Jamaica: Children's Rights References in the Universal Periodic Review

Jamaica - Twenty Second Session - 2015

 

13 May 2015 - 9.00 a.m. - 12.30 p.m.

 

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National Report

Compilation of UN information

Stakeholder information

Accepted and rejected recommendations

 

National Report

Developments since the last review

9. The Government has established several new schools and upgraded many existing ones. Emphasis continues to be placed on early childhood education. More than 16,000 students   in   27   institutions   have   received   devices   under   the   Government’s   $1.4   billion   ‘Tablets   in   Schools’   (Pilot)   Project   targeting   24,000   students   and   1,200   teachers   in   institutions at various levels, from early childhood/pre-primary  to  teacher’s  college.

Human rights instruments (Recommendations 98.1, 98.2, 98.3)

12. Jamaica is party to seven of the nine core international human rights instruments. Jamaica ratified the Optional Protocol to the Convention on the Rights of the Child (CRC) on the sale of children, child prostitution and child pornography on 26th August 2011; and, in 2009, passed a Child Pornography (Prevention) Act and a Sexual Offences Act, which address child pornography and child prostitution, respectively.

Women’s  rights and gender equality (Recommendations 98.8, 98.9, 98.10, 98.11, 98.13, 98.14, 98.15, 98.16, 99.1, 99.11, 99.12, 99.28, 99.29, 99.30, 99.26, 99.27, 100.15)

20. Jamaica finalised a National Policy for Gender Equality (NPGE) in 2011. The Government continues to make significant strides in enhancing gender equality and empowering women and girls. According to a study conducted in 108 countries by the International Labour Organisation (ILO), Jamaica was ranked with the highest proportion of women managers globally – 59.3%. The study found that the number of women in senior and middle management positions has increased over the last 20 years, and that women own and manage over 30% of all businesses.

21. There have been notable achievements in the sphere of public decision-making with women accounting for 58.9% of workers in the public sector and 40.5% in the private sector.  Jamaica’s  Prime  Minister  is  female.  Twenty-one per cent of parliamentarians are female. Fifty-six (56) per cent of Permanent Secretaries are female. Of the nineteen (19) Heads of Diplomatic and Consular Missions, eight (8) are women. The Chief Justice of Jamaica, Director of Public Prosecutions, Solicitor General, Auditor General, Head of the Jamaica   Defence   Force   Coast   Guard,   Children’s   Advocate,   Chief   of   State   Protocol,  

27. Various  government  agencies  including  the  Bureau  of  Women’s  Affairs  (BWA),  as   well as NGOs, engage in social outreach programmes including the Schools Education Programme (SEP) in an effort to address gender-based violence (GBV). Hospitals, health centres, police stations and the court system receive reports of cases of different types of GBV and record incidents. Public sector departments with responsibility for domestic violence, child abuse, sexual offences, etc. have also been making attempts to collect and analyse data.

28. The programmes include the following (see Annex for details):

•   THE CENTRE FOR THE INVESTIGATION OF SEXUAL OFFENCES AND

•   CHILD ABUSE (CISOCA), JAMAICA CONSTABULARY FORCE COUNSELLING AND THERAPY

•   DOMESTIC VIOLENCE INTERVENTIONS

•   LEGAL AID AND ADVICE

•   HOTLINES

•   PROGRAMMES FOR CHILDREN AND YOUTH

•   The Bustamante Hospital for Children - CAMP Bustamante (Child Abuse Mitigation Project).

30. The   Government   continues   to   support   the   work   of   women’s   NGOs   through   annual   subventions for women in crisis including domestic violence. Nineteen community-based groups received $2.9 million to support income-generating activities for economic and social   empowerment,   under   the   Inspiring   Change   Initiative   of   the   Bureau   of   Women’s   Affairs. Work has commenced towards the development of a national shelter strategy for victims of gender-based violence. An advocacy campaign was launched in the last quarter of 2014 to promote awareness of the issue of violence against women and girls and other forms of gender-based violence. Cabinet has issued instructions to the Office of the Chief Parliamentary Counsel to draft sexual harassment legislation.

