ANTIGUA AND BARBUDA: Persistent violations of children's rights

Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.

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• Low minimum age of criminal responsibility
• Lack of a specialised juvenile justice system, including ensuring the separation of children from adults in detention
• Life imprisonment of children
• Corporal punishment
• Lack of provision for children with disabilities
• Inadequate education provision
• Sexual abuse of children
• Low minimum age for employment
• Inadequate legal protections against the trafficking of children 

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Low minimum age of criminal responsibility
UN Committee on the Rights of the Child (Concluding Observations, November 2004)

The Committee is concerned at the very low minimum age of criminal responsibility, which is set at 8... The Committee is further concerned … that other problems in the administration of juvenile justice exist in the State party, including:

(b) A juvenile as young as 8 can be requested to appear before the court;

The Committee recommends that the State party review its legislation and policies to ensure the full implementation of juvenile justice standards, in particular article 37 (b) and article 40, paragraph 2 (b) (ii)-(iv) and (vii), of the Convention, as well as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines), and in the light of the Committee’s 1995 day of general discussion on the administration of juvenile justice (see CRC/C/46). In this regard, the Committee recommends that the State party, in particular:

(a) Raise the minimum age of criminal responsibility to an internationally accepted level;
(b) Amend legislation so that juveniles are not brought before an adult court; (Paragraphs 68 and 69)

Universal Periodic Review (October 2011)

P - 68.23. Raise the age of criminal responsibility (Brazil); (pending)

P - 68.24. Lift the age of criminal responsibility (Germany); (pending)

P - 68.25. Raise its crime responsibility threshold to comply with international standards (Slovakia); (pending)

P - 68.26. Raise the minimum age of criminal responsibility and establish detention facilities exclusive for minors, separate from those for adults (Spain); (pending)

P - 68.27. Further intensify efforts to adopt international standards in promoting and protecting human rights in the domestic legislation, including by reviewing the minimum age for criminal responsibility and adopting the juvenile justice standards (Indonesia); (pending)

P - 68.28. Strengthen the framework for protecting children's rights, particularly through measures to prevent child abuse, exploitation and violence against children, and consider revising the juvenile justice system to raise the age for criminal responsibility according to the Convention on the Rights of the Child (Mexico); (pending)
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The lack of a specialised juvenile justice system, including ensuring the separation of children from adults in detention
UN Committee on the Rights of the Child (Concluding Observations, November 2004)

The Committee is concerned at the very low minimum age of criminal responsibility, which is set at 8, and at the possibility that a person under 18 years can be sentenced to life imprisonment for murder. The Committee is further concerned that persons under 18 are not separated from adults when in detention, and that other problems in the administration of juvenile justice exist in the State party, including:

(a) A juvenile (defined as a person under the age of 16 years) can be tried as an adult if charged with an adult for a homicide;
(c) There are no separate facilities for persons under 18 and that they can be placed in adult prisons, which are reported to be overcrowded and in poor condition;

The Committee recommends that the State party review its legislation and policies to ensure the full implementation of juvenile justice standards, in particular article 37 (b) and article 40, paragraph 2 (b) (ii)-(iv) and (vii), of the Convention, as well as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines), and in the light of the Committee’s 1995 day of general discussion on the administration of juvenile justice (see CRC/C/46). In this regard, the Committee recommends that the State party, in particular:

(b) Amend legislation so that juveniles are not brought before an adult court;
(c) Ensure that detained children are always separated from adults and that deprivation of liberty is used only as a last resort, for the shortest appropriate time and in appropriate conditions; and
(d) In cases where deprivation of liberty is unavoidable and used as a last resort, improve procedures of arrest and conditions of detention and establish special units within the police for the handling of cases of children in conflict with the law. (Paragraphs 68 and 69)

Universal Periodic Review (October 2011)

A - 67.25 Review the legislation and policies to warrant the full observance of international juvenile justice standards and cooperate with UNICEF on this matter (Hungary); (accepted)

P - 68.26. Raise the minimum age of criminal responsibility and establish detention facilities exclusive for minors, separate from those for adults (Spain); (pending)

