Submitted by crinadmin on
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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- Child abuse and domestic violence
- Corporal punishment
- High rates of HIV and AIDS and insufficient response
- Teenage pregnancy
- Trafficking of children
- Early marriage and definition of Child
- Nationality and statelessness
- Abuse and neglect
- Sexual exploitation and abuse
- Access to Sexual and Reproductive Health Information and Services
- Administration of juvenile justice
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Child abuse and domestic violence
UN Committee on the Rights of the Child (Concluding Observations, August 1999)
The Committee notes the commitment of the State party to the introduction of mandatory reporting for suspected cases of child abuse. While acknowledging the progress made, the Committee remains concerned that existing legislation is still not sufficient to provide strong protection against child abuse, including sexual abuse. The Sexual Offences Act, 1992 provides very harsh sentences for only one specific form of sexual abuse of children under 14. At the same time, other information seems to indicate that there are considerable difficulties in applying this legislation, in particular when a parent is reluctant to testify or allow the abused child to testify. In addition, the Committee is concerned that the Domestic Violence (Protection Orders) Act, 1992, although showing progress in removing police discretion in the referral to court of cases of domestic violence, still fails to ensure a sufficient level of protection for children in cases of domestic violence. The Committee is convinced that the need to ensure full protection from all forms of abuse in accordance with article 19 of the Convention requires legislative measures guaranteeing that child maltreatment will not be tolerated.
The Committee recommends that the State party reassess the impact of current measures and policies. It urges the State party to develop and implement systematically projects and programmes to address the need for: prevention of child abuse; protection from abuse, including procedures to protect children from possible further victimisation by the legal system; and provision of rehabilitation services in accordance with article 39 of the Convention; and to this effect, to carry out awareness-raising campaigns and a careful review of existing legislation. (Paragraph 23)
Universal Periodic Review (December 2008)
77. 13 (2nd half) work towards taking measures in relation to the psychological and physical impact of domestic violence on children (Brazil); (pending)
77. 13 (first half) Take appropriate legislative and administrative measures to fight against domestic violence and physical abuse of children, and engage in an exchange of information with those countries that are developing best practices in these fields (Italy); (rejected)
Universal Periodic Review (March 2013)
102.78. Devote more resources to the protection of women and children from domestic violence and any other kind of abuses (Italy);
102.79. Consider establishing a national plan of action to prevent sexual violence against children and women (Mexico);
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UN Committee on the Rights of the Child (Concluding Observations, August 1999)
The Committee is seriously concerned about the high proportion of children who appear to be victims of physical abuse, in most instances accompanied by psychological and emotional abuse. The Committee is highly concerned about the subjective element involved in legislation that permits a "reasonable degree" of physical chastisement as a disciplinary method. The Committee is concerned that the tolerance of corporal punishment in schools will make it extremely difficult to educate parents about alternative forms of discipline, and wishes to point out that there is usually a connection between the social and legal acceptability of corporal punishment and the high level of child abuse which is of serious concern.
The Committee encourages the State party to review its policies and legislation in order to eliminate corporal punishment as a method of discipline and to implement fully the provisions of articles 19 and 39 of the Convention; it recommends that the State party increase its efforts to educate the public about the negative impact of corporal punishment on the development of the child and on the effort to prevent child abuse; finally, the Committee encourages the State party to seek international assistance and advice on successful examples of how to overcome traditional social attitudes regarding corporal punishment. (Paragraph 22)
UN Human Rights Committee
Last reported: 21-22 March 2007
Concluding Observations published: 11 May 2007
The Committee is concerned that corporal punishment is still available as part of judicial sentences and is permitted within the penal and education systems.
The State party should take immediate measures to eliminate corporal punishment as a legitimate sanction in its law and to discourage its use in schools. The State party should also take all necessary measures towards the eventual total abolition of corporal punishment. (Paragraph 12).
Universal Periodic Review (December 2008)
14. (third part) Conduct public awareness initiatives to change peoples' attitudes to corporal punishment (Slovenia); (accepted)
14. (2nd part) Address the concerns raised by the Human Rights Committee and the Committee on the Rights of the Child on corporal punishment (Turkey); take measures to eliminate corporal punishment a a legitimate sanction in the law and to discourage its use in schools with a view to its eventual and total abolition;(Slovenia) (accepted)
14.(1st part) Eliminate all forms of corporal punishment from its legislation (Chile); (rejected)
Committee on the Rights of the Child, Concluding Observations (March 2017)
31. While welcoming the promotion of positive forms of discipline through awareness-raising and training programmes, in cooperation with UNICEF, the Committee remains deeply concerned that corporal punishment is lawful and widely used in homes and schools, and legally allowed in institutions as punishment in the case of children who commit criminal offences.
