Vul ana

The child protection system – belize, c.a.

A
VULNERABILITY
ANALYS IS

THE CHILD PROTECTION SYSTEM - BELIZE, C.A….

A Vulnerability Analysis

Published by the Government of Belize through the Ministry of Human Development,
Local Government and Labour.

Written by Diana Marian Shaw

The author extends sincere thanks to the many persons who were interviewed and who
shared their stories. A special thanks to the nurses, doctors, teachers, school managers,
social services practitioners, magistrates, policemen and policewomen and all those who
gave their time and contributed toward the publication of this book.

This report has been published with the technical and financial support of the United
Nations Children Fund (UNICEF).

First Published:

Any part of this report may be freely reproduced. Prior permission is not necessary but
accreditation would be appreciated.

ii

Table of Contents
Introduction i Chapter 4

Executive Summary ii LITERATURE REVIEW

Literature Review 17

International Conventions 22

Local Legislation 22

C H A P T E R 1

RESEARCH TOPIC C H A P T E R 5

Research Question 4 STAKEHOLDERS AND AGENCIES–FINDINGS

Study Objectives 4 DHS 33

Purpose of the Study 5 Police 41

Major Tasks to be Accomplished 5 Education 46

Health 49

Judicial/Legal 53

Child Care Providers 62

C H A P T E R 2 Community 64

CONCEPTUAL FRAMEWORK

Background 6 CHAPTER 6

Demography 6 RECOMMENDATIONS

Economy 7 Legislative Amendments 66

Family Life 9 Policy Changes 73

Definition of Concepts 11 Public Education 80

Training 81

Resources 82

Structural Adjustments 84

CHAPTER 3 Appendix A 85

QUALITATIVE METHODOLOGY Appendix B 97

The Methodology 12 Appendix C 99

Objectives 14 Acronyms 100

Information Sources 15 References 101

V U L N E R A B I L I T Y A N A L Y S I S

INTRODUCTION

The 2000 Population Census indicated that in Belize, more than sixty percent (60 %) of the
population is under 18. As such children and young people are the country’s most important
resources and their protection a national concern. The framework within which the child
protection system in Belize operates is set out in the CRC, which provides:

“Every child shall have the right to be free from all forms of physical or mental
violence, injury, abuse, maltreatment, and exploitation.”

1. State parties shall take appropriate legislative, administrative, social and
educational measures to protect the child from all forms of physical or mental
violence, injury or abuse, neglect or negligent treatment, maltreatment or
exploitation, including sexual abuse, while in the care of parent(s), legal
guardian(s) or any other person who has the care of the child.
2. Such protective measures should, as appropriate, include effective procedures
for the establishment of social programmes to provide necessary support for the
child and for those who have the care of the child, as well as, for other forms of
prevention and for identification, reporting, referral, investigation, treatment
and follow up of instances of child maltreatment described, as appropriate, for
judicial involvement1.

In Belize this is achieved through a multi-sectoral approach, encompassing the following
agencies or sectors2:

1. Ministry of Human Development, Local Government & Labour
2. Ministry of Health, Health Facilities and Professionals
3. Ministry of National Security

1 . U.N. Convention On the Rights of the Child, 1989, Article 19

2
Appendix C sets out the critical path showing the involvement of the various sectors.


4. Ministry of Education
5. The Judiciary
6. Childcare Professionals, and
7. The citizens of Belize

In theory this multi-sectoral approach facilitates greater specialization and better uses of
resources, yet this multi-sectoral approach can cause overlap in services provided. Where
those overlaps occur, the possibility of breakdown in responsibility and, therefore, breakdown
in the quality of care can cause a depreciation in the quality of services offered.

Nonetheless, the Ministry of Human Development’s Department of Human Services is
recognized as the area of government with the primary responsibility to co-ordinate programs
and services for the protection of children particularly programs and services necessary to
protect children exposed to abuse and neglect.

(UNICEF 2001) report3
“recognised the paucity of quantitative and qualitative data as an area of weakness in
child protection and other areas covered by the CRC. Recognition was made that laws
are generally in harmony with the CRC but in practice, it appears to be “an illusion”
and that the general principles were poorly integrated into law and policy. While the
law has strengthened the protection system, many gaps still exist leading to many
perpetrators going unpunished for crimes committed against children. Additionally, the
lack of clear policies and procedures with regard to the continuum of care has also
resulted in the re-victimization of children4.”

The present analysis seeks to investigate whether the principles and the thrust of the CRC have
been entrenched in the child protection system and is demonstrated practically to children, the
family and the public by providing a composite picture of all levels of the system in order to
identify gaps and ways of reducing the child’s vulnerability.

For the purpose of this analysis child protection means: protection of children from abuse
and defence of children who are victims of abuse and neglect (child protection); child
placements (foster care and adoptions and children’s homes); and family support (financial
and other material assistance to help families in need).

3
The Right to a Future 2000, A Situational Analysis of Children in Belize, 2001.

4
Taken from the terms of reference for this analysis.


VULNERABILITY ANALYSIS

Executive Summary

The methodology employed was qualitative analysis, utilizing one on one and group interviews
of the various persons in the various departments and of persons who had or were experiencing
the child protection system; focus group meetings; workshops and group interviews.

Findings:

Department of Human Services:
 Granting and preserving the identity of children in care
 Lack of database of persons convicted of child abuse offenses to check on background of
prospective foster parents and prospective adoptive parents.
 Disparity between services and unavailability of services.
 Lack of standardization of foster care
 Gaps in the legislative framework
 Lack of inter-department protocols
 Lack of proper vehicular support
 In the districts, offices are shared which results in a lack of privacy for officers and clients
 Inadequate access to computers, fax machines and printers in rural districts and
underutilization of technology where it is present.

Police
 Lack of sensitization training for police in DVU in the districts
 Rotation of officers
 Lack of training in tailoring investigations for court proceedings and ignorance of law
 Lack of written protocols
 Lack of co-ordination between investigative division and prosecution branch/DPP
Inadequacy of medico-legal forms

Education
 Lack of training in identifying symptoms of abuse
 Dealing with offenders who are educators
 Lack of rehabilitative services attached to schools or community
 Carnal Knowledge and pregnancy in teenagers


 Schools intervening to compromise child abuse cases

Health
 Private areas needed in hospitals for medical examinations
 Lack of written protocols detailing standard examination procedures
 Improved database in hospital to check if persons brought in before for abuse related
complications
 Public education (sex education in schools and education to destroy the cultural acceptance of
incest and carnal knowledge)
 Language barrier between doctors and patients
 Lack of training in giving evidence in court
 Lack of specialist doctors in rural districts
 Inadequacy of medico-legal forms
 Informal adoptions of children abandoned in hospitals

Legal
 Restrictions on children giving evidence; laws and procedures
 Lack of legal training of magistrates and prosecutors
 Withdrawal of cases
 Lack of sensitization training for prosecutors
 Lack of training of doctors and police in collecting and presenting forensic evidence and the
absence of protocols on these
 Lack of early collaboration between prosecution and police
 Lack of uniformity in the procedures in Family Court
 Lack of legal aid for foster parents seeking formalisation of de facto adoptions
 Witness protection needed for some cases

Child Care Providers
 Inadequate monitoring by social services practitioners
 Inadequate discussion with foster parents as to the permanency plans for children placed in
care so that foster parents can prepare children
 Foster parents not given the history of children and children lose connection with their history
in foster care
 No specific training given to foster parents with whom children who have been abused are
placed, foster parents, therefore, not equipped to help with rehabilitation.
 There are no resources to do adequate investigation into the history of child care providers to
ensure that there is no risk that they will subject child to further victimization or abuse. This is
becoming more important as more first time child care providers are being recruited into the
system.
 Inadequate attention is given to the need for medical care for children in care.


