BELIZE: 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.

 


UN Human Rights Committee

 CCPR/C/BLZ/CO/1

Last reported: 15 March 2013                                                                   Concluding Observations issued: 26 April 2013

Issues raised and recommendations given:

Juvenile justice: The Committee regrets that the State party continues to maintain a reservation to article 14, paragraph 3(d) of the Covenant because the State party cannot fully guarantee the implementation of the right to free legal assistance. The Committee is concerned that the lack of free legal assistance affects the delivery of justice and particularly the juvenile justice system. The Committee recalls its general comment No. 32 (2007) on the right to equality before courts and tribunals and to a fair trial, and reiterates that “article 14, paragraph 3 (d) guarantees the right to have legal assistance assigned to accused persons whenever the interests of justice so require”. The Committee notes that a blanket reservation to article 14, paragraph 3 (d) has the effect of depriving accused persons of the minimum guarantees set thereunder when the interests of justice may require that such persons be provided with legal assistance. The State party should consider withdrawing its reservation. In the meantime, the State party should give urgent priority to providing legal representation to juveniles facing imprisonment in order to meet its obligations under article 24. (arts. 2, 14 and 24) (Para. 7)

Discrimination: The Committee regrets the lack of information regarding the extent to which the State party’s legislation prohibits discrimination on the basis of language, religion, opinion, social origin, property, birth or other status as provided for in article 2 of the Covenant. The State party should provide such information and, if necessary, bring its legislation in line with the scope of articles 2 and 26 of the Covenant. The Committee takes note that certain individuals in the State party have instituted proceedings challenging the constitutionality of section 53 of the Criminal Code, which prohibits same sex relations, and of section 5(1)(e) of the Immigrations Act, which includes homosexuals on the list of prohibited persons for purposes of immigration. The Committee further notes that as such these matters are sub judice. However, it is concerned that the State party lacks any constitutional or statutory provision expressly prohibiting discrimination on grounds of sexual orientation or gender identity. (arts. 2 and 26) (Para. 11)

LGBT rights: The Committee is further concerned at reports of violence against lesbian, gay, bisexual, and transgender (LGBT) persons. The State party should review its Constitution and legislation to ensure that discrimination on grounds of sexual orientation and gender identity are prohibited. The Committee further urges the State party to include in its initial report information on the outcome of the case challenging the constitutionality of section 53 of the Criminal Code and section 5(1)(e) of the Immigration Act. The State party should also ensure that cases of violence against LGBT persons are thoroughly investigated and that the perpetrators are prosecuted, and if convicted, punished with appropriate sanctions, and that the victims are adequately compensated. (arts. 2, 12 and 26) (Para. 13)

Corporal punishment: While welcoming the enactment of the Education and Training Act of 2010, which prohibits corporal punishment in schools, the Committee remains concerned that corporal punishment remains lawful under the Criminal Code. The Committee regrets the State party’s response in the replies to the list of issues, that there has never been an initiative to repeal the provision in the Criminal Code which permits corporal punishment. The State party should take practical steps to put an end to corporal punishment in all settings. In this regard, the State party should repeal the provisions of the Criminal Code, which permit the use of corporal punishment. The State party should act vigorously to prevent any use of corporal punishment under the Criminal Code as a form of punishment for criminal offences until it repeals the provisions in the Criminal Code. (arts. 7 and 24) (Para. 18)

Birth registration: While taking note of the efforts by the State party to improve birth registration such as the establishment of points of registration at major hospitals, the Committee remains concerned at reports of shortcomings and cumbersome steps for birth registration such that most children in the State party remain without birth registration certificates. The Committee is concerned at the lack of information on how the failure to register and obtain birth certificates affects claims for nationality and social benefits. The State party should strengthen its efforts to realize birth registration and the provision of birth certificates for all children, particularly in the rural areas, through appropriate interventions such as awareness-raising programmes on the need to register births and to simplify procedures for registration. The State party should provide information in its initial report on the impact of the lack of birth certificates on claims to nationality and access to social benefits. (art. 24) (Para. 22)

Education: The Committee is concerned at the high dropout rates of pregnant teenage girls from school and the poor return rates after pregnancy. The Committee is concerned at the lack of data on the State party’s efforts to improve this situation. The State party should enhance its efforts to raise awareness on the importance of women and girls’ education. In this regard, the State party should adopt specific measures aimed at reducing the school dropout rates of teenage pregnant girls and at encouraging pregnant teenage girls to continue school after giving birth. The State party should also provide statistical data on this phenomenon in its initial report, particularly focusing on efforts undertaken to improve the situation at the primary and secondary levels of the education system. (art. 24) (Para. 23)

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UN Committee on Economic, Social and Cultural Rights
 

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UN Committee on the Elimination of Racial Discrimination

 CERD/C/BLZ/CO/1

Last reported: 16 August 2012
Concluding Observations issued: 3 May 2013

Issues raised:

Human rights education: The Committee is concerned about the absence of human rights education in school curricula as well as in training for law enforcement officials, including on the provisions of the Convention. The Committee is also concerned at the insufficiency of measures taken to promote understanding and tolerance among different ethnic groups (art. 7). Para 14.

