ANTIGUA AND BARBUDA: National Laws

Summary: General overview of Antigua and Barbuda's national legal provisions on children's rights, including guidance on how to conduct further research.

National laws on children's rights

Status of the CRC in national law
Under the Ratification of Treaties Act, ratified international treaties including the Convention on the Rights of the Child are not automatically enforceable in national law.  Rather, conventions must be incorporated by Acts of Parliament.  As of yet, the Convention on the Rights of the Child has not been directly incorporated, and hence is not enforceable in Antiguan or Barbudan courts. Nonetheless, the CRC could in theory be cited in national courts for interpretive guidance, as regional courts that hold jurisdiction over Antigua and Barbuda have done.

Constitution: Chapter II of the Constitution includes a number of rights provisions that apply to children as to other citizens, but the Constitution also contains a small number of provisions that make specific references to the rights of children:

• Section 112(f): granted citizenship to any person who was under the age if eighteen who was the child, stepchild or adopted child of any person born in Antigua before 31 October 1981
• Section 114(1)(f): entitles any person under the age of eighteen who is the child, stepchild or adopted child of a citizen or any person who would have been entitled to be registered as a citizen but for their death
• Section 118(2): defines a child so as to include a child born out of wedlock as well as a father so as to include fatherhood of a child born out of wedlock

Legislation: Antigua and Barbuda does not have a consolidated or comprehensive Children's Act; rather, provisions relevant to children can be found throughout a variety of legislative Acts. Relevant legislation includes, but is by no means limited to:

• The Family Code
• The Juvenile Act 1951
• The Juvenile Court Act 1948
• The Childcare and Protection Act 2003
• The Corporal Punishment Act 1949
• The Sexual Offences Act 1995
• The Offences against the Person Act 1873
• The Domestic Violence (Summary Proceedings) Act 1999
• The Magistrates' Code of Procedure (Amendment) Act 1993

Legal Research:
The Government of Antigua and Barbuda maintains an official website that contains a database of national laws (http://www.laws.gov.ag/acts/) and publishes Bills currently before the Parliament (http://www.laws.gov.ag/bills/index.html). The World Law Guide has also published links to national legislation (http://www.lexadin.nl/wlg/legis/nofr/oeur/lxweaab.htm), and the Constitution is available in English from the website of Georgetown University (http://pdba.georgetown.edu/constitutions/antigua/antigua-barbuda.html). In addition, the U.S. Law Library of Congress (http://www.loc.gov/law/help/guide/nations/antigua.php) and the World Legal Information Institute (http://www3.worldlii.org/catalog/2718.html) provide links to a range of legal and governmental resources.

Case Law
CRC Jurisprudence
Please contact CRIN if you are aware of any cases in national courts that reference the Convention on the Rights of the Child.

Case Law Research
Case law from national courts in Antigua and Barbuda is not readily available online; however, regional courts of appeal that review the decisions of these courts publish their decisions online. The Caribbean Court of Justice publishes its judgements online (http://www.caribbeancourtofjustice.org/old/judgments.html), as does the Eastern Caribbean Supreme Court (http://www.eccourts.org/judgments.html). Decisions of the Privy Council are available both on the website of the latter (http://www.eccourts.org/judgments.html#privy_council) and through the website of the British and Irish Legal Information Institute (http://www.bailii.org/uk/cases/UKPC/).

Compliance with the CRC
At the time of its 2004 Concluding Observations, the Committee on the Rights of the Child welcomed the Family Law and Domestic Violence Reform Initiative, including the comprehensive review of all laws to ensure compliance with the Convention on the Rights of the Child. The Committee expressed concern at the slow pace of the review, however, noting that the process began in 1992.

In depth analysis:
The Committee on the Rights of the Child has been critical of a number of aspects of the law of Antigua and Barbuda, but perhaps the area of national law that falls farthest short of the Convention on the Rights of the Child is that of juvenile justice. In particular, the Committee expressed concern at the very low minimum age of criminal responsibility (8 years), that persons under 18 can be sentenced to life imprisonment, that persons under the age of 18 can be tried as adults in certain circumstances, and that children can be detained with adults. The Committee recommended that the State take steps, including through legislation, to remedy these aspects of national law which are inconsistent with the Convention.

In its 2004 Concluding Observations, the Committee also raised concerns about the inadequacy of the law with regards to sexual violence and abuse. The Committee noted that boys are not afforded the same protection as girls in the Offences against the Person Act, which limits the offence of rape to girls. The Sexual Offences Act 1995 also provides lesser protection to boys than girls. Accordingly, the Committee recommended criminalising all sexual exploitation of children and prosecuting perpetrators in a way that avoids criminalising child victims of such offences.

With regards to violence against children, the Committee expressed its concern that the law under the Corporal Punishment Act and the Education Act expressly permitted corporal punishment in the family, schools and other institutions. The Committee urged the State to expressly prohibit corporal punishment in all settings. The Committee also noted the absence of specific laws prohibiting trafficking, and recommended that the State legislate to fill this void.

Current legal reform projects
Please contact CRIN if you are aware of any current legal reform projects.