P - 68.27. Further intensify efforts to adopt international standards in promoting and protecting human rights in the domestic legislation, including by reviewing the minimum age for criminal responsibility and adopting the juvenile justice standards (Indonesia); (pending)

P - 68.28. Strengthen the framework for protecting children's rights, particularly through measures to prevent child abuse, exploitation and violence against children, and consider revising the juvenile justice system to raise the age for criminal responsibility according to the Convention on the Rights of the Child (Mexico); (pending)

P - 68.29. Address the issue of poor conditions in prison and detention centres in particular by ensuring the separation of juvenile offenders from adult inmates (Slovakia); (pending)

P - 68.30. Take steps to ensure that prisoners and detainees under the age of 18 are housed separately from the general prison population (Canada) (pending)
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Life imprisonment of children
UN Committee on the Rights of the Child (Concluding Observations, November 2004)

The Committee is concerned at the very low minimum age of criminal responsibility, which is set at 8, and at the possibility that a person under 18 years can be sentenced to life imprisonment for murder. The Committee is further concerned that persons under 18 are not separated from adults when in detention, and that other problems in the administration of juvenile justice exist in the State party, including:

(e) Persons under 18 years of age can be sent to prison, possibly for life, for murder or treason, since, by the State party’s own admission, the law does not stipulate the length of such incarceration.

The Committee recommends that the State party review its legislation and policies to ensure the full implementation of juvenile justice standards, in particular article 37 (b) and article 40, paragraph 2 (b) (ii)-(iv) and (vii), of the Convention, as well as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines), and in the light of the Committee’s 1995 day of general discussion on the administration of juvenile justice (see CRC/C/46). In this regard, the Committee recommends that the State party, in particular:

(c) Ensure that detained children are always separated from adults and that deprivation of liberty is used only as a last resort, for the shortest appropriate time and in appropriate conditions; and
(d) In cases where deprivation of liberty is unavoidable and used as a last resort, improve procedures of arrest and conditions of detention and establish special units within the police for the handling of cases of children in conflict with the law. (Paragraphs 68 and 69)

Universal Periodic Review (October 2011)

R - 69.16. Explicitly prohibit under criminal law life imprisonment and indeterminate detention of child offenders (Hungary); (rejected)
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Corporal punishment
UN Committee on the Rights of the Child (Concluding Observations, November 2004)

The Committee is seriously concerned about the Corporal Punishment Act and the 1973 Education Act which provides for corporal punishment, which is in clear contravention of article 19 of the Convention. The Committee is concerned that corporal punishment is still widely practised in the family, in schools and in other institutions.

The Committee recommends that the State party:

(a) Consider the immediate repeal of, or amendment to, the Corporal Punishment Act and the Education Act;
(b) Expressly prohibit corporal punishment by law in the family, schools and other institutions;
(c) Conduct awareness-raising campaigns to inform the public about the negative impact of corporal punishment on children and actively involve children and the media in the process; and
(d) Ensure that positive, participatory, non-violent forms of discipline are administered in a manner consistent with the child’s human dignity and in conformity with the Convention, especially article 28, paragraph 2, as an alternative to corporal punishment at all levels of society. (Paragraphs 35 and 36)

Universal Periodic Review (October 2011)

R - 69.9. Prohibit corporal punishment of children in all settings (Slovenia);

R - 69.10.Criminalise the corporal punishment of children in all circumstances and places (Uruguay); (rejected)

R - 69.11. Prohibit all forms of corporal punishment of children in any setting including the home and as a sentence of the courts (Uruguay); (rejected)

R - 69.12. Introduce a legal prohibition of corporal punishment as a punitive and corrective measure in the school system and in the family (Spain); (rejected)

R - 69.13. Consider taking necessary measures aimed at prohibiting all forms of corporal punishment (Brazil); (rejected)

R - 69.14. Consider the elimination of corporal punishment of children under 18 and ensure the compliance of its legal system with the Convention on the Rights of the Child (Chile); (rejected)

R - 69.15. Enact legislation, which prohibits all corporal punishment of children in all settings, including as a sentence in the courts and ensure that positive and non-violent forms of discipline are promoted through awareness raising campaigns about the impact of corporal punishment on children (Hungary); (rejected)
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Lack of provision for children with disabilities
UN Committee on the Rights of the Child (Concluding Observations, November 2004)

While noting the existence of the State-run special programme, institutions and special units for children with disabilities and the “Early Intervention Programme” instituted in 1990, and the information that making public buildings accessible for persons with disabilities is under consideration, the Committee remains concerned at the lack of:

(a) A comprehensive government policy for children with disabilities;
(b) Legislation specifically addressing the rights of disabled children and adults;
(c) Quality in the delivery and management of services for children with disabilities; and
(d) Full integration of children with disabilities into the regular schooling system.

