The Inter-American Commission on Human Rights (IACHR) has expressed its concerns regarding proposed amendments to the Child Care and Protection Act of Jamaica.
These amendments aim to establish stricter mandatory minimum sentences for children, a move that has raised eyebrows within the international human rights community.
Last resort measures
The IACHR, an autonomous body of the Organization of American States (OAS), emphasizes that the practice of depriving children of their liberty in the juvenile justice system should be a last resort, employed only under exceptional circumstances, and for the shortest possible duration.
The commission’s concerns stem from the introduction of these proposed amendments by the Andrew Holness government in February 2023.
Mandatory minimum sentences under scrutiny
The amendment bill proposes to impose a higher mandatory sentence of not less than 20 years for children convicted of murder in the State.
The government’s rationale behind this move is to address the country’s escalating violence, with a specific focus on reducing the incidence of homicides.
Senate appoints select committee for review
In April 2023, the Jamaican Senate took action by appointing a select committee to scrutinize the amendment bill. As of the latest available information, the bill is still undergoing consideration by this committee.
Under the current Child Care and Protection Act, the age of criminal liability in Jamaica is set at 12 years old.
Age-related concerns
A particularly alarming aspect of these proposed amendments is the potential consequences for 12-year-old children. If the amendment bill is approved, children of this age could face penalties nearly double their age.
Compounding these worries is the fact that children are often tried in the same courts as adult offenders, which raises questions about whether their cases will be handled with a specific focus on safeguarding children’s rights.
International human rights obligations
The IACHR reminds the Jamaican government of its international human rights obligations.
Pursuant to Article 19 of the American Convention on Human Rights and Article VII of the American Declaration of the Rights and Duties of Man, states are obligated to implement special measures to protect the rights of children.
Judicial consideration of individual circumstances
In its report on Juvenile Justice and Human Rights in the Americas, the IACHR underscores the importance of using child imprisonment as a last resort and for the shortest appropriate duration.
The commission stresses that any sentence handed down to a child should take into account the child’s unique background and circumstances.
Protecting children’s best interests
Furthermore, the IACHR emphasizes that states must make every effort to ensure the social reintegration of children within the juvenile justice system.
In light of these principles, the commission calls on the Jamaican government to consider policies and measures that align with international standards and prioritize the best interests of the child.
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