that persons dealing with juvenile offenders are aware of the rights of children and that every
effort is made to respect them.
The most recent legislative development in Trinidad and Tobago was the passage of the Children
Bill, Act No. 12 of 2012196 (hereafter Children Bill 2012). During debate for the passage of this
legislation, it was highlighted that the present Children‘s Act 46:01, was preceded by the 1925
Children Ordinance, and “is still largely reflective of that Ordinance.”197 It was described as
lacking cohesion, coherence and being largely ineffective. This stems from the fact that there has
been a “fragmented and piecemeal approach to the development of an effective child protection
regime for the children”, with the legislation being amended some 19 times since the first
passage of the Children’s Ordinance 1925.198 This illustrates that archaic child protection
standards are in place in Trinidad and Tobago, and it therefore fails to adequately discharge its
international obligations under the CRC to protect the rights of children.
The Children Bill 2012, was passed in recognition of the “state of child protection laws in
Trinidad and Tobago and the need, therefore, for the introduction of legislation to strengthen and
buttress the existing legislative framework.”199
The passage was done with a view of
discharging the international obligations and “to put in place legislative policy and administrative
measures to ensure that our children are fully protected under the Articles of the Convention.”200
The Children Bill 2012 introduces several developments in the area of juvenile justice and
addresses several of the concerns raised by the Committee. In recognition of the need to ensure
that all persons below eighteen have their rights respected, a child has been defined as a person
below the age of eighteen.201 There is no longer any distinction between a child and young
person and all persons below the age of eighteen fall under the protection of the act. Part 5 of the
Children Bill 2012 deals directly with child offenders and makes provisions for bail,202 the
196
Children Bill, Act No.12 of 2012
Hansard, 20 January 2012, Child Protection Laws in Trinidad and Tobago (State Of). The Minister of Gender,
Youth and Child Development (Sen. The Hon. Verna St. Rose - Greaves)
198
Hansard, 9 March 2012, Children Bill 2012, The Minister of Gender, Youth and Child Development (Sen. The
Hon. Verna St. Rose - Greaves)
199
Supra fn 91
200
Supra fn 91
201
Supra fn 90 at s3
202
Supra fn 90 at s51,52
197
102