The Committee recommends that the State party:

(a) Establish a comprehensive policy for children with disabilities;
(b) Review the situation of these children in terms of their access to suitable health care, education services and employment opportunities, and allocate adequate resources to strengthen services for children with disabilities, support their families and train professionals in the field;
(c) In the light of the Standard Rules on the Equalisation of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), further encourage the integration of children with disabilities into the regular educational system and their inclusion into society, inter alia by giving more attention to special training for teachers and making the physical environment, including schools, sports and leisure facilities and all other public areas, accessible for children with disabilities;
(d) Ensure the accessibility not only of public buildings but also of the transport system for children with disabilities; and
(e) Seek technical cooperation for the training of professional staff, including teachers, working with and for children with disabilities from, among others, UNICEF and WHO.

Universal Periodic Review (October 2011)

A - 67.10. Continue with the implementation of policies and good practices that contribute to improving the living conditions of people with disabilities, children and the elderly (Ecuador); (accepted)

A - 67.16. Integrate children with disabilities into the regular educational system and into society by special training for teachers and making the physical environment (schools, sports, leisure facilities and other public areas) accessible (Slovenia); (accepted)

P - 68.22. Establish a comprehensive policy for children with disabilities, as recommended by the Committee on the Rights of the Child (Israel); (pending)

P - 68.33. Request technical assistance and technical cooperation to the United Nations in order to, among other objectives, develop a national action plan to implement the Convention on the Rights of the Child, establish an independent national human rights institution, carry out public policies that prevent abuse and neglect of children, and address the problems faced by children with disabilities (Uruguay); (pending)
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Inadequate education provision
UN Committee on the Rights of the Child (Concluding Observations, November 2004)

The Committee welcomes the decision by the Board of Education to award scholarships and bursaries to children and the Board’s Textbook Assistance Scheme, which provides children, free of cost, with all the textbooks used in school at the primary and secondary levels. It welcomes the provision of free uniforms as of September 2004 in both primary and secondary schools, and the plan to introduce free meals in primary schools. It also notes with appreciation that education is free at all levels of the public school system until the age of 16. However, it remains concerned about a variety of problems, including: shortage of schools and overcrowding; material shortages in schools; equality of access to education; drop-out of boys. The Committee is also concerned that, owing to the entrance examination system, not all students are guaranteed entry into the free public secondary schools.

The Committee is also concerned that a significant number of pregnant teenagers do not generally continue their education, and that the Golden Opportunity Programme initiated by the Ministry of Education seems to have had little success. The Committee is also concerned that girls and young women are often forced to leave school because of pregnancy.

The Committee recommends that the State party carefully examine the budgetary allocations for and measures taken within the field with regard to their impact on the progressive implementation of the child’s right to education and leisure activities. In particular, the Committee recommends that the State party:

(a) Take further measures to facilitate access to education by children from all groups in society by, inter alia, building more schools, improving the provision of school materials, and abolishing the entrance examination system so as to guarantee all students access to public secondary schools;
(b) Take appropriate measures, with the participation of children, to increase school attendance and reduce the high drop-out and repetition rates;
(c) Provide education opportunities for pregnant teenagers;
(d) In the light of the Committee’s General Comment No. 1 on the aims of education, include human rights education, including the rights of children, in the school curriculum at all levels of education; and
(e) Seek further technical assistance from, inter alia, UNICEF and UNESCO. (Paragraphs57 to 59)

UN Committee on the Elimination of Racial Discrimination
Last reported: 28 February and 1 March 2007
Concluding Observations adopted: 11 April 2007

