HUGH WOODING LAW SCHOOL HUMAN RIGHTS LAW CLINIC 2015-2016 PRESENTS:
FOREWORD Due to the increasing use of social media, child abuse is being brought to light resulting in a growing national dialogue. In light of this dialogue, we, the students of the Human Rights Law Clinic 2015-2016, of the Hugh Wooding Law School, launched the Innocence Campaign to ensure that the voices of the children who face child abuse whether sexual, physical or mental are heard. This booklet forms part of the campaign as it intends to highlight the prevalence of child abuse and most importantly the real life consequences that child abuse has on the life of child. These consequences are far reaching; impacting a child’s health, psychology and the holistic development that carries over into that child’s adult life. It is our hope that this booklet would allow adults to appreciate the consequences of their actions and empower children who are abused by bringing awareness to effects of abuse. This booklet also seeks to educate adults about what they can do to help combat and prevent child abuse. It is the responsibility of every adult to protect the innocence of children as children lack the agency necessary to protect themselves.
“Child abuse casts a shadow the length of a lifetime” – Herbert Ward
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RIGHTS OF A CHILD All children have fundamental rights by reason of being human beings. These rights are universal and inalienable. These rights are specifically adapted to the child because they take into account his fragility, specificities and age-appropriate needs. The United Nations' Convention on the Rights of the Child is the first legally binding international instrument to incorporate the full range of human rights—civil, cultural, economic, political and social rights of a child. The Convention on the Rights of the Child is based on five core principles, namely the principle of non-discrimination, the best interests of the child, the right to life, survival and development, and considering the views of the child in decisions which affect them. National governments that ratify the Convention commit themselves to protecting and ensuring children's rights, and agree to hold themselves accountable for this commitment before the international community. Trinidad and Tobago is a party to this Convention. The Convention on the Rights of the Child has been incorporated through various pieces of legislation in Trinidad and Tobago which reflect the principles, concepts and measures of the Convention. These pieces of legislation include the Children’s Act 2012, the Family Law (Guardianship of Minors, Domicile and Maintenance) Act, 1981 and the Adoption of Children Act, 1946.
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WHAT IS CHILD ABUSE? Child abuse or maltreatment constitutes all forms of physical and/or emotional ill-treatment, sexual abuse, neglect or negligent treatment or commercial or other exploitation, resulting in actual or potential harm to the child's health, survival, development or dignity in the context of a relationship of responsibility, trust or power. (World Health Organisation, 1999).
WHAT ARE THE TYPES OF CHILD ABUSE?
Physical abuse;
Physical abuse is non-accidental trauma or physical injury caused by punching, beating, kicking, biting, burning or otherwise harming a child, physical abuse is the most visible form of child maltreatment. Many times, physical abuse results from inappropriate or excessive physical discipline.
Verbal abuse;
Verbal abuse is the excessive use of language to undermine a child’s dignity and security through insults or humiliation, in a sudden or repeated manner.
Emotional or psychological abuse;
Emotional abuse is the ongoing emotional maltreatment or emotional neglect of a child. It's sometimes called psychological abuse and can seriously damage a child's emotional health and development. Emotional abuse can involve deliberately trying to scare or humiliate a child or isolating or ignoring them.
Sexual abuse; or
Child sexual abuse or child molestation is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse 3|Page
include asking or pressuring a child to engage in sexual
activities (regardless
outcome), indecent
exposure (of
of the
the genitals,
female nipples, etc.) to a child with intent to gratify their
own sexual
desires or
to
intimidate
or groom the child, physical sexual contact with a child, or using a child to produce child pornography.
Neglect and negligent treatment.
Neglect is the ongoing failure to meet a child's basic needs and is the most common form of child abuse. A child may be left hungry or dirty, without adequate clothing, shelter, supervision, medical or health care. A child may be put in danger or not protected from physical or emotional harm.
WHAT ARE THE EFFECTS OF CHILD ABUSE? According to a study by Draper et al., 20071, the long-term impact of child abuse is far-reaching and without the right support, the effects of childhood abuse can last a lifetime: Child abuse survivors demonstrate:
Poor mental health. They are almost two and a half times as likely to have poor mental health outcomes;
Unhappiness. They are four times more likely to be unhappy even in much later life;
Poor physical health. They are more likely to have poor physical health.
1
Long-term effects of childhood abuse on the quality of life and health of older people: results from the Depression and Early Prevention of Suicide in General Practice Project. Draper et al., 2007 School of Psychiatry, University of New South Wales, Sydney, New South Wales, Australia.
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Childhood physical and sexual abuse:
Increases the risk of having three or more medical diseases, including cardiovascular events in women;
Causes a higher prevalence of broken relationships, lower rates of marriage in late life;
Causes lower levels of social support and an increased risk of living alone;
Is associated with suicidal behaviour, increased likelihood of smoking, substance abuse, and physical inactivity. The impact of child abuse does not end when the abuse stops and the long-term
effects can interfere with day-to-day functioning. Over two decades of research have demonstrated potential negative impact of child abuse and neglect on mental health including:
depression;
dissociation;
sexual difficulties;
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anxiety disorders;
poor self-esteem;
aggressive behaviour;
suicide attempts;
eating disorders;
use of illicit drugs;
alcohol abuse;
post-traumatic stress;
self-harming behaviours; or
personality disorders.
