Jersey children could be 'denied right to life'

The cost of medical care in Jersey was found to discriminate against children

Jersey's healthcare system may lead to children "being denied the right to life", a children's commissioner report has found.

The legislative gap analysis sets out where the States of Jersey fails to comply with the UN Convention on the Rights of the Child (UNCRC).

It uncovered a list of shortfalls in areas such as healthcare, education, adoption and modern day slavery.

Children's Minister Sam Mezec said it established "a vital benchmark".

In 2014 the States agreed to pay "close attention" to the Convention under a "due regard" model.

The report was commissioned by the government in March 2019 to help decide if it would make a "full and direct" incorporation of the UNCRC into Jersey law.

Research by the Observatory on Human Rights of Children at Swansea University found that while the island was compliant with "the majority of UNRC articles", there were "major pieces of legislation" falling short.

'Detained with adults'

The report found policies stopping children from accessing healthcare based on their parent's insurance was "directly discriminatory".

"The Charging Policy may lead to children being denied the right to life and development", it said.

The report further discovered there was no legislation "expressly protecting children against modern day slavery", and adoption laws did not prioritise "the best interests of the child".

It also revealed there was no legal protection for children against religious discrimination, both generally and in education.

When considering the criminal treatment of children in the island, the minimum age of responsibility at 10 years old was found to be "too low".

"In some instances children may be detained with adults, and SoJ legislation does not prevent this", the report continued.

Senator Mezec said: "This review of Jersey's domestic law establishes a vital benchmark, which will support the progressive realisation of children's rights, inform the transformation of children's legislation and contribute to further consideration about progressing towards direct incorporation."

Chief Minister Senator John Le Fondre added the government would "draw on this invaluable research as we pursue our pledge to put children first".