While the Committee welcomes the abolition of the practice of excluding children of non-citizens from State schools for the first two years of their stay in Antigua and Barbuda, it notes that children continue to be excluded due to lack of resources of certain schools, that there are no mechanisms in place to check the reasons for these exclusions, and to ensure that no child is denied access to education. (article 5 (e) (v))

The Committee recommends that the State party engage in a systematic review of any exclusions of children from schools to monitor the reasons for such exclusion, and that an independent mechanism be set up to administer the review and ensure that all children, whatever their social or national origins, enjoy the right to education. (Paragraph 18)
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Sexual abuse of children
UN Committee on the Rights of the Child (Concluding Observations, November 2004)

The Committee is concerned that the Sexual Offences Act of 1995 does not afford the same protection to boys as it does to girls. The Committee is also concerned at the low rate of prosecutions of those who sexually exploit children and that there is little in the way of public campaigns to educate the population about the laws governing sexual exploitation. The Committee notes that sexual exploitation of children should be a particular and growing concern for the State party, given its heavy reliance on commercial tourism.

The Committee recommends that the State party:

(a) Take appropriate legislative measures and ensure protection from sexual abuse and exploitation for boys and girls under 18 years;
(b) Undertake a comprehensive study to examine the sexual exploitation of children, gathering accurate data on its prevalence;
(c) Take appropriate legislative measures and develop an effective and comprehensive policy addressing the sexual exploitation of children, including the factors that place children at risk of such exploitation;
(d) Avoid criminalising child victims of sexual exploitation and ensure proper prosecution of perpetrators; and
(e) Implement appropriate policies and programmes for the prevention of this crime and the recovery and reintegration of its victims, in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children. (Paragraphs 64 and 65)

Universal Periodic Review (October 2011)

A - 67.26. Provide for a child-sensitive, accessible complaint mechanism, ensuring a proper redress, rehabilitation and social reintegration for the child victims of abuse (Slovakia); (accepted)

A - 67.27. Implement measures to facilitate the handling and investigation of complaints in an understandable fashion for children; ensure the adequate prosecution of perpetrators of child abuse and neglect; and provide services for physical and psychological recovery as well as the social reintegration of victims of sexual abuse (Uruguay); (accepted)
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Low minimum age for employment

ILO, Observation (Comments of the Committee of Experts - CEACR, 2014). Minimum Age Convention, 1973 (No. 138) - Antigua and Barbuda (Ratification: 1983)

Article 3(1) and (2) of the Convention. Minimum age for admission to hazardous work and determination of these types of work.

The Committee previously noted the Government’s indication that consultations were held with the unions and employers’ federation regarding the activities and occupations to be prohibited to persons below 18 years. It noted that though a recommendation was made, it was not taken before the National Labour Board, as it was the Government’s aim to revamp the occupational health and safety legislation. Thereafter, the Committee noted the Government’s statement that the proposed amendments to the section of the Labour Code on occupational health and safety provisions have been circulated to Cabinet, but have not yet been adopted. It further noted the Government’s indication that technical assistance was sought in consideration for new and separate occupational health and safety legislation.

The Committee notes with regret that the Government’s report does not contain any information relating to any amendments to the national labour legislation in this regard. However, the Government indicates that it will act accordingly. The Committee, therefore once again, reminds the Government that Article 3(1) of the Convention provides that the minimum age for admission to any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety, or morals of young persons, shall not be less than 18 years. It also reminds the Government that, under the terms of Article 3(2) of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. Observing that the Convention was ratified by Antigua and Barbuda more than 30 years ago, the Committee urges the Government to take the necessary measures to ensure that a list of activities and occupations prohibited for persons below 18 years of age is adopted in the near future, in accordance with Article 3(1) and (2) of the Convention. It encourages the Government to pursue its efforts in this regard through amendments to the occupational health and safety legislation, and to provide information on progress made. Lastly, it requests the Government to provide a copy of the amendments to the occupational health and safety legislation once adopted.

 Inadequate legal protections against the trafficking of children 

ILO Direct Request (CEACR, 2014)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Antigua and Barbuda (Ratification: 2002)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children.