Gender analysis of child support in the Caribbean: legal, socioeconomic and cultural issues for consideration

AuthorRoberta Clarke - Tracey Robinson - Jacqueline Sealy-Burke
Pages95-105
95
Part II: Towards Gender Equality
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9. Gender analysis of child support in the
Caribbean: legal, socio-economic and
cultural issues for consideration
Roberta Clarke, Tracey Robinson and
Jacqueline Sealy-Burke
This chapter vividly highlights the extent to which childcare is a feminised responsibility
with the expectation that children are the primary responsibility of mothers. Indeed,
the great majority of applications made to the courts in the Caribbean are made by
mothers. The chapter is based on research undertaken by the authors with support
from IDRC and UNICEF and published by the UNIFEM Caribbean Office in 2008 as
‘Child Support, Poverty and Gender Equality: Policy Considerations for Reform’.
Background
There is already state investment in the resolution of issues relating to, primarily,
financial support to the care of children. This investment is evident in justice processes,
including legal aid programmes and in public assistance programmes. However, state
involvement is predicated on the assumption and indeed active encouragement that
parents carry the main responsibility for the care of children. This position is a historical
one, where the state sought to devolve responsibility for the care of families squarely
onto the private sphere.
In the Caribbean, this burden is a particularly feminised one as women are the primary
caretakers of children, a fact coded into the language of ‘female-headed households’.
Such households are not usually ones where women are understood as the primary
authority figures with the presence of a residential partner. Rather, the singular feature
of such households is the absence of a residential adult man living in partnership with
the woman head. Single women-headed households now account for almost half of all
households in many parts of the Caribbean.
There are few areas where the courts are used more than for resolution of child
support disputes. Most people’s interactions with the court system, with the concepts of
justice and rule of law, are tied up in working out parental obligations for caring for
children – be it financial and/or custodial. Yet this is a system attended by deep
dissatisfaction. Users of the court system complain about inadequate and discriminatory
laws, delays, the low level of awards, inefficient administration, distant and hostile judicial
officers and impunity for non-compliance with court orders. These complaints remain

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