 The financial assistance given is not adequate to meet the needs of children in care especially
older children.
 Children in care often have no contact with other siblings who may also be in care.
 Counseling available to children in care is inadequate and often only reserved for worse case
scenarios.
 The psychological effect of being in care, issues of abandonment by parents and self esteem
issues of children in care are not addressed.

Community
 Confusion between the role of the police and the role of the DHS in the child protection
system. Members of the community display an insufficient knowledge of who are the agencies
involved in the child protection system and what are their roles.
 There is unwillingness to participate in the child protection system by making reports to the
police or giving evidence to corroborate allegations of abuse to children because persons do not
want to go to court and be identified as the informant.
 Services available for child abuse do not provide for instances where there is a need to provide
victim and guardian of victim an alternative means of support if the abuser is the main
breadwinner.
 There is cultural acceptance of abuse, especially physical abuse, persons do not know when
discipline ends and abuse begins.
 There is a lack of integration between NGO’s and the DHS.
 Cultural and economic factors hinder expunging sexual abuse of teenagers, especially cultural
encouragement of early sexual activity and poverty.


Recommendations:
Legislative Amendments:

1. FACA

 Provisions for children to give evidence in absence of perpetrator
 Better enforcement for non-payment of maintenance
 Provisions for care of disabled children
 Registration of Guardian Ad Litem

2. Families and Children (Protection of Children) Regulations
 decide whether this act will be repealed or enforced. If the act is to be kept and enforced then
the following things must be provided for in the act:
o proper places to house children,
o persons to be legislated who will supervise children at places they are housed and the
procedure for care and or placement of children picked up on curfew must be legislated.

3. Families and Children (Child Abuse) Reporting Regulations
 the amicus curiae must be mandated to be a social worker.

4. Social Services Agencies Act and Regulations
 legislate for social services institutions to have persons trained in social work or
counseling available to the children served by the institutions or alternatively there should be
provision for the children in the homes to receive counseling.

5. Inferior Courts Act (Alcalde Laws and procedures)
 Provisions for greater supervision of Alcaldes.
 Provisions should be made in the legislation for them to be sensitised to issues surrounding
child abuse
 the mandatory reporting requirements must specifically provide for alcades to report cases of
abuse brought before them and to supervise or participate in community efforts put together by the
Court or the Department of Human Services to deal with child abuse cases.

6. Certified Institutions (Children’s Reformation) Act
 Provision for definition of child and setting a yardstick for measuring “uncontrollable
behaviour”
 the act must provide for mandatory counseling of the children as a way to promote
behavioural change and as a way to deal with the issues causing the uncontrollable behaviour,
alternatives to manual labour for rehabilitation.


7. Criminal Code

 Raising the age of criminal responsibility to 12
 Equating the age of legal consent with the age for receiving counseling
without parental consent.
 Making the offences of indecent assault, carnal knowledge, rape and
incest gender neutral
 Making the offences of procurement and abduction gender neutral
 Criminalising the application of harm to a child for the purpose of
disciplining the child.
 Providing sanctions for failure to provide necessaries of life.
 Instituting witness protection for special cases
 Penalising guardians for withdrawing cases

8. The Juvenile Offenders Act
 Making definition of child consistent with other legislation
 Provision for legal representation of all juveniles
 Provision for children charged with adults to have hearings in the Juvenile Court
 Provision to remove Boot camp from prison facility.
 Provision for children deprived of their liberty to maintain contact with their families

9. Penal System Reform (Alternative Sentences) Act

 Children brought before the legal system to for crimes to have legal representation
 Development of true alternative dispute resolution
 Provision for counseling of children

10. Domestic Violence Act
 legislative amendments needed to equalize the standard of assistance women who are victims
of abuse receive from the state to start a new life with that which is provided to women who are
victims of trafficking, especially where they have dependent children.

11. Marriage Act
 the age of marriage should be increased to 16 to match the age of consent.

12. The Married Persons (Protection) Act
 Removing the threshold on maintenance so that the position is equated with that provided
under the FACA
13. Registration and Births and Deaths Act
 Provision for giving an identity to children abandoned in care who are not registered

14. Education Act and Rules


 Criminalising the use of corporal punishment .

15. International Child Abduction Act
 protocols to be developed as to how the system set up by the act will work
 the responsibilities and roles of each sector to be delineated
 regulations under the act to be made

16. Misuse of Drugs Act
 Regulations are needed to prevent the use of illicit drugs by children
 Provision for alcohol to be recognised as a drug

17. Summary Jurisdiction Procedure Act
 Criminalising corporal punishment in schools.

18. Indictable Procedures Act
 stiffer penalties needed in cases of child abuse
 making child pornography an indictable offence

19. Evidence Act
 making provisions under the act gender neutral
 provisions for children to give evidence in the absence of perpetrators via videotape etc., and
include a provision for the judge to make a decision as to whether the evidence of the child will be
taken in this special manner based on evidence or material that the prosecution provides. The
provision for persons charged with offences against children to be legally represented would
prevent a challenge of the legislation on the basis that it denies the accused the constitutional right
to be heard.
 equating position of witnesses in child abuse cases to position of witnesses in rape.
 The right to take evidence via videotape should be restricted to cases where the prosecution
established that the child is in need of special protection .
 For the protection of child witnesses, judges must be given the ability to waive disclosure in
some cases e.g. withholding the address of witnesses needing special protection by having the
addresses expunged from witness statements sent to the defendants as well as the name. Also
judges should be able to delay the delivery of such statements until a month before the beginning of
the trial to ensure proper arrangements in place to protect child and to give child every
opportunity to open up about the incident.

20. Labour Act
 Define a child
 Stating minimum age of admission to work as 15 and 18 for hazardous work


 The age for part-time work to be 14
 Sanctions to be imposed for employing a child in job dangerous to his development.
 Regulation of provision of forced labour.
 Restricting employment of children in industrial undertakings.
 Regulations are needed to prescribe the type, hours and conditions of work of children and to
widen the role of the labour inspector and to ensure that the act can be enforced - may need to
strengthen institutional capacity and to investigate instances of child labour esp. in rural areas.

Policy changes
a) Protocol delineation of roles of police and roles of Human Services and of other
agencies with clear mandate for them to work together.
b) Written internal protocols for all agencies involved in child protection specifying
details of the sectoral response.
c) Revision of medico legal forms
d) Streamline internal procedures of the DHS in relation to child placement, child
protection and family support
e) Protocol for police to establish child abuse kits and set out requirements for collection
and preservation of forensic evidence and to ensure DVU staffed with adequately trained staff
f) Protocol for magistrates to ensure uniformity in grant of orders in all districts by
providing for rules under FACA
g) Data collection of child abuse victims to be improved
h) Protocol for health to set out access to medical examination for victims, provision for
bi-lingual doctors, strengthening mandatory reporting requirements and for sensitization training
of doctors and nurses.
i) Must develop a protocol for dealing with children who are disabled, their social,
educational and child care needs are not being met, especially in the districts.
j) Private process servers to be utilized where police are perpetrator of abuse.
k) Protocol to be developed for the procedure on medical examinations so that the
process is standardize, must cover what constitutes evidence of broken hymen etc.
l) Protocol for judicial/legal must provide for adequate contact between child
victim/complainant and prosecutor and to meet with and explain to families when a decision is
made not to proceed with prosecution and also to advise families of any alternative legal remedies.