Victims of child abuse and neglect are more likely to commit crimes as juveniles and adults.
WHAT CAN A CHILD DO IF BEING ABUSED? No child deserves to be abused and child abuse is never the fault of the child. Therefore, children should not feel ashamed to speak out and seek help in the erroneous belief that they have done something wrong. Children are encouraged to speak out and report their offenders. 1. Speak out! Children are sometimes made to feel as though their voices are less valuable and because of their innocence and naivety may arguably be regarded as the most vulnerable group in society. For the abused child who has been betrayed, often times, by the person who he trusted the most, it is difficult for him to find the courage to speak to and confide in another adult. However, it is important that the abused child be vocal about his abuse because this is the first step to ending it. The person who they speak to may be able to get help for him and bring the abuser to justice. Some persons who the child may want to go to are:
A parent;
A teacher;
A sibling;
A relative;
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A friend;
A police officer;
A religious leader;
The parent of a friend; or
A school counsellor. Some of these persons have daily or regular interactions with the child, so it is
important also that they be wary of some of the signs of abuse and hence prompt the child to speak out. 2. Report it! Aside from speaking to a confidant, the child may take the bold and courageous move to report his abuser. The child may: Call the police at 999; Report the crime on the toll free hotline 555; Call child-line at 800-4321 ChildLine2 aims to ensure that children in Trinidad & Tobago live in an environment free from physical, emotional, sexual and psychological violence. It aims to provide access to quality and confidential psychosocial counseling, life skills information, including sexual reproductive health and HIV, as well as referral to specialized services. ChildLine is the only telephone helpline dedicated to children, adolescents and young adults. When you call ChildLine, (i) all calls are 100% free; (ii) All calls are private and confidential; and (iii) ChildLine is open 24 hours a day, every day of the year. Anyone under the age of twenty-five (25) years who is being sexually, physically and emotionally abused is welcome to call ChildLine and get advice or just have someone to talk to. 2
https://www.childinett.org – ChildLine Trinidad and Tobago
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How does calling ChildLine work? Simply dial 131 or 800-4321: Together, you and the listener talk about your concerns and try to find solutions. If necessary, the listener can give you information about other places to get help.
WHAT CAN AN ADULT DO IF A CHILD IS BEING ABUSED? 1. Know the Effects of Abuse! Parents should learn about the effects of child abuse, they should understand that one slap or verbal outburst in a fit of rage could do more harm than good. It’s time for us to realise that the “good West Indian discipline” that we so proudly boast of, have long term emotional and psychological effects on our children. One Harvard report3 suggests that when verbal abuse is constant and severe, it creates a risk of posttraumatic stress disorder. The research on which the report is based points out that children who are the target of frequent verbal mistreatment exhibit higher rates of physical aggression, delinquency, and social problems than other children. When children misbehave, it is almost reflex reaction for some parents to give that child a spanking. In fact, no parent would consider this to be “physical abuse” but rather they see it as disciplining. However, spanking demonstrates that it is perfectly acceptable to hit another person. Children tend to mimic those who they are most close 3
“Verbal Beating hurt as much as sexual abuse”, Havard http://www.news.harvard.edu/gazette/story/2007/04/verbal-beatings-hurt-as-much-as-sexual-abuse
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Gazette.
to so they are more likely to hit other children or persons as a perception is created that you should hit someone if they do something “wrong”. If parents and adults become aware of these effects of abuse then they would be less likely to engage in physical or verbal abuse. 2. Learn the Signs of Abuse! Parents and adults who interact frequently with children such as teachers should know the signs of abuse so that they do something to assist children in abusive situations. Once it becomes apparent that a child is experiencing abuse, adults should act immediately to remove the child from the situation. The following signs4 displayed by the child may signal the presence of child abuse:
Shows sudden changes in behaviour or school performance;
Has not received help for physical or medical problems brought to the parents’ attention;
Has learning problems (or difficulty concentrating) that cannot be attributed to specific physical or psychological causes;
Is always watchful, as though preparing for something bad to happen;
Lacks adult supervision;
Is overly compliant, passive, or withdrawn;
Comes to school or other activities early, stays late, and does not want to go home;
Is reluctant to be around a particular person;
Discloses maltreatment.
Consider the possibility of physical abuse when the child: 4
Child Welfare Information Gateway. (2013). What is child abuse and neglect? Recognizing the signs and symptoms. Washington, DC: U.S. Department of Health and Human Services, Children’s Bureau.
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Has unexplained burns, bites, bruises, broken bones, or black eyes;
Has fading bruises or other marks noticeable after an absence from school;
Seems frightened of the parents and protests or cries when it is time to go home;
Shrinks at the approach of adults;
Abuses animals or pets.
