Minister of People Empowerment and Elder Affairs Kirk Humphrey has stressed the urgent need for the justice system to promptly address cases involving minors, lamenting that children who suffer abuse too often have to wait until adulthood for their cases to be resolved.
Speaking at a judicial training session on international child abduction on Tuesday, he made a passionate call for swifter action across all agencies involved in child protection, including the courts.
Humphrey, a former manager at the Child Care Board, complained that it currently takes too long for cases to be processed.
“I’m not saying that in relation to the courts only, but in how long it takes to make a charge, the time it takes to do an investigation, the length of time it actually takes before the court,” he said.
“We’ve had cases where children are abused, and by the time they physically appear in court, they’re grown women. And it is my view that when the court sees a grown woman who’s been abused—with her multiple tattoos, if she has them, or a bad attitude, what is judged is the person before the court, and not the child.”
Humphrey said the process must be “child-friendly . . . in all ways, that allows a child to be given fair treatment”.
“It means that all of us must work to make sure that it takes a little less time,” he said.
He made the comments as several judges, attorneys, and other members of the legal fraternity gathered in the Arbitration Room of the Henry Forde and David Simmons Complex to take part in Judicial Training on International Child Abduction.
The event was hosted by the Judiciary of Barbados, in partnership with the Barbados Child Care Board and the Hague Network of Judges.
The 1980 Hague Convention of the Civil Aspects of International Child Abduction is a multilateral treaty which establishes a process for the swift return of children abducted by a parent across international borders to their country of origin, and it works to protect and ensure access rights to the child.
Pointing out that Barbados became a signatory to the convention in October 2019, Minister Humphrey stressed the need to strengthen all social agencies dealing with matters related to the protection of the rights of children.
He highlighted the high cost of pursuing international abduction cases and suggested exploring an expansion of legal aid to support families in such situations.
“The critical feature of the convention was the establishment of the Central Authority, which in fact is the Child Care Board . . . . They must manage, receive, and process the applications on abducted children . . . . I accept also that we must have that framework properly and legally established (and) we need to have this done in the shortest possible time. I believe that we have a responsibility to strengthen all of our institutions responsible for a lot of this important work in the social sector,” Humphrey said.
The minister noted that the government’s new social empowerment agency — merging the Child Care Board, National Disabilities Unit, Welfare Department, and National Assistance Board — would offer more comprehensive support for children and families.
Also highlighting the importance of the Hague Convention, Chair of the Family Law Council Justice Cicely Chase agreed that everything must be put in place to ensure that there is a proper and efficient procedure in place for the protection of children’s rights.
“Child abduction litigation, as seen from cases decided in our own jurisdiction, can be draining emotionally, time-consuming, yet rewarding for the best interests of the children, once the Hague Convention is adhered to. With heavy reliance on contracting states to the convention, an immediate improvement can be seen,” she noted.
Justice Chase stressed that Barbados’ participation in the Hague Convention could lead to significant improvements in protecting children’s rights and welfare, including the creation of a national children’s authority.
She acknowledged that the country is likely “behind” in implementing such a body but said the current judicial training would highlight the urgent need to establish it and outline steps to speed up the process. This, she noted, is essential if Barbados is to align with other countries that have signed the Convention.
Justice Chase added that as Barbados continues efforts at legal reform, the Convention could support increased international cooperation to safeguard children who have been abducted.
(JB)
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