Three important laws to ensure the development, well-being and protection of children, have just been promulgated.
The Children’s Act 2020, the Children’s Court Act 2020 and the Child Sex Offender Register Act 2020 were promulgated on 24 January 2022.
The Children’s Act 2020 provides for the setting-up of a Child Services Coordinating Panel which will be responsible for the coordination of all activities relating to: the implementation of this Act; the United Nations Convention on the Rights of the Child; and the African Charter on the Rights and Welfare of the Child.
Under this Act, “child” refers to a person under the age of 18 and as such, “no person shall cause or force a child to marry civilly or religiously.”
According to Minister of Gender Equality and Family Welfare, Mrs Kalpana Devi Koonjoo-ShahMinister Koonjoo-Shah some 40 marriages of minors were registered in 2021.
The law will not be retroactive, adding that officers of her Ministry will still provide assistance and support to these minors.
The Children’s Act 2020 also makes provision to address, among others, revenge pornography, sexual abuse on children, bullying and cybercrimes on children, while no child under the age of 14 shall be prosecuted for any criminal offence.
She added that since almost every child can easily access the internet, more severe sanctions have been devised against cyberbullying or any other online crime that may occur.
Minister Koonjoo-Shah also announced that a Child Sex Offender Register will be kept and managed by the Commissioner of Police. It will contain details such as the personal information of the registrable offender and the offence of which the offender has been convicted.
These details, she indicated, may be shared with international institutions and collaborators.
The Children’s Court Act 2020 provides for a Children’s Court, which is operational since 24 January 2022. The Children’s Court consists of a Protection Division as well as a Criminal Division, and aims at providing the best environment to record a a child’s statement.
