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Summary: General overview of the Cook Islands' 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 The courts of the Cook Islands have not considered the applicability of international treaties in national law. However; the State has made a declaration to the affect that treaties, including the Convention on the Rights of the Child, cannot be directly applied before national courts.[1] Constitution: Part IVA of the Constitution of the Cook Islands includes a number of rights provisions that apply regardless of age, but only a small number of provisions throughout the Constitution make explicit reference to children: Art. 76A(1): makes reference to the residence rights of children Legislation: there is no comprehensive or consolidated Children's Act in national law, rather legislation relevant to children can be found in a number of Acts and Ordinances. Legislation of particular relevance to children includes, but is by no means limited to: The Prevention of Juvenile Crime Act 1968 The Crimes Act 1969 The Criminal Procedure Act 1980/81 The Victims of Offences Act 1999 The Education Act 1986-87 The Welfare Act 1989 The Infants Act 1908 [NZ] The Cook Islands Act 1915 [NZ] The Disability Act 2008 The Tobacco Act 2007 The Narcotics and Misuse of Drugs Act 2004 The Sale of Liquor Act 1991/92 The Entry, Residence and Departure Act 1971/72 The Births and Deaths registration Act 1973 The Citizenship Act 1977 [NZ] The Marriage Act 1973 The Cook Islands Industrial and Labour Ordinance 1964 [NZ] Note: [NZ] indicates that the law was enacted while the Islands were a protectorate of New Zealand, before the State became self governing. Legal Research The website of the Government of the Cook Islands provides background governmental information (http://www.cook-islands.gov.ck/index.php) and the Pacific Legal Information Institute maintains a database of domestic legislation (http://www.paclii.org/ck/legis/num_act/). In addition, the GlobaLex project at New York University has published a guide to legal research in the South Pacific (http://www.nyulawglobal.org/Globalex/South_Pacific_Law1.htm) and the World Legal Information Institute (http://www.worldlii.org/links/2125.html) and the U.S. Law Library of Congress (http://www.loc.gov/law/help/guide/nations/cook.php) both provide access to a selection of legal and governmental resources. All resources are available in English. 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 The Pacific Legal Information Institute provides access to the case law of the Court of Appeal, High Court, Privy Council and other jurisdictions (http://www.paclii.org/databases.html#CK). All resources are available in English. Compliance with the CRC In its Concluding Observations of 2012, the Committee on the Rights of the Child noted the ongoing legal review carried out by the Law Commission with a view to bringing national law into conformity with the Convention on the Rights of the Child. However; the Committee expressed concern at the slow pace of the legal review and the fact that aspects of national legislation remained inconsistent with the Convention. The Committee urged the State to accelerate its legal review and to expedite the law making process, including by prioritising the review of the Family Law Bill and the Crimes Act 1969. In depth analysis Many of the Committee's more specific recommendations revolved around the prevalence of sexual abuse and the inadequate response of the State to the problem. The Committee expressed particular concern that the Crimes Act did not provide sufficient protection to boys and girls with disabilities with regards to sexual abuse and that many instances of child abuse were resolved by transferring the abused child to live with extended family without reporting the case to authorities. The Committee urged the State to expedite its review of the Crimes Act to provide adequate and equal legal protection to child victims of sexual abuse, to adopt measures to encourage the reporting of cases of sexual abuse and to effectively investigate sexual abuse within the family in a child-sensitive manner. With regards to adolescent health, the Committee expressed concern at the high prevalence of sexually transmitted infections and pregnancy among adolescents and that contraception for those under 16 years was illegal. The Committee also expressed concern that the Crimes Act 1969 prohibited abortion, including in cases of incest and rape. The corresponding recommendations urged the State to provide comprehensive health services to adolescents, including by considering allowing younger teenagers access to contraception and amending the Crimes Act with regards to abortion in cases of incest and rape. Several of the Committee's recommendations also related to the issue of adoption and children deprived of a family environment. Noting the absence of an alternative care system and the prevalence of informal adoption and fostering arrangements, the Committee urged the State to adopt legislation to address these deficits. The Committee stressed the need for monitoring procedures for domestic and intercountry adoption to ensure official registration of all adopted children to prevent abuse of the informal adoption process. Current legal reform projects At the time of the State's 2012 report to the Committee on the Rights of the Child, the Law Commission was carrying out a review of national law with respect to its compliance with the Convention on the Rights of the Child. At that time, the Crimes Act was under review. [1] Initial report of the Cook Islands to the UN Committee on the Rights of the Child, CRC/C/COK/1, 20 July 2011, paras. 89 and 90