32. In the light of its general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, the Committee urges the State party to:
a) Explicitly prohibit in legislation corporal punishment in all settings, including at home, in schools and in the justice system, without any exception;
b) Ensure that the prohibition of corporal punishment is adequately monitored and enforced;
c) Continue promoting positive, non-violent and participatory forms of child-rearing and discipline, strengthen teacher training on positive discipline and ensure that behaviour management guidelines are part of teacher training programmes;
d) Establish a complaints mechanism in schools so that children can safely and confidentially report teachers who continue to use corporal punishment;
e) Ensure that offenders are brought before the competent administrative and judicial authorities;
f) Conduct awareness-raising programmes, including campaigns, training sessions and other activities to promote a change in the mindset on corporal punishment in all settings.
Universal Periodic Review (March 2013)
102.82. Adopt measures to eliminate corporal punishment (Slovenia); (Rejected)
102.83. Repeal the provisions allowing for corporal punishment in public schools and strengthen national legislation to protect children against all forms of violence or ill-treatment (France); (Rejected)
102.84. Abolish corporal punishment as a disciplinary measure for children in all areas (Germany); (Rejected)
102.85. Adopt immediate measures to abolish corporal punishment as a disciplinary measure, and intensify efforts to educate the population on the negative effects of corporal punishment on the development of the child (Uruguay); (Rejected)
102.86. Continue to request international assistance and advice on successful examples on ways to change traditional social attitudes that accept corporal punishment (Uruguay); (Accepted)
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High rates of HIV and AIDS and insufficient response
UN Committee on the Rights of the Child (Concluding Observations, August 1999)
The Committee welcomes the State party's efforts to reduce the rates of adolescent pregnancy. It welcomes the efforts to raise awareness about reproductive health and rights through initiatives such as the Family Life Development Programme. Despite these efforts, the Committee remains concerned about the high levels of adolescent pregnancy and abortion, about the rising incidence of HIV and AIDS, and about the effect this has on children infected or affected (in particular those orphaned) by the epidemic.
The Committee recommends that the State party give careful attention to the recommendations formulated by the Committee during its day of general discussion on "The rights of children living in a world with HIV/AIDS" (CRC/C/80, para. 243). It recommends that the State party increase its efforts to provide appropriate adolescent health services, consider the possibility of actively involving adolescents in the formulation of policies and treatment programmes in accordance with their evolving capacity, and make it possible for adolescents to have access to medical advice and treatment without parental consent in accordance with their age and maturity. (Paragraph 25)
UN Committee on the Elimination of Discrimination against Women
Last reported: 13 August 2002
Concluding Observations published: 23 August 2002
The Committee urges the State party to address the gender dimensions of HIV/AIDS, including the power differential between women and men, which often prevents women from insisting on safe and responsible sex practices. It encourages the State party to strengthen its efforts to raise awareness and educate women and girls on ways of self-protection. (Paragraph 248).
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UN Committee on the Rights of the Child (Concluding Observations, August 1999)
The Committee welcomes the State party's efforts to reduce the rates of adolescent pregnancy. It welcomes the efforts to raise awareness about reproductive health and rights through initiatives such as the Family Life Development Programme. Despite these efforts, the Committee remains concerned about the high levels of adolescent pregnancy and abortion, about the rising incidence of HIV and AIDS, and about the effect this has on children infected or affected (in particular those orphaned) by the epidemic.
The Committee recommends that the State party give careful attention to the recommendations formulated by the Committee during its day of general discussion on "The rights of children living in a world with HIV/AIDS" (CRC/C/80, para. 243). It recommends that the State party increase its efforts to provide appropriate adolescent health services, consider the possibility of actively involving adolescents in the formulation of policies and treatment programmes in accordance with their evolving capacity, and make it possible for adolescents to have access to medical advice and treatment without parental consent in accordance with their age and maturity. (Paragraph 25)
UN Committee on the Elimination of Discrimination against Women
Last reported: 13 August 2002
Concluding Observations published: 23 August 2002
The Committee is concerned about the increasing number of teenage pregnancies and its consequences for girls' enjoyment of the rights guaranteed by the Convention, particularly in the spheres of education and health.
The Committee recommends that the State party increase efforts to include age-appropriate sex education in school curricula and to conduct awareness campaigns so as to prevent teenage pregnancy. The Committee requests the State party to include information on the impact of programmes to prevent teenage pregnancy in its next periodic report. (Paragraphs 249 and 250)
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UN Committee on the Elimination of Discrimination against Women
Last reported: 13 August 2002
Concluding Observations published: 23 August 2002
The Committee is concerned at the limited information provided on trafficking in women and girls and their exploitation in prostitution in the State party's report. The Committee is concerned that there is no data on prostitution and that the issue is not being addressed.