Conditions in prisons and detention facilities (Recommendations 98.12, 100.18, 100.19, 99.8, 99.9, 99.10)

40. Efforts continue to prevent overcrowding in prisons and detention facilities. A multi- stakeholder committee, led by the Ministers of National Security and Justice, is reviewing the detention system and developing a strategic response to the issue of the treatment of persons in lock-ups and correctional facilities, including the necessary infrastructural modifications. The following issues have been identified for action by the committee, which will report its recommendations to Cabinet later this year:...

(b) Review of the current Lock-up Administration Policy, to address issues relating to training, professionalism and accountability of officers who interface with persons in custody, and to address issues relating to persons in custody who have special requirements e.g. children, persons suffering from mental health issues etc.

43 Under the current system, most accused (charged) persons are held in police custody. The remainder are placed in the care of the Department of Correctional Services (DCS); at Horizon Remand Centre (adults), Metcalfe Street Secure Juvenile Centre (boys) and South Camp Correctional and Remand Centre (girls).

44. In police lock-ups, children are held in separate cells from adults. There are plans to construct stand-alone child-friendly holding cells in each Police Division. One such site has already been constructed in Bridgeport, St. Catherine. Three (3) additional sites have been identified for development in St. Ann, St. Elizabeth and St. James. An additional four (4) sites will be identified, once the aforementioned are complete. The removal of children from adult correctional centres is complete.

45. In 2013/14, Social Workers assigned to the Child Development Agency made 1,001 telephone contacts and visits to police stations island-wide to identify children in lock-ups and make necessary interventions. Some interventions involved the removal of children from lock-ups and making contact with family members. The team of Social Workers is also mandated to visit the sites where children are being held and to ascertain if their human rights are being upheld, and if not, to take action as necessary to restore such rights.

46. The CDA also undertakes a weekly review of the Detention and Courts Report which is received from the Police and carries out interventions to address issues, such as removal of children with apparent behaviour management problems, and children in remand in need of care and protection. As at 30th June, 2014, 921 children were released to the care of parents/guardians by the Courts on Supervision Orders, which have a life span of one to three years. These children are assigned and supervised by a CDA Social Worker.

47. Non-custodial sentences, e.g. Probation Orders, Suspended Sentence Orders and Community Service Orders are increasingly being used to stem over-crowding in prison and detention facilities. Approximately half of the total number of cases involving children is resolved via non-custodial sentences, resulting in a decline in the number of children in correctional facilities. Following a 2011 review of the parole system, it was decided to undertake a comprehensive review of the Parole Act and submit the recommendations to Cabinet for approval. Consultations are currently being held with stakeholders; it is anticipated that Cabinet will receive the submission during 2015.

Sexual exploitation and trafficking in persons (Recommendation 98.17)

52. Public education materials, including erected billboards, were also received from the US  Army’s  Military  Information  Support  Team  (MIST)  in  2013.  In 2013 and 2014, the Taskforce conducted school tours, facilitated by UNICEF, on identifying and preventing trafficking in persons and assistance available to victims; and hosted public forums and an outside broadcast on a national radio station. The Taskforce provided the Ministry of Education with a Trafficking in Persons curriculum, designed for secondary school students, that promotes greater awareness of TIP as a global crime and helps students and teachers understand how they can assist in identifying and preventing human trafficking and   help   in   reducing   students’   vulnerability   to   human   trafficking.   Advertisements,   news   releases, media interviews and news forums are regular tools used by the Taskforce in its public education campaign.

53. Jamaica has ratified the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (Palermo Protocol). In keeping with its international obligation, the Government enacted the Trafficking in Persons (Prevention, Suppression, and Punishment) Act, 2007. The legislative framework was strengthened through amendments (enacted in July 2013) to the Trafficking in Persons (Prevention, Suppression and Punishment) Act to allow for:

55. There has been increased sensitisation and training to maximise victim identification, assistance, treatment and protection of victims in order to create greater awareness and understanding of TIP-related matters. In 2013, fifty (50) persons from various Government agencies participated in a USA Department of Homeland Security training course on TIP/Child Exploitation/Forced Child Labour, which focused on sharing best practices related to investigation, prosecution, and victim-identification and assistance. In 2014, eighty-eight (88) public servants, including judges, were trained in human trafficking. Additional training and sensitisations are planned for2015.

