Expert outlines doctors’ legal duty

The local medical fraternity was brought up to speed yesterday on its crucial legal obligations under the new Child Protection Act.

As one of the key architects of the legislation, child rights expert Faith Marshall-Harris highlighted the significant role medical professionals play in identifying and addressing child abuse, underscoring their pivotal responsibility to report suspected cases as mandated by the new law.

Marshall-Harris, who was speaking to the Barbados Association of Medical Practitioners (BAMP), acknowledged the long-standing commitment of doctors to child welfare, even before the advent of mandatory reporting laws.

“Doctors have always reported cases of child abuse, without legislation. They didn’t need any legislation, they didn’t need mandatory reporting protocol,” she said, praising their proactive stance. “I found in my experience doctors always observed abuse, reported it, checked it out and wanted to know what’s going on,” Marshall-Harris said.

Under the Child Protection Act, doctors are now legally obligated to report suspected child abuse. However, as Marshall-Harris highlighted, this legal requirement merely formalised a practice that doctors historically followed out of professional and ethical duty.

“They have always been the main reporters of abuse, whereas other persons may turn a blind eye, doctors do not,” she stated.

The act stipulates that upon observing evidence of abuse, doctors must report it to the director of the Child Protection Authority.

Marshall-Harris elaborated on the multiple stages at which doctors contribute to the child protection process. From providing critical evidence to support court orders to delivering necessary treatment and rehabilitation for affected children, their expertise, she said, was indispensable.

“A doctor has to come into the picture, quite often to establish for the purposes of the investigation that what was observed is indeed abuse,” she explained.

The act also empowers the director of the authority

to act swiftly in emergency situations. In such cases, a doctor’s prompt reporting and subsequent involvement can be crucial in securing the child’s safety.

“The director has the power to immediately go to a situation where there’s a child in danger and take that child into safety, to a safe place, with or without the assistance of a police officer.

“What we have done to ensure that everything is above board and transparent is that we require the director to ensure that any persons who are parents, or act in a parental capacity, know the whereabouts of the child. Within 24 hours the authority must go to the court and seek a court order to validate the action of having taken the child from those premises,” the former jurist said.

Marshall-Harris emphasised that while the act mandates reporting, it also clarified the process and responsibilities, ensuring transparency and accountability. Doctors, by virtue of their training and commitment to patient care, were ideally positioned to fulfil these roles effectively, she said.

“If we don’t save our children, we cannot save our country,” Marshall-Harris declared, highlighting the broader societal impact of vigilant and dedicated child protection efforts by medical professionals. (CLM)

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