The new Status of Children Act is a victory for human rights in the Virgin Islands.
The law, which the House of Assembly passed last week, replaces 1929 legislation that codified a social prejudice against children born outside of wedlock, in part by prohibiting them from inheriting from their parents in the absence of a will.
The former regime put the territory in contravention of the United Nations’ Universal Declaration of Human Rights and the Convention on the Rights of the Child.
Change, however, was frustratingly slow in coming. Lawmakers discussed the issue in the Legislative Council in 1999, but the topic proved highly controversial and they took no further action at the time.
The delay was particularly disappointing since opponents of reform seemed unable to put forward any reasonable justification for their position.
Some were parents who claimed to fear that children fathered outside of marriage would inherit their property without their consent. But such fears were unfounded, since all residents can make a will and pass property to anyone they choose.
Other detractors have suggested that the new law would encourage illegitimacy and infidelity. This argument is similarly feeble, but even if it were wholly true it certainly wouldn’t justify the existence of legislation that punishes innocent children for their parents’ actions.
As the debate raged on, the territory was quickly left behind by other countries and territories, which reformed discriminatory legislation to accord with international standards on children’s rights.
When the Law Reform Commission spearheaded meetings on the topic in 2012, the same tired arguments against the law were aired again. This time, however, they were countered by a growing number of residents who stood up for children’s rights. No doubt such public support made it easier for legislators to muster the political will to do the right thing.
None of this is to say that the territory shouldn’t do all it can to promote responsible parenting. Some 60 percent of children in the VI are born outside of wedlock, and various studies suggest that they are at a disadvantage. But this problem will not be solved by discriminating against children for factors that are beyond their control.
Kudos to legislators for finally passing badly needed legislation that protects the least among us.
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