The Committee recommends the introduction of policies to ensure the prosecution of, and strong penalties for, those who exploit prostitutes. In view of the growing emphasis on tourism in the State party, the Committee requests it to provide in its next report comprehensive information and data on the trafficking of women and girls and their exploitation in prostitution and the measures taken to prevent and combat these activities. (Paragraphs 235 and 236)
International Labour Organisation
CEACR: Individual Direct Request concerning the Worst Forms of Child Labour Convention (No. 182)
Submitted: 2011
Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children.
In its previous comments, the Committee noted that there appear to be no legal provisions in Barbados that specifically prohibit trafficking in children. Moreover, the Committee noted the Exploratory Assessment of Trafficking in Persons in the Caribbean Region issued by the International Organisation for Migration in 2005 found that some level of human trafficking existed in Barbados for the purpose of sexual exploitation and domestic servitude (page 57 of the report). The Committee once again brought to the Government's attention that, under Article 3(a) of the Convention, the trafficking of children under the age of 18 constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour must be taken as a matter of urgency.
Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching to children at special risk. Victims of trafficking
The Committee noted the statement in the International Organisation for Migration report that “there are presently no alternatives for dealing with possible victims of trafficking other than deportation, whereas there should be provisions in place for their immediate protection and voluntary return. The present system further victimises the victim” (page 54). Consequently, the Committee requests the Government to provide information on effective and time-bound measures taken to address the situation of children who have been the victims of trafficking, including measures to send such children to rehabilitation programmes.
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Early Marriage & Definition of Child
Committee on the Rights of the Child, Concluding Observations (March 2017)
19. The Committee is concerned that although the minimum age of marriage is 18 years, children may still be married from the age of 16 with the consent of their parents.
20. The Committee recommends that the State party amend its Family Law Act to remove any exception to the minimum age of marriage, which is set at 18 years.
Committee on the Rights of the Child, Concluding Observations (March 2017)
29. The Committee welcomes the commitment made by the State party during the universal periodic review in 2013 to amend national legislation to reflect the fact that any child born outside the State party to a citizen is entitled to citizenship by descent. However, the Committee is concerned that the Constitution and Citizenship Act contain provisions that discriminate on the basis of the gender and marital status of the parents and do not fully safeguard against children being stateless.
30. Taking into account target 16.9 of the Sustainable Development Goals on providing legal identity for all, including birth registration, the Committee recommends that the State party amend its Citizenship Act and establish safeguards to prevent children from being stateless. It also recommends that the State party consider withdrawing its reservation to the Convention relating to the Status of Stateless Persons and consider ratifying the Convention on the Reduction of Statelessness.
Committee on the Rights of the Child, Concluding Observations (March 2017)
31. While welcoming the promotion of positive forms of discipline through awareness-raising and training programmes, in cooperation with UNICEF, the Committee remains deeply concerned that corporal punishment is lawful and widely used in homes and schools, and legally allowed in institutions as punishment in the case of children who commit criminal offences.
32. In the light of its general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, the Committee urges the State party to:
a) Explicitly prohibit in legislation corporal punishment in all settings, including at home, in schools and in the justice system, without any exception;
b) Ensure that the prohibition of corporal punishment is adequately monitored and enforced;
c) Continue promoting positive, non-violent and participatory forms of child-rearing and discipline, strengthen teacher training on positive discipline and ensure that behaviour management guidelines are part of teacher training programmes;
d) Establish a complaints mechanism in schools so that children can safely and confidentially report teachers who continue to use corporal punishment;
e) Ensure that offenders are brought before the competent administrative and judicial authorities;
f) Conduct awareness-raising programmes, including campaigns, training sessions and other activities to promote a change in the mindset on corporal punishment in all settings.
Universal Periodic Review (March 2013)
102.82. Adopt measures to eliminate corporal punishment (Slovenia); (Rejected)
102.83. Repeal the provisions allowing for corporal punishment in public schools and strengthen national legislation to protect children against all forms of violence or ill-treatment (France); (Rejected)
102.84. Abolish corporal punishment as a disciplinary measure for children in all areas (Germany); (Rejected)
102.85. Adopt immediate measures to abolish corporal punishment as a disciplinary measure, and intensify efforts to educate the population on the negative effects of corporal punishment on the development of the child (Uruguay); (Rejected)
102.86. Continue to request international assistance and advice on successful examples on ways to change traditional social attitudes that accept corporal punishment (Uruguay); (Accepted)
35. The Committee remains concerned that the State party’s legislation does not provide strong protection against child sexual abuse. It is further concerned at the absence of a comprehensive policy to address the sexual exploitation of children.
