Fiji passes landmark Child Care and Protection Act to strengthen safeguards against abuse and neglect

Fiji passes landmark Child Care and Protection Act to strengthen safeguards against abuse and neglect

By Rashika Kumar , Monishka Pratap
Thursday 05/12/2024
Source : Parliament of the Republic of Fiji

Parliament has unanimously passed the Child Care and Protection Act that outlines what the country will do to promote the wellbeing of children and to protect them from all forms of violence, abuse, neglect and exploitation.

It replaces the child protection sections of the Juveniles Act 1973 and intends to provide a more comprehensive framework for child welfare services, and in particular to better guide the work of the Ministry responsible for child welfare in preventing and responding to child abuse.

While tabling the Bill, Minister for Women, Children and Social Protection, Lynda Tabuya says this Bill commits them to protecting and supporting all Fijian children, but especially those deprived of parental care, and those who cannot remain with their families because of abuse or neglect.

Tabuya says the Act prioritises family preservation and family-based forms of care and explicitly acknowledges and reinforces the key role of parents, families and communities in raising children and protecting them from harm.

She says it also clearly presents the distinction between children in need of care and protection and children in conflict with the law as under the current child protection laws, the Government could only intervene once a child has been abused but this is too late.

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In her right of reply, Tabuya says last week, there have been reported cases of three missing girls under the age of 18 where one is as young as 13.

She says we have seen an increasing number of cases by the Fiji Police Force of missing girls.

The Minister says when these girls are returned home, we don't hear from them but this Bill makes the authorities responsible to find out where these girls are and why they are going missing.

While issuing a warning to abusers, Tabuya says if an adult is using our children, especially our girls through illegal means, then they are committing an offence and the authorities are coming for you.

Assistant Minister for Women, Children and Social Protection, Sashi Kiran says the Bill is essential in addressing the rising cases of child abuse and neglect.

Kiran says this Bill empowers the newly established Department of Children to take necessary action for children in immediate danger, whether on the streets or in their family environment.

She says in 2023, 1,477 child abuse cases were reported, averaging 4 cases a day which is unacceptable and the Bill ensures that we take immediate and effective action.

The Assistant Minister says 54 percent of the child victims were girls and 46 percent boys, and 68 percent of these cases involved child neglect, physical abuse, or sexual abuse.

She also revealed that 58 percent of the victims were below the age of 12, a stark indicator of the vulnerability of younger children to harm and disturbingly, 4.4 percent of the victims were below the age of 1, which points to the devastating reality of infants being subjected to abuse.

Kiran says the perpetrators of these crimes were, in 72.7 percent of cases, known to the victim.

She adds that now, more professionals, including child care service providers, daycare providers, teachers and health professionals, will be required by law to report child abuse.

Kiran says failure to do so will result in conviction and fines.

She says community leaders, faith leaders, parents, teachers, and youth—everyone has a role to play in creating a safe heaven for every child, ensuring that they thrive, not just survive.

Minister for Home Affairs Pio Tikoduadua says raising and protecting children is not solely a parental responsibility but a collective one, involving communities, teachers, and role models.

He further says strong, safe and supportive communities provide children with a sense of belonging and security, enabling them to thrive.

Tikoduadua calls for a focus on prevention, ensuring that families receive the support they need before a situation deteriorates.

He says it is important to stress that state intervention should always be the last resort and by the time the law steps in, the damage has often already been done.

The Minister says this is why focus must also be on prevention—ensuring parents and families have the support and tools they need to succeed long before a situation deteriorates to the point of crisis.

Opposition MP Jone Usamate says the solution to social ills that will always come back to is the family and at the heart of that family, is children.

He says the breakdown of the family is the root of most of our problems and the responsibility of the parents are now part of the Act.

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While speaking in support of the Bill, Opposition Member Hem Chand says children are our most valuable resource, and these Bills addressing their welfare are of utmost importance.

He adds that they have two child-related Bills, and both are urgent and should be prioritized by the government because our children must be protected.

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