(b) to assist parents and others responsible for the child in the performance of child-rearing and ensure the
development of institutions responsible for providing care of children; and
(c) to ensure that the children of working parents are provided with care services and facilities.
133. The Child Care, Protection and Justice Act provides for Child Care and Protection by the
family by creating specific duties and responsibilities for parents and guardians:
1) not to deprive a child of his or her welfare;
2) whether imposed by law or otherwise, towards the child which include the
responsibility to:
(a) protect the child from neglect, discrimination, violence, abuse, exploitation,
oppression and exposure to physical, mental, social and moral hazards;
(b) provide proper guidance, care, assistance and maintenance for the child to ensure
his or her survival and development, including in particular adequate diet, clothing,
shelter and medical attention;
(c) ensure that during the temporary absence of the parent or guardian, the child shall
be cared for by a competent person; and
(d) exercise joint primary responsibility for raising their children.
134. The above responsibilities may not be exercised where the parent or guardian has forfeited
or surrendered his or her rights and responsibilities in accordance with the law.
135. The Child Care, Protection and Justice Act has, among other things, repealed the
Affiliation Act while the proposed Marriage, Divorce and Family Relations Bill shall repeal
the Divorce Act, amongst other laws. The Act and the Bill provide for child maintenance.
136. Recovering child maintenance through the courts occurs mainly in urban and remains a
challenge in rural settings where poverty is highest. Efforts to increase access to justice in
the rural areas have been scaled up with the introduction of the revised Legal Aid Act
enacted in 2010.
Article 21: Protection against Harmful Social and Cultural Practices
1. States Parties to the present Charter shall take all appropriate measures to eliminate harmful social and
cultural practices affecting the welfare, dignity, normal growth and development of the child and in particular:
(a) those customs and practices prejudicial to the health or life of the child; and
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