples are listed below:4

Section 193 Cruelty to childrenSection 117 Rape Section 118 Incest by a manSection 119 Incest by a womanSection 120 Sexual intercourse with a girl under the age of 13Section 121 Unlawful sexual intercourse under the age of 16Section 122 Indecent assault on a womanSection 123 Indecency with childSection 124 Permitting girls under thirteen for sexual intercourseSection 125 Causing or encouraging prostitution of a girl under 16Section 126 Procurement of woman by threatsSection 128 Administering drugs to facilitate intercourseSection 129 Causing prostitution of womanSection 131 Man living on earnings of prostitutionSection 136 Letting premises for use as brothelSection 137 Unnatural offences.

4 http://police.gov.ms/community-policing/kiddies-korner/

CHILDREN’S RIGHTSStates Parties that recognize the Convention on the Rights of the Child (1989) undertake to protect children from all forms of sexual exploitation and sexual abuse including exploitative use in prostitution and pornography (Article 34), which the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (2000) further refines. Article 34 states that measures should be taken to prevent inducement or coercion of a child to engage in any unlawful sexual activity. The exploitative use of children in prostitution or other unlawful sexual practices and the exploitative use of children in pornographic performances and materials.

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Chart 5Reported Cases of Child Abuse 2010-2014

Source: Department of Social Services

There was a total of 76 reported cases of child abuse during the five-year period under review. The highest number of cases (28) were reported in 2014 and the lowest (1) in 2010.

The highest number of cases recorded involved neglect and emotional abuse. This category recorded the highest total with 36 cases, or 47.3 per cent of all reported cases for the period.

There was a total of 19 reported cases of physical abuse, largest number of which were reported in 2014. There were no reported cases of physical abuse in 2010 or 2011; however, one case was reported in 2012, six cases in 2013, and 12 cases in 2014, an increase of 100 per cent.

During the period under review, a total of 21 cases of sexual abuse were reported. In 2010, one case and in 2011, three cases were reported. The number of cases peaked in 2012 and 2014, with six reported cases.

It should be noted that there were no reported cases of abandonment in Montserrat during the five-year period under review.

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Chart 6Reported Cases of Abuse by Sex of Abused Children 2010-2014


There were more reported cases of physical abuse towards boys than girls during the period under review; of the 19 cases reported, 73.7 per cent (14) were boys.

There were also more reported cases of neglect and emotional abuse against boys than girls; of the 36 cases reported, 63.9 per cent (23) were boys.

There were no reported cases of sexual abuse of boys during the period under review. The total number of boys abused (physical and neglect/emotional) for the period was 37 and the total number of girls was 39.


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CHILDREN IN ALTERNATIVE CARE

The Government of Montserrat remains committed to ensuring that all children are comfortably placed in homes with families. Children who are temporarily or permanently deprived of their parents care and protection are provided with alternative forms of care; either kinship care or foster care.

Kinship CareKinship care is an arrangement where a child who cannot be cared for by their parent(s) is placed under the care of a relative or a family friend. Kinship care is the full-time care, nurturing and protection of children by relatives, members of their tribes or clans, godparents, step-parents, or any adult who has a kinship bond with a child. This definition is designed to be inclusive and respectful of cultural values and ties of affection. It allows a child to grow to adulthood in a family environment.5

Traditionally, children placed in kinship care was seen as the norm in Montserrat. However, the migration of family members as a result of the 1997 volcano impacted negatively on kinship fostering.

During the volcano crisis, many family members migrated overseas; hence, the extended family are not on island to assist in taking care of vulnerable children. This impacted on the kinship care model. With the kinship model, a child whose parent has died or who is unable to take care of his or her child is taken care of by an aunt, cousin, grandparents, etc.

Foster Care The development of an efficient Foster Care system is also a priority for the Government of Montserrat and The Social Services Department has developed the Foster Care Policy Framework and a Foster Care Handbook. The Policy Framework will strengthen the recruiting and retaining of professional foster carers and will also result in trained assessors to monitor and evaluate placements. It is anticipated this system will be in place by the end of 2016.