Public Education
 Teenagers and young persons need comprehensive program on moral development, sex
education dealing with their worth as individuals and the benefits of delaying sexual activity until
marriage
 Education on the need to receive counseling and its benefits in breaking the cycle of abuse.
This should be presented to children within the school system to encourage them to come forward
to report abuse to school counselors etc.
 Continuous education is needed in the school system on what child abuse is and the symptoms
of abuse must be done in schools and institutions housing children
 Education on the role of the Department of Human Services vs role of Police
 Education on the criminal process in the Magistrate Court as opposed to the civil process
undertaken in the Family Court in cases of abuse.

Training

a) legal training of all magistrates and all prosecutors is needed.
b) D.P.P. office also needs sensitization training – basic areas of social work and vice versa.
c) The police must be trained on investigative techniques in cases involving abuse where there
may be young child victims whose evidence will need corroboration.
d) Police also need training in taking statements from children and other special victims and need
sensitization training in dealing with special victims before they are placed in Domestic Violence
Unit.

e) Police need training in giving evidence in court especially forensic evidence of identity etc.,
Social services practitioners need training on investigation for care order case and presenting
evidence in court and how to avoid the hearsay dilemma.
f) Training social services practitioners in the districts on proper office management and case
management techniques.
g) Doctors need to be trained on how to classify injuries as per the Medico-legal form, this
training must be done every 6 months or so to keep knowledge current and ensure that new doctors
coming into the system understand these classifications and training on how to give evidence in
court.
h) Police dealing with child abuse cases must be trained on provisions of FACA, the Criminal
Code, the Evidence Act and the Criminal Justice Act.
i) Police must be required to take photographs of signs of abuse when the medical examination
is being done in cases of physical abuse.


Resources
a) Each district to have at least two social services practitioners
b) Each district to be equipped with its own vehicle.
c) better system of stationery allocation especially for the villages to ensure that orders are in the
new system so that stationery can arrive on time. They may need to be able to fill their own orders
or get stationery from Belmopan.
e) must set up a support group for foster mothers where they can meet regularly and encourage
each other, should try to establish a system of mentorship with new foster mothers so that they are
paired with a more experienced foster mother especially when they are raising children with
special needs at least for a few months at first.
f) develop a resource base for foster mothers and include them in COMPAR training, where
foster mothers are dealing with children with special needs (disability, malnutrition, prolonged or
fatal illness) they must be taught coping mechanisms for dealing with these children and the stress
these situations can produce.
g) need to develop national data base within Human Services to keep track of cases within the
district. The data base already existing should be developed and complemented by efficient filing
systems in each district including provisions for:
1) record of cases transferred to Belize City
2) original of cases transferred to remain in district
3) proper delineation of who bears ultimate responsibility when cases are transferred
4) where there are no care orders, officers must get a written consent from parents before
proceeding with voluntary supervision. That voluntary supervision must have clear
objectives, a definite start and a definite end including provision for assessment to see if
objectives met.
5) intake forms to be reviewed monthly.
6) utilize 6th from students or social workers on day off to enter backlog into data
base, must have an up to date report of cases especially from the districts outside the Belize
district.
7) Case transcripts must be obtained and copied to clients, they must know at all
times, what orders are being made in respect of their children except where parental rights have
been removed.
8) There must be a current order in place for all children in care and these orders
must be on the file and be consistent with the recommendations to reconcile or institutionalize or
foster place child.
i) The on-line system of payments must include funds for providing food for a child in cases
where a child has to be placed in emergency care.
h) Establish a toll free abuse hotline for children and teenagers to call and report abuse and
receive assistance, this should be monitored by the department of Human Services and should be


connected with the community so that callers can be routed to community service providers
whether state or civil society.
i) Need sketch artist as part of police forensic team.
j) Need more counselors/psychiatrist attached to Counseling Centre.
i) Facilities to encourage Interpol checking of prospective adoptive parents

Structural Adjustments

a) Enclosed areas for taking statements of victims at police stations
b) Private offices in Stann Creek district for the officer dealing with child protection and who has
to interview families and children.
c) Places/homes in each district to be built or families identified that will house children in
emergency situations so that when children in the districts have to be removed from their homes
they are not taken to Belize City. Children must undergo minimum displacement, too much to
uproot them from home, family and school. This is also counter-productive in cases where a
reconciliation with parent is recommended and parent has to visit child as coming to Belize City
may mean disrupting parent’s work etc.
d) places should be allocated in each hospital where the actual examinations are to be conducted.
g) provision to be made for these places to be equipped with trauma nurses.
h) The Dorothy Menzies Child care center needs to be re-assessed, the rooms are over-crowded,
they are poorly lit and poorly ventilated, there is inadequate privacy for children, children are not
being taught life-skills, there is poor development of disabled children placed there as there is
inadequate staff to give them the personal care and attention they need. Efforts should be made to
place all disabled children at the Center into foster care to prevent further victimization, including
assistance with their medical needs.

Chapter

1
RESEARCH TOPIC
The general purpose of this review is to conduct a
vulnerability analysis of the child protection system in
Belize.

Research Question

“Where are the vulnerable areas in the child protection system?”

Study Objectives

T he general objective is to produce an analysis document which will include
recommendations for policy, procedures and legislative improvements to
the child protection system.

Objectives that flowed from this are:

 To ascertain the gaps in the law and other policy and procedural
documents affecting the protection of children in Belize

 To ascertain the current status of the structures supporting the child
protection system in Belize


 To ascertain the factors that hinder the convictions of perpetrators of
child abuse

 To ascertain the experience of agencies and participants of the child
protection system in Belize

 To make recommendations for policy procedure and legislative
amendments.

Purpose of the Study

T o formulate recommendations for all local social actors, based on the
findings of the study, with a view to contributing to the development of a
model for preventing and addressing family violence.

Major tasks to
be accomplished
Under the terms of reference for this project the following major tasks were to be
completed:

 Conduct Literature review of existing internal and external reports, laws,
international conventions that will contribute to the overall objective of the
assignment

 Conduct review of the current procedures, draft protocols and objectives of
the main agencies in the child protective system

14


 Dialogue with key stakeholders, including the main agencies to determine
their perceptions of the system

 Observe, investigate the intervention process throughout the system

 Conduct interviews with the child protection agencies at all levels

 Develop interview instruments for families and children

 Conduct random sample interviews with children and families who
are/have experienced the system

 Examine and analyze the existing structures, approaches and materials of
the system

 Produce a report that includes recommendations for policy, procedure and
legislative improvements

 Develop a training manual in working within the legal system

 Plan and conduct a two-day training workshop for social services
practitioners

15

Chapter

2
CONCEPTUAL
FRAMEWORK
What is the background to the review?

Background
DEMOGRAPHY

I n 1999 the population in Belize was estimated at 243, 390 persons5. Of this
number 52.1 % were under the age of 20 years6. There were no differences by
gender7, therefore, policies aimed at protection children must be gender neutral,
providing protection equally for boys as for girls8.

The distribution of the population varies by district, 29.1% of the entire population
lives in the Belize District. It is also the only district where the urban population is
higher than the rural population. The establishment of the Human Services
Department in that district is, therefore, warranted, the demand for the services of
the DHS is highest in the Belize District9.

5
CSO, 1999b.

6
(supra)

7
CSO, 199b showed an equal distribution of women and men - 49.9% : 50.1 %.

8
The observation of the system and interviews with agencies and clients indicate a bias in treatment
towards girls, agencies are not sensitized to the particular needs of boys being abused especially with
regard to sexual abuse.

9
Interviews with social services practitioners, January 2004.

16


In all other districts the rural population is higher than the urban population10.
Indeed, at least two-thirds of the population live in rural areas in every other
district11. Toledo and Corozal are the districts with the largest rural populations,
housing over three-quarters of the population12. In the districts outside of Belize,
social services practitioners indicate that the greatest need for their services comes
from rural villages many of which are separated from each other by long
distances13. Proper vehicular support is, therefore, a prerequisite to the adequate
provision of services in the rural districts.

