BAHAMAS: Children's Rights in UN Treaty Body Reports

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purpose of clarity.

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UN Human Rights Committee

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UN Committee on Economic, Social and Cultural Rights

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UN Committee on the Elimination of Racial Discrimination
Last reported: 26 and 27 February 2004
Concluding Observations adopted: 28 April 2004

Issues raised:

  • Discrimination in relation to citizenship rights: The Committee takes note of the constitutional reform process now in progress but is concerned at the fact that the Constitution contains discriminatory provisions on the subject of women's rights to transmit their nationality to their children and foreign spouses.

    It invites the State party to continue its efforts to remedy such discrimination, and draws its attention to the Committee's general recommendation XXV (2000) on gender-related dimensions of racial discrimination. (Paragraph 16)

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UN Committee on the Elimination of Discrimination against Women

CEDAW/C/BHS/4)

Last reported: 20 July 2012

Concluding Observations issued: 6 August 2012

Issues raised:

Stereotypes:  The Committee notes with appreciation the existence of the National Parenting Programme, which challenges parents to move away from the traditional roles of women and men, and the current review of the Health and Family Life Curriculum of the Ministry of Education to address gender stereotypes. However, the Committee expresses its deep concern at the persistence of adverse cultural norms, practices and traditions, as well as patriarchal attitudes and deep-rooted stereotypes regarding the roles, responsibilities and identities of women and men in the family (according to which men are considered breadwinners and women family caregivers), in the workplace, in politics and in society. The Committee notes that stereotypes contribute to sex-based inequalities in all areas of life and the persistence of violence against women. Para 21.

The Committee recommends that the State party put in place, without delay, a comprehensive strategy with a results-oriented approach to eliminate stereotypes that discriminate against women in the family, in the workplace, in politics and in society, in conformity with articles 2 (f) and 5 (a) of the Convention. Such measures should include concerted efforts, carried out within a clear time frame and in collaboration with civil society, to educate and raise awareness about this subject, targeting women and men at all levels of society, and should involve the school system and the media.

 

Violence:  The Committee welcomes the campaign undertaken against rape, the launching of various initiatives to combat violence against women and the enactment of the Sexual Offences and Domestic Violence Act 1991 and the Domestic Violence (Protection Orders) Act 2007. However, the Committee is concerned about: Para 23.

           (a)      The high prevalence of violence, including rape, in the State party and the persistence of domestic violence;

           (b)      The lack of a comprehensive law addressing violence against women;

           (c)      The postponement of the adoption of an amendment to the Sexual Offences and Domestic Violence Act 1991, criminalizing marital rape;

           (d)      The lack of a comprehensive plan that addresses all forms of violence against women and girls;

           (e)      The slowness of the justice system and its negative impact on women victims of violence;

           (f)      The limited number of State-run shelters for victims of domestic violence, particularly in theFamilyIslands, and the lack of access to shelters for women with sons over the age of 10 years;

           (g)      The absence of data on reported cases of gender-based violence and on prosecution and conviction rates with respect to violence against women, and the delay in establishing a protocol for the systematic and regular gathering and analysis of data and information on all forms of violence against women.

24.     The Committee urges the State party to:

           (a)      Consider adopting a comprehensive law addressing violence against women;

           (b)      Promptly raise awareness among the population on the criminal nature of marital rape and amend the Sexual Offences and Domestic Violence Act 1991 to criminalize marital rape;

           (c)      Adopt a comprehensive plan that addresses all forms of violence against women and girls and a strategy for its implementation;

           (d)      Take necessary measures to ensure speedy access to justice for women victims of all forms of gender-based violence;

           (e)      Provide adequate assistance and protection to women victims of violence, in particular psychosocial rehabilitation and an adequate number of shelter facilities, including in the Family Islands, specializing in the protection of victims of domestic violence and accepting women with their children;

           (f)      Collect comprehensive statistical data on violence against women, disaggregated by sex, age and relationship between the victim and perpetrators, including data on the number of complaints, prosecutions and convictions, and on the sentences imposed on perpetrators of sexual and gender-based violence and include such data in the next report of the State party.

 

Trafficking: While noting the enactment of the Trafficking in Persons (Prevention and Suppression) Act 2008, the Committee remains concerned about: Para 25.

           (a)      The absence of effective implementation of the Act and the absence of cases brought before the court since the Act came into force;

           (b)      The absence of policies and programmes addressing prevention, protection, assistance and legal support for victims of trafficking, including those who are exploited in forced prostitution;

           (c)      The number of children involved in prostitution and child pornography and the lack of awareness-raising activities among the actors directly related to the tourist industry about children, and presumably girls, engaged in certain activities related to tourism who are at risk of becoming involved in commercial sexual exploitation;

           (d)      The criminalization of prostitution (imprisonment for five years) through the Sexual Offences and Domestic Violence Act 1991 (para. 8 (a)).