Human rights education/promotion (Recommendations 98.4, 98.5, 100.16)

56. At the primary and secondary levels, human rights education is infused in the national curricula (primarily Social Studies) as well as in the Health and Family Life Education Curricula. Supplemental materials are also produced and distributed to schools. Guidance Counsellors also make/facilitate presentations to schools,   Parent/Teachers’   Associations and community meetings. All levels of teacher-training include human rights education, and pedagogical materials in primary and secondary education conform to human   rights   principles.   Specific   topics   covered   include   “the   rights   of   the   child”,   “employers’   and   employees’   rights   and   responsibilities”,   “consumer   protection”,   and   “people’s  rights  and  responsibilities  and  consequences  related to  violations  of  such  rights”. The Jamaican media and civil society have also been instrumental in sensitising the public to the importance of respect for human rights.

61. The  JCF’s  team  of  trainers  is  highly  qualified.  Trainers are also drawn from other government agencies and NGOs, including: the Judiciary; Office of the Director of Public Prosecutions; The Centre for the Investigation of Sexual Offences Child Abuse (CISOCA); Northern Caribbean University (Psychology Department); University of the West Indies; Jamaicans for Justice.

Crime and violence (Recommendations 98.32, 98.22)

73. Under Phase III of the Citizen Security and Justice Programme (CSJP), another peace-building initiative, the Government is seeking to provide job skills and entrepreneurship training for vulnerable groups, particularly at-risk youth and women. Citizens will also have better access to justice, through victim support services, dispute resolution, child diversion and public education on justice-related rights and services. The programme has already begun to bear fruit as violent crimes have been reduced by more than 25% in CSJP communities.

Protection of vulnerable groups (women, children and persons with disabilities) Recommendations 98.37, 99.13, 99.14)

Children

78. Jamaica made an extensive presentation to the Committee on the Rights of the Child (CRC) in January 2015 which provides pertinent details on efforts to protect children. A summary of this presentation is outlined in the Annex to this Report.

Programme of Advancement through Health and Education (PATH)

79. The needs of the vulnerable remain a top priority for the Government of Jamaica. The Programme of Advancement through Health and Education (PATH), launched in 2002, provides a conditional cash transfer benefit to members of eligible households. The programme currently has approximately 372,000 registered beneficiaries receiving cash grants, which is paid on a bi-monthly basis. Seventy-three per cent of registered beneficiaries are children. Children on the programme attending government schools and some government-supported pre-primary to secondary schools are also provided for under the  Government’s  School  Feeding  Programme.  Some  PATH  beneficiaries also access a transportation allowance and post-secondary grants.

80. In keeping with its overall objective of breaking the inter-generational cycle of poverty, PATH, operated by the Ministry of Labour and Social Security, has interventions in place which are geared towards improving the educational attainment of students. These include:

• Differentiated Payments (2008) – to improve the attendance level of students, especially boys, in secondary schools;

• Transitional Grants(2009) – to assist students to complete secondary school and to matriculate to accredited tertiary institutions;

• Tertiary Bursaries(2013) – for PATH students in 2nd to 4th year of University, awarded based on academic achievement;

• Transportation Allowance (2014) – to provide allowances to selected children to attend school on a regular basis, based on certain conditionalities;

• School Feeding – all PATH student beneficiaries receive free meals under the School Feeding Programme.

81. The Step -to Work Programme provides employment -related opportunities to working-age members of PATH households in an effort to build capacity and improve income. The Programme targets unemployed working age members of PATH eligible households (15 to 64 years), to provide the relevant support services such as Business Development Training and Support, Vocational Skills Training & Certification, Entrepreneurship Grant Initiatives, Job Readiness and On-the-Job Training. Approximately 8,000 persons have benefitted from this Programme.

82. In March 2014, Cabinet approved the Jamaica Social Protection Strategy (SPS). The SPS is directly linked to Vision 2030 - Jamaica’s  National  Development  Plan,  and  provides   a framework for achieving its Outcome of Effective Social Protection. The Strategy provides a comprehensive and systematic framework for the delivery of social protection in Jamaica, embracing a life-cycle approach to social protection-related risks and vulnerabilities. For children, it seeks to “promote  optimal  development  of  all  children  in  all   spheres necessary to ensure their well-being, and enhance the potential for their eventual productive  engagement  in  the  labour  market.”

