Assessing Adherence to the Nelson Mandela Rules: Policy Implementation Gaps in the Treatment of Children Deprived of Liberty in Jamaica

Abstract

This chapter examines the policy implementation gaps in the treatment of children deprived of liberty in the care and custody of the juvenile correctional service in Jamaica, as well as the country’s adherence to the Nelson Mandela Rules in this regard. It draws on an intersectional child-rights lens, the 2021 report of the Correctional Services Technical Working Group and correctional reforms to achieve this aim. The findings suggest that Jamaica is partially adherent and has made modest progress towards aligning its domestic practice with international standards that seek to protect the best interests of children deprived of liberty. However, a growing implementation gap appears across several correctional service areas, with a nascent reintegration framework undermined by issues related to children accessing education, healthcare and psychosocial support. This chapter argues that strict adherence to the Nelson Mandela Rules alone will not dismantle punitive colonial legacies or discriminatory structures that inhibit the Jamaican State’s fulfilment of its duty of care to children deprived of liberty. However, the Nelson Mandela Rules offer a critical starting point.