Consider the possibility of sexual abuse when the child:
Has difficulty walking or sitting;
Suddenly refuses to change for physical education class or to participate in physical activities;
Reports nightmares or bedwetting;
Experiences a sudden change in appetite;
Demonstrates bizarre, sophisticated, or unusual sexual knowledge or behavior;
Runs away.
3. Report it! If a child is being abused and an adult finds out, he should report the abuse as soon as possible so as to prevent further harm to the child. An adult may: Call the police at 999; Report the crime on the toll free hotline 555; or Make a report to the Children’s Authority
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The Children’s Authority of Trinidad and Tobago5 is a specialised agency with the responsibility for the care and protection of children, especially those who are at risk or have been victims of abuse or neglect. The Authority advocates for the rights of children. The organisation’s overarching objective is to utilise child-friendly and progressive solutions to address children’s issues and rehabilitate them so that their full potential is realised. There are several ways in which a person can contact the Children’s Authority to make a report. They are as follows:
Call the Children’s Authority Hotline: 996 or 800-2014
Send a fax: 625-4986
Email a report: Registry@ttchildren.org
Mail a report: 35A Wrightson Road, Port-of-Spain, Trinidad
What happens when you make a report to the Children’s Authority? When you make a report to the Children’s Authority, the information is taken by one of their Children’s Services Associates, who will obtain as much information as possible on the child. The Children’s Services Associate receiving the report will enter the data into a highly secure and confidential database. Reporters will be given an identification number, which can be used to receive a brief update on the stage at which the report has reached. Details will not be provided on any case because of the child’s right to privacy. The level of urgency will be determined and an investigation will follow.
5
https://ttchildren.org – Children’s Authority of Trinidad and Tobago
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OFFENCES Children’s Act, Act No. 12 of 2012
The offence of cruelty is committed where a person responsible for a child treats or allows the child to be treated in such a way that damages the child physically, mentally or emotionally: section 4(1). An offender is liable summarily to a fine of five thousand dollars ($5,000.00) and six years imprisonment or by indictment, fifty thousand dollars ($50,000.00) and ten years imprisonment: section 4(2).
A person who sexually penetrates a child commits an offence and is liable on conviction on indictment to imprisonment for life: section 18. Penetration of a child includes: (a) the insertion of any body part or any object into a child's bodily orifice; or (b) the insertion of a part of a child's body into a person's bodily orifice.
A person who sexually touches a child under sixteen years (16) commits an offence and is liable, upon summary conviction, to a fine of fifty thousand dollars ($50,000.00) and to imprisonment for 10 years or (b) on conviction on indictment to imprisonment for 20 years: section 19. Touching in relation to a child includes (a) bringing a part of a person’s body or an object into contact with a part of the child’s body; or (b) causing a part of a child’s body to come into contact with a part of a person’s body.
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Sexual Offences Act, Chap 11:28
Rape is an offence where an adult has sexual intercourse with a child under twelve years; the offender is liable to imprisonment for the rest of his natural life: section 4(2).
Incest is where a person, knowing himself to be the blood relative of another has sexual intercourse with that person. The person is liable on conviction to imprisonment for life: section 9.
Buggery is sexual intercourse per anum and where committed by a person, he is liable on conviction to imprisonment for twentyfive years: section 13.
Indecent assault is an assault accompanied by words or circumstances indicating an indecent intention. Where the offence is committed, the penalty is five years imprisonment: section 16.
Where a person without reasonable excuse fails to report any suspected sexual abuse against a minor to a police officer as soon as reasonably practicable, he is liable summarily to $15,000 and/or seven years imprisonment. No report made to a police officer shall, if such report was made in good faith for the purpose of complying with those provisions, subject the person who made the report to any action, liability, claim or demand whatsoever: section 31.
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MYTHS AND FACTS ABOUT CHILD ABUSE AND NEGLECT MYTH #1: It's only abuse if it's violent. FACT: Physical abuse is just one type of child abuse. Though neglect and emotional abuse are more subtle, it can be just as damaging. MYTH #2: Only bad people abuse their children. FACT: While it's easy to say that only "bad people" abuse their children, it's not always so black and white. Not all abusers are intentionally harming their children. Many have been victims of abuse themselves, and don’t know any other way to parent. MYTH #3: Child abuse doesn't happen in “good” families. FACT: Child abuse doesn't only happen in poor families or bad neighbourhoods. It crosses all racial, economic, and cultural lines. Sometimes, families who seem to have it all from the outside are hiding a different story behind closed doors. MYTH #4: Most child abusers are strangers. FACT: While abuse by strangers does happen, most abusers are family members or others close to the family. MYTH #5: Abused children always grow up to be abusers. FACT: It is true that abused children are more likely to repeat the cycle as adults, unconsciously repeating what they experienced as children. On the other hand, many adult survivors of child abuse have a strong motivation to protect their children against what they went through and become excellent parents.
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Student Attorneys:
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Riyana S. Gibson Tekiyah Jorsling Anala Mohan Jean-Marc Morris