In terms of ethnic composition, more than 47% of the population is now Spanish-
speaking mestizos, residing in Orange Walk, Cayo and Toledo. About 27% of the
population is Creole, living primarily in the Belize District. Approximately 11% of
the population is Mayan living primarily in Cayo and Toledo Districts and about
5% of the population is comprised of the Garinagu living in the Stann Creek
District and along the Toledo coast14. The effectiveness of services to children in the
child protection system must be sensitive the varying cultural realities while seeking
to redefine cultural perspectives in ways that are not detrimental to the long term
welfare of children.

ECONOMY
The 1996 Poverty Assessment Report15 showed that 33% of the population is poor16
and 13% were indigent17. Poverty is particularly pervasive in the rural areas where
42.5% of the population were poor, the Toledo and Cayo Districts were most
affected18. Poverty is particularly pervasive amongst immigrant rural families,

10
Kairi, 1996

11
(supra)

12
(supra)

13
Interviews with social services practitioners in January, ,2004.

14
CSO, 2000.

15
Kairi, 1996

16
(supra) that is, below the poverty line of BZ$1,287.48 per annum.

17
(supra) that is , unable to meet their dietary needs earning less than BZ$751.32 per annum.

18
(supra)

17


many of whom are migrants from other Latin American countries19 and amongst
single parent led households where the mother is the only breadwinner20. The
condition of women in rural and urban areas is symptomatic of the condition of
children. Mothers who are breadwinners are often unskilled, with low levels of
education and are often employed in jobs requiring long hours but which pay
minimal wages21. These long work hours mean that her children are more likely to
be unsupervised for long hours or left in the care of uncles, stepfather or other
relatives more frequently and therefore at greater risk of being abused22 or
neglected23. Such children are more likely to enter the child protection system24.

There has been initiatives by the National Development Fund, and The Belize
Enterprise for Sustainable Development to fund community based ventures
targeting women to alleviate poverty amongst women. Nonetheless, these
organisations are NGOs and do not possess adequate funding to meet the demand.
Government aid schemes though possessing greater resources have not been
effective at financing small scale enterprises targeting women. In addition, services
offered under the child protection system are not bolstered by the provision of
adequate day-care facilities for working single mothers or programs aimed at
training them to identify potential abusers or teaching them how to put support
systems in place to reduce the likelihood of abuse to their children.

19
CSO (Impact Belize)

20
Girls to Women, 1997, indicated that according to CSO statistics, one in four households nationwide is
headed by women. In Belize City, this figure rises to one in three.

21
The Boys To Men Publication, 2000, indicated that such women were likely to be domestic workers
being paid, below the minimum wage.

22
Interviews with person who have/are experiencing the child protection system done in January, 2004,
indicated that many of them were abused while in the care of a trusted family member such as an uncle or
stepfather when the mother had gone to work or gone visiting friends or family members.

23
UNICEF, 1994 citing Jamaleddine, 1990 indicated that only 15% of street children had parents living
together. The majority of such children were from broken single parent homes.

24
Interviews with persons who have/are experiencing the child protection system, January, 2004. In
addition, the Boys to Men Publication, 2000 indicated that most of the boys spending time at the Youth
Hostel by reason of being deemed uncontrollable or in probation programs had little or no contact with
their fathers.

18


FAMILY LIFE
Increasing numbers of families in Belize are suffering from family breakdown.
This is usually the result of migration, divorce or children born out of wedlock25.
The incidence of children born out wedlock is particularly troubling.
Approximately one in five teenage girls, aged 15-19 in Belize are mothers26. Under
law, these births have all been the result of carnal knowledge, an aspect of sexual
abuse. Most of these teenagers are involved in “consensual” sexual unions with the
father of the child. However, many of these women will not be in a stable union and
will be coping without the support of the child’s father and will live in poverty,
thereby placing those children at risk for abuse and neglect27. The situation is not
different for older women, many of them also have children within visiting unions
or with casual partners28. There is also an increasing phenomenon of single parent
mothers migrating to the USA and leaving her children behind to be raised by an
elderly grandmother29. The increasing number of single parent and no parent
families is a contributing factor to the incidence of abuse in Belize30.

In addition, the impact of abuse itself on the individual who is abused is
detrimental. Children who are abused must not only suffer from bruises, wounds,
broken bones, loss of hearing, sexually transmitted diseases, chronic stress, but they
will frequently suffer from chronic headaches, sexual disorders, depression, phobias
and persistent fear as well as low self-esteem, which directly affects their behaviour
and productivity in school and ability to report the abuse and seek protection31. The
long terms psychological effects of abuse in Belize is still being investigated, but
such practices can have direct effects on the health, wellbeing, educational
achievement and economic independence of the victims as adults32. Many of them
suffer such low self-esteem and mental stress that they frequently drop out of
school, refuse to or find themselves unable to maintain steady employment and

25
The Boys To Men Publication, 2000.

26
CSO et al, 1992.

27
The Boys to Men Publication, 2000.

28
(supra)

29
(supra)

30
UNICEF, 1994.

31
PAHO, 2000.

32
Girls to Women, 1997.

19


become trapped in poverty. Many of these adults have been so damaged that they
become conditioned that it is necessary to hurt a child to discipline them and so they
will often become perpetrators of abuse themselves33.

A typical feature of various forms of child abuse is its hidden nature. There is
substantial underreporting of cases, studies show that generally only 2% of sexual
abuse within the family are reported. Many factors have been contributed to this
underreporting. Firstly, incidents of child abuse are often regarded as isolated acts
occurring in the private realm, not as a social problem. Secondly, acts of violence
against children are sometimes viewed as normal occurrences in family dynamics,
that is it is seen as a legitimate act, either as a form of discipline or an expression of
love. Thirdly, many victims of abuse tend to blame themselves for provoking the
violent incident and justify it, this is a mindset that is strongly reinforced by
society’s attitudes. Finally, many children and those who care for them who
recognize that they have been abused believe that the existing social services or
responses available to support them in solving their problem of violence are
inadequate and even detrimental to them.

There are other serious problems in understanding the dynamics of violent
relationships and the experiences of the affected individuals, indeed there is little
understanding of the specific dynamics of the different types of violence and their
consequences. There is widespread failure to recognize that child abuse is a learned,
conscious and deliberate behaviour, it is practiced by those who believe that they
have a right to intimidate and control others34.

Due to the complexity of the problem of child abuse, its solution requires
strategically and inter-sectorally co-ordinated policies and actions, with the
participation of both the government and civil society. The co-ordinated responses
of the health, human development, education, police , judiciary and the non-
governmental sectors is an important frontal attack on this scourge.

33
(supra)

34
Girls to Women, 1997.

20


Definition of Concepts
Definitions of the concepts that will be utilized in this study also are included.
These definitions are important for all the investigators who will participate in the
study, so they can familiarize themselves with the theoretical and operational
concepts to be used.

The central focus of this project is the vulnerability of children who are the victims
of abuse, therefore, it is necessary to define the terminology that will be in use.

Child: a person, male or female under the age of 18.

Abuse: every act or omission committed on a child which harms the well-being,
physical or psychological integrity or freedom and right to full development
of another family member. Abuse may be physical,
psychological/emotional, sexual, abandonment or neglect.

Perpetrator: the person inflicting the act of abuse or neglect on the child.

Victim: the child being abused.

