Forde stresses public’s child protection role as laws takes effect

Social services minister Adrian Forde on Friday issued a rallying call for all Barbadians to be the “eyes and ears” for child protection, clarifying that mandatory reporting requirements already exist under the law and are not limited to new elder abuse legislation passed this week. 

Speaking to Barbados TODAY, the minister emphasised that the responsibility to protect vulnerable people extends beyond professional caregivers and is a duty for the entire community as the government rolls out three major protection acts.

Following the passage of the new elder abuse legislation this week in Parliament, Forde suggested that similar mandatory reporting requirements are already firmly embedded within child protection legislation, as well as in domestic abuse cases.

The responsibility to protect the vulnerable extends beyond professional caregivers to the entire community, he said. 

Forde noted that while current legislation mandates that professionals — particularly those in healthcare — report suspected abuse or face legal penalties, the government is now pushing for a “wider sensitisation” of the public.

The child protection law establishes strict accountability for adults in charge of a child. The law applies to any parent or person over the age of 18 who has custody, charge, or care of a child. It covers both active harm and the failure to provide necessary care.

Criminal liability is triggered by a wide range of harmful behaviours. This includes direct abuse, exposing a child to dangerous environments, or failing to protect them from external threats.

The statute also criminalises abandonment, desertion, neglect, and general mistreatment. Essentially, any act or failure to act that results in a child needing protection is considered an offence.

The legal consequences are severe to reflect the gravity of child cruelty. Upon summary conviction, an offender faces a fine of $100 000, a prison term of 10 years, or both.

Caregivers have a proactive legal duty to ensure a child’s safety, meaning that “doing nothing” in the face of danger is just as punishable as committing a direct act of harm.

Regarding the legal obligations and the safety of those who come forward, the minister said: “We have mandatory reporting as part of the child protection legislation… especially for those who render immediate care to our children. They are mandated to report if they see something… and failure to do that, there are certain legislative penalties that would apply.

“What we are saying, and we are trying to sensitise the wider Barbados about, is to have reporting not only being done and observed for our caregivers but for the wider population at large.

“The good thing about it is that if you made a report and it is not true in terms of what you think you observed, there are no repercussions. You don’t face the law court.”

When questioned about potential lack of protections or “grey areas” in the law, Forde maintained that the government is prepared to be agile. While the current legislation provides a strong foundation, Forde acknowledged that the implementation of all three major protection acts for children, the elderly and partners may reveal areas for improvement.

He said: “If there’s requirements [for more protection], then the regulations will speak to those idiosyncrasies or grey areas… We are a listening government. We are not perfect.”

“We are not going to get everything 100 per cent right, but once there are areas that we—after fleshing out the legislation—see that we need to review, that is what this government will do.”

Forde struck a somber tone regarding the necessity of these laws, acknowledging that while the government would prefer a society where such legislation is redundant, current realities dictate a firm legal hand.

“The journey of a thousand miles begins with one step… we would not like as a government to have to bring Barbadians to court because they’ve run afoul of legislation that seeks to protect the basic rights of children,” Forde said. “We would like the day where we have no legislation because we would like the day where there’s no abuse, but that isn’t a perfect world.”

The government has pledged to review and take action based on information collected once the protection laws are fully in place.

(RR)