The Committee recommends that the State party take appropriate measures to ensure that human rights education is included in school curricula and that law enforcement officials at different levels, including police officers, magistrates, judges, lawyers and those working with the Office of the Ombudsman, receive human rights training, including on the provisions of the Convention. It also recommends that the State party increase its efforts to promote understanding and tolerance among different ethnic groups residing in its territory.

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UN Committee on the Elimination of Discrimination against Women

CEDAW/C/BLZ/3-4

Last reported: 24 July 2007
Concluding Observations issued: 10 August 2010

Issues raised:

Trafficking: While the Committee notes the enactment of the Trafficking in Persons (Prohibition) Act in 2003, the Committee is concerned that Belize is becoming a destination country for trafficked women from El Salvador, Guatemala, Honduras and Nicaragua. The Committee is also concerned about the lack of information regarding the extent of trafficking and exploitation of prostitution in the country, and the potential negative impact that increased tourism could have on the incidence of prostitution and trafficking. (Paragraph 21).

The Committee calls upon the State party to ensure that legislation on trafficking is fully enforced. It recommends that the State party address the root cause of trafficking and exploitation of prostitution by increasing its efforts to improve the economic situation of women, thereby eliminating their vulnerability to exploitation and traffickers, and take measures for the rehabilitation and social integration of women and girls who are victims of trafficking and exploitation of prostitution. It recommends that the State party further strengthen bilateral, subregional and multilateral cooperation to combat trafficking. The Committee recommends that the State party closely monitor the impact of increased tourism on prostitution and enhance related prevention measures.

Education: The Committee is concerned about the persistence of social barriers that impede women's education and are reflected in the early dropout rate of girls from school and the lack of measures to ensure that teenage mothers stay in or return to school. The Committee reiterates its concern about the influence of the church on girls' and young women's right to education. In that regard, the Committee repeats its concern that schools remain free to expel girls because of pregnancy, that only a few secondary schools allow girls to continue their education after pregnancy and that schools are allowed to dismiss unwed teachers who become pregnant. It is also concerned that insufficient efforts are being made to encourage girls and young women to enter traditionally male-dominated fields of study. (Paragraph 23).

The Committee recommends that the State party implement measures to ensure equal rights of girls and young women to all levels of education, to retain girls in school and to put in place monitoring mechanisms to track girls' access to and achievement levels in education. The Committee recommends that the State party put in place measures, including monitoring mechanisms and sanctions, to ensure that pregnant students stay in school during pregnancy and return after childbirth. The Committee calls on the State party to formulate the necessary legislative and policy measures to ensure de facto adherence to article 10 of the Convention throughout the entire educational system. It also encourages the State party to actively promote the diversification of educational and professional choices for women and men and offer incentives for young women to enter traditionally male-dominated fields of study.

HIV and AIDS: [.....] The Committee expresses its concern about the high rates of HIV/AIDS among women and girls, and notes that HIV/AIDS-related illnesses are the leading cause of death among women between the ages of 15 and 49. (Paragraph 27).

[.......] The Committee recommends that the State party give priority attention to the situation of adolescents and that it provide sex education, targeted at girls and boys, with special attention to the prevention of early pregnancies and sexually transmitted diseases. The Committee recommends that the State party step up its efforts to prevent and combat HIV/AIDS and improve the dissemination of information about the risks and ways of transmission. It also recommends that the State party include a gender perspective in its policies and programmes on HIV/AIDS. (Paragraph 28).

Early marriage: The Committee is concerned that, with the consent of the parents, the legal age of marriage is 16 years. The Committee also notes with concern that a man who has sexual relations with a girl under the age of 16 can, with the consent of her parents, marry her without being prosecuted for carnal knowledge.

The Committee calls upon the State party to raise the minimum age of marriage to 18 years, in accordance with article 16, paragraph 2, of the Convention, general recommendation 21 and the Convention on the Rights of the Child. (Paragraph 31).

Birth registration: The Committee notes with concern the large number of children, especially girl children, who do not have birth registration documents and who consequently cannot claim nationality and social benefits in the State party. (Paragraph 33).

The Committee calls upon the State party to expedite and facilitate the process of registration of children without documentation and issue them with birth certificates and identity documents.

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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

 

Countries

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