Service provider: These are the person (s) who provide or are responsible for
ensuring the provision of support services for children affected by abuse in
the communities included in this study. They may be affiliated with
institutions in the legal/judicial, police, health, human services, education,
or community sectors. Also included in this category are persons who fulfill
a social function in the community and who from the perspective of the
victim help to break the secrecy surrounding the abuse.

21

Chapter

3
QUALITATIVE
METHODOLOGY
Qualitative research introduces the necessity of
heeding the “voice”, that is, to whom one is speaking,
for whom, with whom and why.

The Methodology

B y virtue of the terms of reference the central topics of this study are the
experiences of persons involved in the child protection system and those
who are or have accessed the system for services. The objectives stated
above support these topics. Accordingly, qualitative methodologies were
selected to research these topics, this research technique is especially suited to this
study because it permits a better understanding of the subjective and symbolic
dimensions of human behaviour which may determine why persons access the
system and the response they will receive as they seek to access service, that is, it
allows the influence of the human element to be determined.

Qualitative methodology will allow the supply and quality of services and social
responses to be determined. Quantitative research analyses the social sphere in
terms of variables and produces numerical data but qualitative research makes it
possible to preserve the chronological sequence of events, place them in the same
context in which they occurred and derive explanations that are strongly grounded
in the sociocultural reality under study, it makes is possible to understand the social
phenomena from the perspective of the actors themselves.

Under the qualitative paradigm ethical considerations for the subjects involved in
the study are given high priority, therefore, throughout the process the
confidentiality of the subjects must be protected and they must be made aware of
the consequences of the study on the subjects.

22


Based on the above perspective, the data collection technique of choice in
qualitative research are those which make it possible to record the experiences of
the actors themselves in their own words and at their own pace and that best reflect
their worldview. To achieve these objectives, the specific techniques used in this
study included in-depth interviews, semi-structured interviews, participatory
observation and group interviews. The understanding of the specific characteristics
and the significance of the cases within their context rather than arriving at
statistical generalizations is the central objective of qualitative analysis, therefore,
pure random sampling is not appropriate, further in this case a suitable sampling
frame was not available because of severe underreporting.

A variation of the “snowball sampling” technique was utilized. This is a variation
of the sampling technique most often used in qualitative research. Interviews are
done and they continue until there are no more references to new people or when,
after a certain number of interviews, the investigator concludes that she is no longer
learning anything new with regard to the research question.

One on one interviews were conducted with the D.P.P. , the Assistant
Commissioner of Police and magistrates from the Legal/Judicial sector. Focus
groups were conducted of the police within the Belize District and the rural
districts. A workshop into the role and services of DHS and their experience
with the child protection system was conducted with social services
practitioners with from every district. One on one interviews were done of the
doctors responsible for medical examination of children in the public hospitals
and one on one interviews were done with the managers of those hospitals.

Further, one on one interviews were conducted with teachers, principals and
school managers of primary schools in Belize from the Catholic and
Evangelical denominations. One on one interviews were conducted with the
Director of Human Services and the Deputy Director. One on one interviews
were conducted with representatives from the Ministry of Health. One on one
interviews were conducted with persons from the Belize District and the rural
districts, who have or are experiencing the child protection system. One on one
interviews were conducted with operators of child care institutions and foster
parents.

23


Objectives
a) Child Protection Agencies:
These were persons who were direct service providers, specifically, the
Department of Human Services, the Police, the Health sector, the
Legal/Judiciary sector. The emphasis here was on the function of each
sector in addressing and preventing child abuse. There were some
sector-specific topics, namely:

 Department of Human Services: the role of the Dept in
investigation of cases of abuse, protecting children being abused
and preventing further abuse, protecting the rights of children
and its role in regulating civil society groups providing child
protection services and advocating for laws and policies that
address the issue of abuse against children.
 The Police: the role of the police in intervening in situations of
abuse, level of institutional coorperation to address violent
situations, records of reported cases, prosecuting cases in the
Magistrate Court, conducting investigations.
 The Health Sector: the role of personnel in identifying and
reporting child abuse among patients, systems of record keeping,
referral of detected cases, role of medical examiner in issuing an
official report.
 The Legal/Judiciary sector: the role of DPP in deciding which cases
are prosecuted, the role of the prosecutors in bringing cases, the role
of and experience of prosecutors in preparing children to give
evidence in cases of child abuse, legislative impediments in
securing convictions.

b) Key Stakeholders:
The interview guide sought to identify:
 A description of the work carried out by the institution in
general and by the key respondent specifically, with emphasis
on the issue of the child protection system.

24


 The respondent’s professional experience in the delivery of
services to persons in need of child protection services, namely,
family support, child placement and child protection (abuse).
 Each respondent’s social perception of the child protection
system and the need for such services
 Training needs for authorities, officials and personnel who come
into direct contact with people in need of the services of the
child protection system.

Information Sources
The information sources were persons directly connected to the child protection
system whether as agencies providing services or as persons who experienced the
system’s intervention.

The Key Stakeholders

1. Department of Human Services Personnel
2. Family Court Personnel
3. Judges in the Magistrate Court
4. Police
5. Health Personnel at the KHMH
6. Managers/Principals of schools/teachers
7. Child care providers
8. Women’s Department
9. D.P.P. Office
10. Children Homes
11. Foster parents

25


Child Protection Agencies

The child protection agencies are those persons directly providing services within
the child protection system. They include:

1. Department of Human Services

2. The Police

3. Health

4. Education

5. Judiciary

6. Child Care Providers

Interviews of Families Experiencing the System

Finally, information sources included actual persons who had experienced the
system and who would be able to report on the effectiveness of the system to
provide support services as well as the adequacy of services provided.

In the Belize District it was determined that there were some 200 reported cases on
the files of DHS in the areas of CPS, CPSS, and FSS in 2002. Therefore, it was
decided that in order to get an adequate sample size we would start with 44 persons
and interview until we could no longer learn anything new with regard to the
research question. Of this number 22 of the participants were from Child Protection,
11 from Family Support and 11 from Family Assistance.

In the Cayo District, the health, police, judiciary and human services sectors were
interviewed.

In Stann Creek, the police, health, human services sectors were interviewed and 7
families from the Child Protection team.

26

Chapter

4
LITERATURE REVIEW
The various international conventions35 of which Belize is a signatory
provide the yardstick against which the local legislative framework
underpinning the child protection system in Belize has been measured and
evaluated.. The more pertinent and current evaluations and the legislation
constituting the legal framework for the system will be considered here.

T he literature review consisted of those protocols, policy and procedure

documents, reports and agreements which are most germane to the child
protection system. The following

were considered:

1. The National Gender Policy. This policy document highlighted the
need to address some of the inequalities that exist in the FACA
in giving men and women that deny men and women equal
access to the Family Court and made recommendations for
various amendments to be made to that act to promote equality.
The policy document also highlighted some of the provisions of
the act that were not enuring to the welfare of children.

35
The international which are considered to have been the basis of the child protection system in Belize
are:

a) The Hague Convention – which protects children from international abductions and sets out the
procedure for recovery of children abducted ; b) The Convention on the Rights of the Child – which sets
out the rights of children as agreed by states internationally; c) The Convention on the Elimination of
Discrimination Against Women – which sets out the special protection to be given to women to eliminate
discrimination against them on basis of gender and which makes some provisions for the care of children.
These international conventions are set out in other publication and will not be set out here but will be
referenced.

27


2. The Department of Human Services – Policy and Procedures
Manual 2002. The DHS policy and procedures manual sets out
the government’s commitment and policy regarding the care of
children within the child protection system. The manual
governs the operation of the DHS and sets out the format for the
preparation of investigative reports and social inquiry reports.

