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The Cayman Islands Constitution Order 2009

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Protection of children

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17.—(1) In addition to the provisions of this Part which afford protection to children, the Legislature shall enact laws to provide every child and young person under the age of eighteen (referred to in this section as a “child”) with such facilities as would aid their growth and development, and to ensure that every child has the right—

(a)to a name from birth;

(b)to family care or parental care, or to appropriate alternative care when removed from the family environment;

(c)to basic nutrition, shelter, basic health care services and social services;

(d)to be protected from maltreatment, neglect, abuse or degradation;

(e)to be protected from exploitative labour practices;

(f)not to be required or permitted to perform work or provide services that—

(i)are inappropriate for a child of that age; or

(ii)place at risk the child’s well-being, education, physical or mental health or spiritual, moral or social development;

(g)not to be detained except as a measure of last resort, in which case, in addition to the rights a child enjoys under sections 5 and 22, the child may be detained only for the shortest appropriate period of time, and shall be treated in a manner and kept in conditions that take account of his or her age;

(h)to have a legal practitioner assigned to the child by the Government, and at public expense, in civil proceedings affecting the child, if substantial injustice would result; and

(i)not to be used directly in armed conflict, and to be protected in times of armed conflict.

(2) In implementing subsection (1), the Legislature shall proceed on the basis that a child’s best interests are of paramount importance in every matter concerning the child.

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