26.     The Committee recommends that the State party:

           (a)      Ensure the effective enforcement of the Trafficking in Persons (Prevention and Suppression) Act 2008; strengthen the Government’s Inter‑Ministry Committee on Trafficking in Persons and the Trafficking in Persons Task Force to this effect; and, further to the 2008 Act, finalize without delay, the draft national plan of action with a results-oriented approach, including specific indicators and targets;

           (b)      Strengthen mechanisms for the investigation, prosecution and punishment of trafficking offenders;

           (c)      Develop policies and programmes addressing prevention, protection, assistance and legal support for victims of trafficking, including those who are exploited in forced prostitution, and establish special shelters for women victims of trafficking;

           (d)      Take the necessary measures to eliminate child pornography and raise awareness among the actors directly related to the tourism industry about children, and presumably girls, engaged in certain activities related to tourism who are at risk of becoming involved in commercial sexual exploitation;

           (e)      Review its prostitution policy and relevant legislation, in particular the Sexual Offences and Domestic Violence Act 1991, with a view to decriminalizing women’s involvement in prostitution, ensuring that women involved in the sex trade are not punished and discouraging male demand for prostitution;

           (f)      Increase efforts aimed at international, regional and bilateral cooperation with countries of origin, transit and destination in order to prevent trafficking through information exchange and to harmonize legal procedures aimed at the prosecution and punishment of traffickers.

 

Nationality:  The Committee is concerned that the State party does not see itself as bound by the provisions of article 9 (1) and (2) of the Convention on the ground that Bahamian citizens voted, in a constitutional referendum, against the withdrawal of the constitutional provision preventing women from passing their nationality to their children or to their spouses of foreign nationality. Moreover, the Committee is concerned about the penalization of asylum seekers for illegal entry and stay in the country and about their conditions of detention, which are particularly inadequate for women and children. Para 29.

30.     The Committee recommends that the State party:

           (a)      Raise awareness among the population on the equal rights of women and men with regard to transmission of nationality;

           (b)      Amend its Constitution and relevant domestic laws to grant Bahamian women equal rights with men regarding the transmission of their nationality to their children or to their spouses of foreign nationality;

           (c)      Withdraw its reservation to article 9 (2) of the Convention;

           (d)      Ensure that refugees and asylum seekers, in particular women and girls, are not penalized for illegal entry and stay in the country, that detention of asylum seekers is used only as a last resort, where necessary and for as short a period as possible, and that safeguards against refoulement are fully implemented; improve the conditions in detention facilities for women asylum seekers in accordance with international standards; and ensure the provision of adequate health facilities and services, in particular for pregnant women.

 

Education: The Committee commends the high literacy rate of women in the State party, the enactment of the Education Act of 1962 and its amendment of 1996 that provide for universal and equal access to education, and the steps taken to encourage girls to enter non-traditional areas. However, the Committee remains concerned about: (Para 31).

           (a)      The existence of some challenges/barriers that women face when attending adult education and literacy classes, including cultural patterns, opposition from husbands, health issues, hiding of literacy deficiencies, lack of access for persons with disabilities and lack of programmes in remote areas;

           (b)      The lack of data on the representation of women and girls in traditionally male-dominated fields of study, such as engineering and information technology;

           (c)      The persistence of stereotypes in school curricula despite the 1997 curriculum reform that eliminated stereotypes throughout the natural sciences, English-language studies and technical and vocational subjects.

32.     The Committee recommends that the State party:

           (a)      Take the necessary measures to eliminate the barriers that prevent women from attending adult education and literacy classes;

           (b)      Collect data on the representation of women in traditionally male‑dominated fields of study and encourage women and men to choose non‑traditional fields of education and careers;

           (c)      Evaluate the content of curricula to ensure that they are gender-sensitive and gender-responsive and explicitly address principles of equality between women and men; and undertake a new revision of educational textbooks and of family life and health education curricula to eliminate remaining gender stereotypes.

 

 

Health:    The Committee is concerned about: Para 35.

           (a)      The inadequate access to mental health services in theFamilyIslands;

           (b)      The high rate of teenage pregnancies among adolescents and the low rate of contraceptive use;

           (c)      The inadequate provision of education on sexual and reproductive health and rights;

           (d)      The increasing incidence of HIV/AIDS among adolescents and the higher prevalence of HIV/AIDS among women than among men;

           (e)      The prevalence of breast cancer as one of the five leading causes of mortality among women;

           (f)      The absence of legal provisions allowing abortion in cases of rape or incest, which lead women to seek unsafe and illegal abortions;

36.     In line with its general recommendation No. 24 (1999) on women and health, the Committee calls on the State party to:

           (a)      Continue its efforts to ensure access of women, including women from the Family Islands, to adequate health facilities and services, and increase women’s access to mental health services in the Family Islands;

           (b)      Widely promote education on sexual and reproductive health and rights, including by:

           (i)       Undertaking large-scale awareness-raising campaigns for the population in general, with special attention to early pregnancy and the importance of using contraceptives for family planning and the prevention of sexually transmitted diseases, including HIV/AIDS;

           (ii)      Integrating effective and age-appropriate education on sexual and reproductive health and rights into the health and family life education curricula for all school levels;

           (c)      Ensure that all women and girls have free and adequate access to contraceptives and sexual and reproductive health services, including in the Family Islands;

           (d)      Take holistic measures to combat HIV/AIDS and ensure that women and girls infected with HIV are given appropriate assistance;

           (e)      Strengthen measures to prevent breast cancer by ensuring that women are aware of and have affordable access to screening procedures;

           (f)      Broaden the conditions under which abortion can be legally available, including in instances of rape and incest.

 

 

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UN Committee against Torture

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UN Committee on Migrant Workers

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UN Committee on the Rights of Persons with Disabilities

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UN Committee on Enforced Disappearance

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Countries

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