3. The National Child Protection Protocols (draft). These
protocols are being drafted to provide a framework for the inter-
sectoral response to child protection envisioned and provided for in
FACA. The protocols seeks to provide a:

a) Written internal policy and procedure for each key
ministry/agency involved and reporting .
b) Multidisciplinary cooperation and collaboration; and a
c) National training plan for the key ministries/agencies by the
year 200536. The protocols will supplement the provisions of
the DHS manual and will set out in one document what each
agency is responsible for so that each agency will know its
role and the roles of other agencies.

4. The Family Court Handbook. The handbook is currently used by
the Magistrates in the Family Court to provide guidance on the
operation of the Family Court according to the Family Court Act
and provides information about some of the applications under the
Families and Children Act. The handbook though a useful
administrative resource for Magistrates is not law and so the
procedures set out in it are not binding on persons utilizing the
Family Court. There are no rules to the Families and Children Act
which can be referred to by legal practitioners, social workers and
the general public for guidance.

36
National Child Protection Protocols (draft), p. 2

28


5. From Girls to Women. Sets out the issues affecting females
growing up in Belize. The study identified the uncertainty between
the various agencies as to who is responsible for what:

“there is uncertainty over who is qualified to report abuse
cases and what the precise links are between the health
sector and social services responsible for ensuring child
protection37.

In addition, the study identified that a survey of 600 students
indicated that girls were more likely to be exposed to forced sexual
activity by a family member. Nonetheless, the study indicates that
the actual incidence of abuse is not known as the reported cases
represent only a fraction of the actual figures.38.

6. From Boys to Men. The study investigated the main issues facing
men as they go through their life cycles as a companion study to
that done on females. The study indicated that one out of six to eight
male children are sexually assaulted before they reach the age of
fourteen39. The study identified some of the general long term
effects of abuse to be:

a) low self esteem accompanied by feelings of guilt, shame and
loneliness, isolation and depression,

b) difficulty in trusting and forming meaningful relationships,
including disturbed and confused family relationships,

c) destructive ways of coping, such as substance abuse, suicide and
early sexual relationships that are often risky,

d) greater likelihood to be in abusive relationships or to become
abusers40.

37
Girls to Women, Cameron (1997), p. 47 indicating the responses of participants in a workshop in
February 1996.

38
(supra) p. 44

39
Boys To Men, p. 35 quoting Davis, 1987.

40
Boys To Men, p. 35

29


The limited rehabilitative services offered to victims of abuse in
Belize focus primarily on the removal of the child victim to a
residence where the perpetrator does not have access to the child,
counseling services focus primarily on helping the child cope with
the trauma and are only offered for a short time, usually for the
duration of the trial. After that families are left by themselves and
there is no follow up system to assist in preventing these long term
effects of abuse41. The actual contribution of male childhood abuse
to the issues identified as affected males through their life cycles
was not investigated.

7. CRC Second Periodic Report (draft). Prepared by the
government to fulfill its commitment to implement the provisions of
the CRC, to review its progress in that regard and to identify
opportunities for further action. The report identified a number of
improvements made legislatively, especially the introduction of the
CRC but recognised the need for further legislative endeavours to
ensure that the treatment of children envisioned by the CRC and the
FACA is theirs in practice. The inadequate legislative protection of
boys from sexual abuse, rape and carnal knowledge were identified
as well as the disturbing reports of the incidence of girls
“consenting” to sexual abuse to facilitate continuation of schooling.
Currently, the intervention and rehabilitative services offered by
DHS do not provide alternatives to these children and many of
them withdraw cases from the courts when faced with family
pressure because the perpetrator has offered the family money. The
realities of poverty and its effects on the abuse of teenagers is under-
investigated and rehabilitative services do little to offer female
teenagers subjecting to abuse for monetary reasons a real
alternative42.

8. The Right to a Future 2000: A Situational Analysis of
Children in Belize. The publication offered a comprehensive
review of children in Belize and the major issues facing them. With

41
Interviews with persons who have experienced the child protection system, January 2004.

42
Due to the recent Trafficking law, victims of trafficking ( many of whom are employed as commercial
sex workers, a label that can fairly be attached to many of the teenage victims of abuse) are in a better
position than child abuse victim and victims of Domestic Abuse, such Trafficking victims are given
opportunities to complete their education or to be retrained and/or assisted to find legitimate income
earning opportunities. Thus disparity must be addressed.

30


regards to the challenges facing the child protection system, the
study found that legal reform is incomplete, there is inadequate
protection for disabled children, boys and immigrant children, that
there is a lack of resources to protect the women and children of
Belize and that there are rising concerns regarding the abuse of
children in institutions. With regards to abuse and neglect of
children, the report identified the need for qualitative research to
identify whether the provisions of the CRC and the work of the
various agencies meant greater protection for children brought into
the child protection system because of abuse.

9. NOPCA Report – 2002. The 2001 report showed that in that year
8 girls were sexually abused for every 1 boy sexually abused, girls
received twice as many incidents of emotional abuse as boys and
were 8 times more likely to be neglected, girls were just as likely as
boys to be physically abused. In addition, the primary type of abuse
was emotional abuse and the primary abusers were mothers.
Intervention continues to be focused on removing children from
homes where male abusers have access to them and it should be but
there is little or no programs to address the emotional abuse meted
out to girls which make them susceptible to other forms of abuse
and make them less likely to report other abuse.

10. Mennonite Agreement. This agreement cannot be changed but
there is a definite need to work with the Mennonite Community to
ensure access to social workers where children are at risk. The
welfare of the child being the paramount consideration, Human
Services continues to work with the community to encourage
greater reporting. More needs to be done to ensure that persons who
adjudicate over cases involving relating to family violence are
adequately trained and are sensitized to the needs of children who
may have suffered the effects of abuse to ensure that services are
made available to these children.

11. Child Protection 2002 – Report of cases between the police
and social services. This report showed the prevalence of abuse in
the Belize City area. This report indicated that the reports of sexual
abuse was primarily in the teenage and 10-12 age group. In the
teenage age group, most cases of carnal knowledge were
“consensual”. Most of the cases of carnal knowledge took place at
a home other than that of the victim. The statistics, however, do not
show the prevalence of sexual abuse in the other 10 age group or the

31


prevalence of physical abuse at all, further the statistics did not
show the rate of prosecution of these cases or the rate of conviction.

The present reports available in relation to the child abuse system indicate:

1. A lack of accurate data as to the actual incidence of
abuse and the trends accompanying abuse and its
long term effects.

2. There is a lack of data on profiles of abusers and
identifying factors that precede and perpetuate
abuse. This is becoming more important as this
study confirmed that abuse in institutions by persons
whose job it is to protect children from abuse is an
all too familiar reality43. To adequately protect
children we must be able to prevent child abusers
from entering the child protection system and be
able to provide intervention programs for parents
who are likely to become abusers before abuse
begins.

International Conventions

I

43
Interviews with persons who are/have experienced the child protection system, January 2004.

32


n Belize, the main conventions establishing the obligation to protect children are:

1. The Hague Convention

2. The Convention on the Rights of the Child (CRC)

3. The Convention on the Elimination of Discrimination
Against Women (CEDAW)

These conventions will not be set out here since there are already extensive
reports on the provisions of these. Suffice it to say that these conventions
sets out standards of care that are the minimum standards that states must
fulfill to be able to say they are protecting the rights of children.

Local Legislation

T he analysis below provides a summary of the relevant legislation and any

shortcomings in them that give rise to vulnerability within the child protection

system.

19. Families and Children Act44 (FACA)
This act sets out the legal framework in which children are
protected and cared for in Belize. The act defines the rights of
children and the responsibilities of parents and guardians and the
state towards children. The act was enacted in 1998 and provided
improved protection to children in Belize, nonetheless, there are still
some shortcomings of the act among which are:
a) Section 8 does not provide an adequate framework for the care
of disabled children.

