The need to consider parental responsibility legislation in Trinidad and Tobago is a topic I have consistently written about for the last three years. The fact that our current government now appears to be on the brink of introducing a Parental Responsibility Act gives me some hope that perhaps we are proceeding in the right direction. While I understand the pressing need for legislation, I also appreciate the importance of proper drafting and implementation.
Sadly, we have set a poor precedent in our country. Our powers that be are capable of drafting, presenting, debating, and passing legislation. However, our track record of implementing and enforcing these laws is lacking—and worryingly so. When the Children’s Authority Act came into force, it felt like a breath of fresh air, bringing new hope and help for our nation’s children. Yet when the time came to see the true power of this crucial legislation, what we got instead were complaints of inadequate staffing. That meant cases were poorly handled, home visits were not conducted, and follow-ups were neglected—leading to a loss of public confidence in the Authority.
We also have the Children Act, another piece of legislation geared toward protecting one of the most vulnerable groups in our society. Yet, over the years, I have raised concerns about children begging on the streets with no investigations, no consequences, and no enforcement—clear breaches of the Act. This is only one example of our chronic inability to enforce existing laws.
Recently, investigations have begun into the exploitation of migrant children who are forced to beg in certain parts of Trinidad. It is commendable that something is finally being done to address this growing concern. However, local children have been begging in these same areas for years. Perhaps we can now investigate and crack down on the exploitation of local children as well—after all, they are all children deserving of protection.
With that said, let me focus on our own needs in any proposed legislation on parental responsibility. Several countries around the world have already implemented similar laws, with varying and sometimes questionable success. Traditionally, our country has taken guidance from other jurisdictions in drafting legislation. I do not believe that approach would necessarily work in this instance. For this law to succeed, there must be proper and meaningful consultation with a wide range of stakeholders—not perfunctory sessions held just to tick a box, but genuine engagement that shapes the drafting process.
Our culture is vastly different from that of many countries with similar laws. The needs of our society, while not unique, require a distinct approach. In Trinidad and Tobago, schools are often seen as glorified babysitting services by some parents. The manner in which some parents interact with teachers and administrative staff can sometimes be more harmful than helpful. Bullying, violence, exposure to drugs, and indiscipline may not always originate within the school system, but schools often become breeding grounds. When children “erupt,” it usually happens in or around the school. Those who face these challenges daily—teachers, principals, counsellors—must have their voices heard. They should help identify the problems, the gaps in support, and how legislation can realistically ensure compliance.
We have the benefit of various single-parent groups, the National Parent-Teacher Association, and other stakeholders connected to both home and school life. Their input would be invaluable. Typically, parental responsibility laws allow for charges to be brought against parents for the actions of their children. However, many single parents already struggle to care for their children while meeting their basic needs. The law must therefore ensure that punishment is not simply punitive but also rehabilitative—offering guidance and support rather than further hardship.
New legislation is usually introduced to address a “mischief.” In this case, it aims to confront the growing indiscipline among our children and the failure of some parents to play their part. But we cannot simply blame parents. Introducing such legislation may also require retraining our police officers. If we expect parents to proactively seek help when their children are in need, that help must actually be available. Police officers must be properly trained in dealing with minors—they cannot and should not be treated like seasoned criminals. To do otherwise would be to turn young offenders into lifelong ones.
While I hold the teaching profession in high esteem, we must acknowledge that many teachers are not trained or equipped to assist some students. Our classrooms include children with special needs, high achievers, those with learning disabilities, and others who simply need extra support—all in one space. These students rarely receive the special attention necessary to meet their learning needs. Instead, our system rewards those who can conform and marginalises those who cannot. I understand that teachers often manage large classes and limited time, but when a struggling child is pushed aside or ridiculed, frustration can manifest in many ways—including violence.
Given the current state of school violence, legislation is indeed a step in the right direction. However, it must be reasonable, fair, and just. Such a law must not make parents scapegoats for their children’s poor behaviour. It should target only those who have clearly failed to act in controlling or guiding their children. Most importantly, any legislation must be backed by mechanisms for effective enforcement. Time and attention must be devoted to ensuring that properly trained personnel are in place to enforce the law and to provide support where needed.
It would be disheartening to one day read about the failure of the Parental Responsibility Act—not because of poor intent, but due to the same chronic issues of inadequate staffing, weak reporting systems, and lack of enforcement that continue to undermine our existing laws.
Pavitra Ramharack is Head of Chambers at Pavitra Ramharack Attorneys at Law and can be reached at ramharack_pavitra@outlook.com
