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Summary: General overview of Dominica's 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 Constitution: Chapter I of the Constitution contains a number of rights provisions that apply regardless of age, but none that specifically address the rights of children. There are, however, a small number of provisions throughout the rest of the Constitution that apply specifically to children: Legislation: there is no comprehensive Children's Act in Dominican law, although the Children and Young Persons Act contains a significant proportion of the legislation relevant to children. Other relevant legislation can be found in a variety of sources including, but by no means limited to: Legal Research Case Law Case Law Compliance with the CRC In depth analysis With regards to the definition of children in national law, the Committee raised a number of further concerns. Specifically, the Committee noted the disparity between the minimum age for employment (12 years) and the end of compulsory education (16 years), as well as the distinction between children (under 14 years) and young persons (14-18 years). The Committee urged the State to harmonise the end of compulsory education with the minimum age for employment, and ensure that all children are provided with the same level of protection under the Convention. Current legal reform projects
The CRC has not been directly incorporated into Dominican law, and as such does not create enforceable rights in national courts. Nonetheless, the CRC could in theory be cited in national courts for interpretive guidance, as regional courts that hold jurisdiction over Dominica have done.
The Government of Dominica maintains an official website with a searchable database of Dominican laws (http://www.dominica.gov.dm/cms/index.php?q=node/892), and the International Labour Organisation's NATLEX database also provides links to a selection of national legislation (http://www.ilo.org/dyn/natlex/natlex_browse.country?p_lang=en&p_country=DMA). The Constitution is available through the website of Georgetown University (http://pdba.georgetown.edu/Constitutions/Dominica/dominica78.html). In addition, the U.S. Law Library of Congress (http://www.loc.gov/law/help/guide/nations/dominica.php) and the World Legal Information Institute (http://www.worldlii.org/dm/) provide a selection of links to legal and governmental resources.
CRC Jurisprudence
In State v. Andrew Valmond, the High Court of Criminal Justice at the Eastern Caribbean Supreme Court considered the CRC in light of the sentencing of a man convicted of sexually abusing his step-daughter.
Case law from national courts in Dominica is not readily available online; however, regional courts of appeal that review the decisions of these courts publish their decisions online. The Caribbean Court of Justice publishes its judgements online (http://www.caribbeancourtofjustice.org/old/judgments.html), as does the Eastern Caribbean Supreme Court (http://www.eccourts.org/judgments.html). Decisions of the Privy Council are available both on the website of the latter (http://www.eccourts.org/judgments.html#privy_council) and through the website of the British and Irish Legal Information Institute (http://www.bailii.org/uk/cases/UKPC/).
The Committee on the Rights of the Child welcomed a number of reforms to national law in its Concluding Observations of 2004 including with regards to education, the provision of child maintenance and domestic violence. Nevertheless, the Committee expressed its concern that a number of aspects of national law did not fully reflect the principles and provisions of the Convention.
The Committee on the Rights of the Child highlighted a number of areas of Dominican law that fell short of the standards set by the CRC. The Committee raised a number of concerns with regards to juvenile justice, in which it was critical of the potential to sentence children to life imprisonment, to detention "at the President's pleasure" and to whipping. As such, the Committee recommended prohibiting corporal punishment of children in the justice system, ending life sentences for offences committed by children, and ensuring that detention "at the pleasure of the President" is conducted under judicial supervision. The Committee also recommended that the State ensure that children are always separated from adults in detention, including pre-trial detention.
Please contact CRIN if you are aware of any current legal reform projects.