44
An amendment was drafted to this act making provisions for: the giving of evidence by children in the
absence of the defendant; care of the disabled children; more stringent enforcement procedures for the
non-payment of maintenance;

33


b) Section 63-66 allow greater access to enforcement procedures
for collecting outstanding maintenance to children born out of
wedlock than that allowed to children born in wedlock.
c) Section 54 of the act gives children born out of wedlock a
greater claim to maintenance than that provided to children born
in wedlock by the Married Persons (Protection) Act.
d) There are no provisions allowing children to give evidence in
the absence of perpetrators45.
e) Provisions requiring imprisonment for non-payment of
maintenance has proven to impose hardship on children since
fathers simply apply for the maintenance to be suspended during
the course of the prison sentence, effectively denying the
children of the payment 46.
f) The provisions protecting privacy of children have been
ineffective in preventing the news media from revealing the
identity of children involved in high profile child abuse cases.
g) The provisions against the prostitution of children lack
enforcement power and have been ineffective in stemming child
prostitution47.
h) There are no rules of procedure setting out how the FACA will
operate in the Magistrate and Family Courts, as a result there is
an undue reliance by Magistrates on their policies handbook,
which handbook is not a legal document and whose contents are
not available to the general public.

20. Families and Children (Protection of Children) Regulations
These regulations set out provisions to prevent children being left
unsupervised on the road for long periods especially at night. The
act sets out a curfew for children and a system of housing children
when they are taken off the streets at night. Though on the statute
books, this act is no longer being enforced. The facilities necessary
to give effect to the act such as a place to house the children was

45
The interviews with clients from the DHS as highlighted in chapter 5, indicate that children are fearful
of standing in court and giving evidence before the perpetrator.

46
The Penal Reform Act has changed this by providing for Community Service Orders to be made in
cases of default in paying maintenance instead of imprisonment.

47
The Trafficking (in Persons) Act was passed last year and is expected to create in-roads into the level of
child prostitution in Belize by dismantling child smuggling rings coming into Belize from neighbouring
Latin American countries, which are major contributors to the problem of child prostitution in Belize -
Heusner, G K (2001).

34


never provided, consequently, there were children taken off the road
and being housed in the police station, this move is not supported by
the public. The act having fallen into disuse has not fulfilled its
objective, this is an area of vulnerability for children.

21. Families and Children (Child Abuse) Reporting Regulations
These regulations made provisions for the appointment of friends of
the court – the amicus curiae, the friend of the court. It is intended
that in all proceedings involving children, the court will be informed
of the social work issues connected to the child involved before any
orders are made concerning that child. This is an important step in
ensuring that the rights of children coming in contact with the legal
system are protected. Nonetheless, more still remains to be done in
the following areas:
i. the amicus curiae is not mandated to be a social
worker. If the person appointed amicus curiae has no
knowledge of social work, they cannot effectively
address or assist the court in making an order that
secures the welfare of the child.
ii. The role and purpose of the amicus curiae is not
defined. This has caused social workers appointed as
amicus curiae to confuse their responsibilities with
those of a guardian ad litem. An amicus curiae is a
friend of the court, that person appears to assist the
court by providing information in social work that the
court will not normally have access to, they are
defending the case for the child. They are advising the
court of the social work issues involved.
iii. Further, while the act imposes a duty on the
community to report abuse, there are no sanctions for
failure to report, as a result these provisions are not
readily complied with.

22. Social Services Agencies Act and Regulations
The Social Services Agencies Act and regulations requires all
facilities housing children and providing day care for children to
become registered and prescribes minimum standards that must be
maintained in the physical upkeep etc, of the institution to ensure
the proper care of children housed there. The major deficiency of
the act is that it does not require social services institutions to have
on staff, persons trained in social work. This creates problems where
institutions undertake the care of children who are victims of abuse

35


or where the lack of social work training prevents the institution’s
operators from being alert to and addressing issues arising within
the institution that can put children at risk 48.

5. Foster Care (Placement) Rules
This act sets out minimum requirements for foster care and sets out
requirements for background checks to be done of the foster parents
and indicates that placements should try to ensure compatibility
with child’s ethnic, linguistic and cultural backgrounds of children.
A very important measure in the protection of children since most of
the children in care are placed in foster care. This act will ensure a
minimum standard of care to all these children.

6. The Inferior Courts Act
This act establishes the Alcalde jurisdiction. Under the act, the
Alcaldes (quasi-magistrates) are appointed in each district to handle
petty criminal offences and debt cases. However, social workers in
the Cayo, Toledo and the Punta Gorda districts report that persons in
the remote villages in these districts are going to the Alcaldes with
cases of child abuse, although these powers are not conferred on
them by statute. The problem is that persons in the villages are
comfortable with the Alcalde who normally is from the same ethnic
group and language background and who may know the family
personally.

7. Certified Institutions (Children’s Reformation) Act
This act sets up a system of dealing with children who are
deemed uncontrollable by placing them at the Youth Hostel
under the care and control of the Department of Human Services
in the person of the manager of the institution. Nonetheless, the
act has some shortcomings:
1) It does not define child
2) the act does not provide for mandatory counseling of
children as a
way to promote behavioural change and as a way to
deal with the issues causing the uncontrollable
behaviour.
3) the only rehabilitation offered to children is manual
labour

48
One children’s home in Punta Gorda was shut down after the institution’s modus operandi began to
cause institutional abuse to the children under their care.

36


4) there is no yardstick against which to measure
uncontrollable
behaviour.
5) the act has increased the number of children being
institutionalized, most parents are using it as an easy
alternative to rid themselves of troublesome children
instead of committing to training and counseling to
work out issues with children especially teenagers49.
6) the wide powers given to managers of the institutions
over the
children, in some cases overriding the rights of parents
has also caused concern in some circles50.

8. Criminal Code
The Criminal Code sets out the offences for which child abusers
can be convicted. The deficiencies of this act that are germane to
the child protection system are:

1) Under the act, the age of criminal responsibility is 9,
elsewhere in the Commonwealth, the age of responsibility is
between 10-14 years old. This low age is of particular
concern since there are no provisions in our law that children
must be legally aided when brought before the criminal
court. The provision of an amicus curiae in such a situation
would not be sufficient, particularly if the child is charged
jointly with an adult or another child who is legally
represented.
2) In the act, the age of obtaining counseling without parental
consent is set at 18 years while the age of legal consent is 16,
this exposes children who are 16 and who might be engaged
in sexual activity from receiving counseling needed to
address the issues surrounding their early sexual activity
and/or medical treatment, including HIV testing. In addition,
there is no age of consent for boys.
3) The offences of carnal knowledge, indecent assault, rape are
capable only of being committed on females, thus leaving

49
Interview with social services practitioners, January 2004 and interview with CRO, January 2004.

50
The issue of uncontrollable children is not necessarily a child protection issue unless those children are
victimized in care and is not dealt with in this study. It should be noted nonetheless, that the act as well as
the treatment of children deemed uncontrollable is currently under review and it is understood that the act
will be repealed. Nonetheless, it is hoped that there will be some measure put in place to address the issue
of truly uncontrollable children.