36. The Committee urges the State party to:
a) Adopt appropriate laws that clearly and explicitly define and prohibit child sexual abuse and exploitation;
b) Initiate a prompt, efficient, effective and child-friendly system for the mandatory reporting of cases of child sexual abuse and exploitation in the home, in schools, in institutions or in other settings, investigate and prosecute all reports and allegations of child sexual abuse and exploitation, and punish perpetrators by handing down sentences commensurate with the gravity of the crime;
c) Conduct awareness-raising activities to combat the stigmatization of victims of sexual exploitation and abuse, including incest;
d) Ensure the development of programmes and policies for the prevention of abuse and the recovery and social reintegration of child victims.
Access to Sexual and Reproductive Health Information and Services
Committee on the Rights of the Child, Concluding Observations (March 2017)
Adolescent health
47. The Committee remains concerned at the lack of access to sexual and reproductive health information and services, including modern contraception methods, by adolescent girls and the consequent high rate of teenage pregnancies and abortions, and transmission of HIV. The Committee is also concerned at the growing alcohol and drug consumption by children and adolescents in the State party.
48. In the light of its general comment No. 4 (2003) on adolescent health and development in the context of the Convention, the Committee recommends that the State party:
a) Adopt a comprehensive sexual and reproductive health policy for adolescents and ensure that sexual and reproductive health education is part of the mandatory school curriculum and targeted at adolescent girls and boys, with special attention paid to preventing early pregnancy and sexually transmitted infections, including HIV;
b) Develop and implement a policy to protect the rights of pregnant teenagers, adolescent mothers and their children and combat discrimination against them;
c) Ensure adequate sexual and reproductive health services for adolescents, in particular access to modern contraception methods, including emergency contraception, as well as antenatal, delivery and postnatal care, safe abortion and post-abortion care, and a monitoring mechanism;
d) Take measures to raise awareness of and foster responsible parenthood and sexual behaviour, with particular attention given to boys and men;
e) Address the incidence of drug and alcohol consumption by children and adolescents by, inter alia, providing children and adolescents with accurate and objective information and life-skills education on preventing substance abuse, including tobacco and alcohol, and develop accessible and youth-friendly drug-dependence treatment and harm reduction services.
Economic exploitation and abuse, including child labour
Committee on the Rights of the Child, Concluding Observations (March 2017)
56. The Committee notes with serious concern that despite the ratification of the main International Labour Organization (ILO) conventions on child labour, the State party’s legislation is not in line with international standards, as it does not establish a clear minimum age for children’ s work and does not prohibit the involvement of children in hazardous work. The Committee is also concerned at the lack of data on the extent of child labour in the State party, as well as at the weak mechanism of child labour inspection.
57. The Committee urges the State party to:
a) Harmonize the legislation on child labour with international standards, establish a clear minimum age for children’s work, explicitly prohibit the employment of children under the age of 18 in hazardous work and establish a list of hazardous occupations;
b) Develop a comprehensive framework of labour inspection, occupational health and safety standards and a system for collecting data on the extent of child labour in the State party;
c) Further engage with international donors, agencies, civil society organizations and the business sector in order to combat child labour and the economic exploitation of children who are at risk of being engaged in the worst forms of child labour, particularly those in disadvantaged and marginalized situations;
d) Seek technical assistance from the International Programme on the Elimination of Child Labour of the ILO in this regard.
Administration of juvenile justice
Committee on the Rights of the Child, Concluding Observations (March 2017)
60. The Committee notes the information provided by the State party on the current review of its juvenile justice system and the elaboration of the juvenile justice bill, as well as the removal of indeterminate detention “at Her Majesty’s pleasure” and the review of the cases of children who are currently so detained. However, it remains deeply concerned that:
a) While the age of criminal responsibility has been raised to 11, it remains low;
b) Children older than 16 are not considered children by the juvenile justice system, are treated and tried as adults and therefore lack the protection afforded by the Convention;
c) In spite of the provisions of the Community Legal Services Act, children detained and/or convicted for criminal offences are not always represented by legal counsel in practice and parents can waive their children’ s right to legal counsel;
d) The juvenile justice system is focused on punishment rather than prevention and there are no legal provisions to ensure that deprivation of liberty is used as a last resort and for the shortest time possible;
e) Children can be sentenced to deprivation of liberty for long periods of time for status offences;
f) The Reformatory and Industrial Schools Act mixes children in conflict with the law and children in need of care and protection in a punishment-oriented institution and regime.