5 See www.opm.gov/policy-data-oversight/worklife/reference-materials/kinship-care/

CHILDREN’S RIGHTSWhile children have the right to be cared for by their parents or family, a child who no longer has a family, has become separated from his or her family, or whose family presents serious danger to his or her health or development has the right to alternative care. Article 20 of the Convention on the Rights of the Child states: “A child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State. This should be in accordance with national laws to ensure alternative care, adoption or if necessary placement in suitable institutions for the care of children.”

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Chart 7Children in Alternative Care: Kinship & Foster Care 2009-2014


During the period under review, 2009 to 2014, a total of ten children were placed in alternative care. It should be noted that there were no reported cases of children being placed in alternative care in 2013. The largest number of children were placed in care in 2012 and 2010, with 5 and 2 children, respectively. In 2011 and 2014, one child was placed in care in each year.

Five of the ten children who were placed in alternative care entered into a kinship care arrangement; the other half were placed in foster care arrangements.

In 2012, there were four kinship placements among children in alternative care. In 2009, one child was placed in kinship care; there were no kinship placements in 2010, 2011 or 2014.

Two children were placed in foster care in 2010 and one child was placed in foster care in 2011, 2012 and 2014.

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STATISTICAL ANNEX

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Table 1

Juvenile Arrests 2009-2014

Year Sex Age Offence

2009 Male 15 Burglary

2009 Male 15 Handling Stolen Goods

2009 Male 13 Assault Police, Indecent Language, Insulting Language, Threatening Language

2009 Male 14 Theft



2009 Male 15 Criminal Damage


2009 Male 14 Theft


2010 Male 15 Criminal Damage

2011 0 0 0

2012 Male 14 Theft


2012 Female 14Criminal Damage, Assault, Threatening Language, Insulting language

2013 Male 15 Theft


2014 Male 15 Theft

2014 Male 15 Wounding


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Table 2

YEAR

Registry Department Medical Records

Registered Birth by Year of

Registration

Registered Birth by Year of Birth

Still Births

Registered in the

Following Calendar

Year

Unregistered Births

Still Births

Live Births

Total Births

2000 49 49 1 4 0 1 48 49

2001 50 48 1 2 0 1 47 48

2002 54 55 1 3 0 1 54 55

2003 46 43 3 0 0 3 40 43

2004 45 48 1 3 0 1 47 48

2005 66 64 1 1 0 1 63 64

2006 49 50 1 2 0 1 49 50

2007 44 44 2 1 0 1 43 44

2008 70 74 1 5 0 2 72 74

2009 56 51 1 1 0 1 50 51

2010 58 62 0 5 0 0 62 62

2011 48 46 0 3 0 0 46 46

2012 50 52 0 5 -1 0 53 53

2013 43 41 0 3 0 0 41 41

2014 55 52 2 1 0 2 50 52

Total 783 779 14 39 -1 14 765 780

Prepared by the Statistics Department, Ministry of Finance and Economic Management, Montserrat

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Table 3

Type of Abuse Gender 2010 2011 2012 2013 2014

Physical MaleFemale

0 0 1 33

102

Sexual MaleFemale 1 3 6 5 6

Neglect/Emotional MaleFemale

0 34

73

54

82

Abandonment MaleFemale

0 0 0 0 0

Child in need - family support needed MaleFemale

54

42

23

75

87

Family relationship issues MaleFemale

0 0 1 12

Total 10 16 23 35 43


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REFERENCEMorlachetti, A. 2015. Current state of legislation in the British Overseas Territories from a children’s and women’s rights perspective (Draft Version). UNICEF Office for Barbados and the Eastern Caribbean.

Published by the UNICEF Office of the Eastern Caribbean AreaFirst Floor, UN House, Marine Gardens, Hastings

Christ Church, Barbados Tel: (246) 467 6000 Fax: (246) 426 3812

Email: [email protected] Website: www.unicef.org/easterncaribbean www.youtube.com/UNICEFeastcaribbean

October 2015

montserrat - unicef€¦ · montserrat committed itself to protecting the rights of children when...

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