37


boys who are victims of similar abuse with inadequate
redress under the law.
4) Section 62 imposes a more lenient sentence of 7 years on a
perpetrator of incest where the victim is between 12 and 18,
where as if the victim is under 12 the sentence is 12 years to
life imprisonment. There is no justification for the more
lenient sentence.
5) While section 60 imposes a penalty for the abandonment of a
child under 5 years old, there is no corresponding penalty for
abandoning children over 5 years old.
6) Section 55 only prevents stealing of children up to the age of
12, making no provision for stealing children over the age of
12.
7) Sections 49, 50, 52 dealing with procurement of children
relates procurement only to females, thus leaving boys with
protection under the law against procurement.
8) The criminal code does not criminalize child molestation
that does not escalate to carnal knowledge or rape. As a
result, police and doctors have followed the artificial
procedure of classifying such the injuries resulting from such
molestation as harm, wound, maim etc, with the attendant
result that if no injuries are present, no charges are made.
9) The criminal code does not criminalize child prostitution.

9. The Juvenile Offenders Act
The Act defines child as a person under 16 and a young person
as a person between 16 and 18. This has been amended by the
Penal Reform Act establishing child as a person under 18. The
act sets out how child offenders should be dealt with under the
law. The act works in tandem with the Certified Institutions
(Children’s Reformation) Act and the Penal Reform Act. The
act establishes the Juvenile Court to hear and adjudicate issues
concerning children between the age of 16 and 18. The
deficiencies of this act are:
1) while the act gives the child the right to be heard in the
presence of an
adult, there is no entrenchment of legal representation of
children brought before criminal courts where they may face
sentences of up to life imprisonment. This is contrary to
natural justice and to internationally recognised standards.
2) children who are co-accused of crimes and charged with
adults are not brought before juvenile courts but are tried

38


together with adults, this is not the trend internationally and
exposes children to the possibility of being pinned with such
crimes since there is no provision that such children be
legally represented.
3) no right given in the act for children deprived of their liberty
to have contact with their families.

10. Penal System Reform (Alternative Sentences) Act
This act sets out alternative sentences for first time offenders,
juvenile offenders and persons convicted of the offence of
failure to maintain their children. The act establishes the
community Rehabilitation Department staffed with Community
Rehabilitation Officers who are responsible for rehabilitation of
persons given alternative sentences under the act. The
Community Service Orders are a welcome additional to the
powers of the court in dealing with first time offenders and
maintenance defaulters. The application of the act has kept
many juveniles out of penal institutions and has facilitated their
rehabilitation. The implementation of the act is uneven in the
districts. There are reports of cases where juveniles are arrested
ad statements taken from them in the districts51 without a CRO
being notified and reports of cases of first time offenders falling
under the act coming before the court and no CRO being
notified to prepare a report recommending alternative
sentencing52.

11. Domestic Violence Act
The act provides for protection orders, occupation orders,
supervision orders and assistance to victims of domestic
violence. There are provisions under the act that seeks to address
situations where children are caught in situations of family
violence. The act is primarily concerned with violence on adults
particularly women within the context of family relationships.

The major deficiencies of the act are:

51
Interviews with CROs, January 2004.

52
(supra)

39


1) where a child as well as a parent is abused within the context
of domestic violence, there are two separate legal procedures for
dealing with the same incident of abuse, as a result a child
abused in a domestic violence incident may be separated from
the victim parent and be placed in foster care or in an institution.
This impedes the recovery of both53, especially where the victim
parent (usually the mother) has to be moved from place to place.
2) the primary focus of intervention in domestic violence
situations is secure the safety of the victim, counseling and other
specialised services may be delayed until safety is ensured,
counseling of victim parent and victim child may be done at
separate times by separate persons as they may be separated.
This may subject child to further victimization and intensifies
trauma.

12. Marriage Act
The act sets out the minimum age of marriage as being 14 to
facilitate cultural realities, however, this is at odds with the legal
age of consent to sexual activity which is 16.

13. Married Persons (Protection) Act
This sets out the requirements for maintaining children born
within marriage. The act sets a maximum of $50.00 for
maintenance whereas the Families and Children’s Act sets no
maximum, thus giving children coming under the Families and
Children Act (the majority of whom are children born out of
wedlock) greater provision to be maintained.

14. Registration and Births and Deaths Act
The act sets out the requirement to register the births and deaths
of all persons born in and dying in Belizeans. The act imposes
the duty on the mother to register children, thereby exonerating
fathers and making it difficult for single parent fathers to register
children. Indeed, if mothers, do not register children, there is
no secondary means of registration, unless the child come into
care when the DHS may register them. In addition, there is no
provision for giving an identity to children who have been
abandoned and whose parents are unknown, many of these
children are children of alien mothers and end up in care with no
identity.

53
Interview with Women’s Department, September 2003.

40


15. Education Act and Rules
Sets out provisions for the reporting of suspected cases of child
abuse but there are no protocols to set out how this reporting
works in practice. The act and rules also proscribes the treatment
of children in schools by prohibiting corporal punishment but
retains it in certain cases. However, no criminal sanction is
given for the misuse of corporal punishment though this is
clearly physical abuse. Children in the school system, especially
in primary schools continue to suffer from its misuse.

16. International Child Abduction Act
This act brings the provisions of the Hague Convention into our
local legislative sources of law. It gives the court jurisdiction to
hear cases of international child abduction and criminalizes
international abduction. The act gives jurisdiction to the Family
Court, however, observations indicate that magistrates are not
prepared to deal with the finer interpretation issues required by
the act. In addition, there are no protocols setting out the
responsibility of each agency identified under the act.

17. Misuse of Drugs Act
The act makes the illicit use of drugs a crime but there is a lack
of strong enforcement to prevent shops selling alcohol to
children.

18. Summary Jurisdiction Procedure Act
The act sets out a number of summary offences that can be
committed against children. Section 6 which saves the right of
teachers to punish children places no restriction on the type and
manner in which such punishment can be administered and
exposes children to physical abuse masquerading as corporal
punishment.

19. Indictable Procedures Act
Sets out the indictable offences that can be committed against
children. There are no offences under the act that specifically
says that child abuse is a crime instead the offences of
wounding and harming are used to charge persons who abuse
children. As a result, the sentences in cases of abuse where the
perpetrator is charged with wounding or harm do not reflect the
heinous nature of the offence and does not act as a serious
deterrent to such crimes.

41


20. Evidence Act
This act sets out the procedures that must be observed in court
proceedings in both civil and criminal proceedings and some
provisions concerning children giving evidence in court. The act
stipulates the circumstances in which evidence of children is
required to be corroborated. Section 74 and section 91 by
assuming that the perpetrator is male does not give redress
where the perpetrator is female. In addition, there are no
provisions under the act for children to give evidence in the
absence of perpetrators54. Section 103 in requiring corroboration
of the evidence of children in carnal knowledge cases does not
give such children equal treatment with other victims of sex
crimes as section 92 imposes no similar requirement on those
victims. The practice of forbidding children below the age of 7
years form giving evidence prevents children who can clearly
communicate what happened to them from receiving redress
since prosecution is usually abandoned in those cases.

21. Labour Act
The act sets out the conditions in which children may work
prescribing children working in hazardous situations. It also sets
out the minimum age for part-time labour involving children.
The deficiencies creating vulnerability are as follows:
i. The minimum age of admission into employment
and the age for part time work are below
international standards and recommendation and
have the effect of encouraging school drop –outs
and preventing persons continuing with their
education beyond primary school.
ii. There is no sanction under section 54(2) against
an employer who employs a child in a job
dangerous to his development.
iii. Section 158(3) imposes no restrictions on the use
of forced labour from children held under a
Reform Act, the increase in children coming into
the system for uncontrollable behaviour raises the
need to regulate this area.

54
The interviews with persons who have/are experiencing the system conducted in January 2004 revealed
a number of instances where persons indicated that children were fearful of giving evidence before
perpetrators and one incidence where the child refused to talk in court in front of the perpetrator.

42

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