83. The Government is currently developing a new National Poverty Policy and Programme in keeping with Vision 2030 – Jamaica’s   National   Development Plan. A Poverty Reduction Coordination Unit was established in the Planning Institute of Jamaica (PIOJ) to oversee this process.

Disabilities

89. The   Government’s   Early   Stimulation   Programme   (ESP)   currently   serves   1,532   children from birth to eight years with various types of developmental disabilities. The ESP is concentrated in six (6) parishes, although children from across the island also benefit. The Ministry of Education provides a grant for children serviced by the ESP, which prepares children for basic and primary school in the regular educational system. Through the ESP, 252 children with developmental disabilities have been mainstreamed over a three-year period (2012-2014). The ESP also provides support to 70% of parents from a lower socio-economic background as well as PATH beneficiaries. Parents are also supported through parenting workshops and support groups, and some parents also receive special Rehabilitation grants through the Ministry of Labour and Social Security (MLSS).

90. In keeping with the Disabilities Act, new schools being built under the Education Sector Transformation Programme (ESTP) provide for access by students with disabilities. For students in older facilities, ramps are installed to facilitate easy movement. In-service workshops are also being conducted to help teachers to better understand the behaviour of disabled students and how they should be treated. A centre, recently opened in the parish of Portland, provides diagnostic, therapeutic and counselling services to children in that region. Plans are also underway to expand the programme to the western region of the island; this expansion will involve faith-based organisations and NGOs.

91. There is an existing network of approximately ten (10) grant-aided schools with 25 satellites (locations), which cater to children with special needs. Together, they serve more than 6,000 children across the island. The following is a breakdown of special education institutions in Jamaica:

• 1 School for the Blind;
• 6 Schools for the Mentally Ill, with 21 satellites;
• 3 Schools for the Deaf with 4 satellites;
• 7 Government Units attached to host primary schools.

Private Institutions receiving Government Support 

• 4 Private schools for the Deaf;
• 1 School for Children with Autism;
• School for Mixed Disabilities;
• 1 School for the Mentally Ill;
• 3 Schools for Children with Learning Disabilities.

92. While the Disability Act provides protection for these students, the inclusion of specific disability-friendly clauses to promote and protect the rights of these students is being contemplated in the revision of the Code of Regulations governing the education system. Other measures being put in place to ensure that all children with disabilities receive the best quality interventions and education possible, include the Draft Policy on Special Education, which is currently being reviewed, and the Child Find and Enrichment Initiatives, which are being implemented under the Education System Transformation Programme (ESTP). The Draft Policy on Special Education addresses a range of issues related to the protection of the rights and dignity of students with special needs as well as to the access, equity and quality in the provision and delivery of programmes and services. The Draft Policy is to be submitted to Cabinet for its approval before the end of 2015.

93. A Special Education Curriculum that has been developed to support the teaching/learning process is being piloted until May 2015. The document will be finalised and ready for full roll-out by September 2015.

Health (Recommendations 98.25, 98.26, 98.27, 98.31)

96. Efforts are also being made to revise the Strategic Plan on Safe Motherhood Programme (2007–2011). The focus on policy development, quality of care, surveillance and health promotion/education will be retained. A grant-funding agreement has been concluded with the EU to improve maternal and child health across the country, including the establishment of high dependency units for maternity care at five regional hospitals.

100. Jamaica is currently developing a National Integrated Strategic Plan for Sexual and Reproductive Health and HIV (NISP) 2014-2019, to ensure an integrated approach to Sexual and Reproductive Health (SRH) and HIV planning and programming over the next five years. The NISP 2014–2019 draws on the successes and lessons learnt from earlier plans and broadens and deepens national efforts to address key sexual and reproductive health concerns, including the prevention and alleviation of the impact of HIV, in a coordinated manner. The integration of elements of the National HIV/STI Programme (NHP) into the National Family Planning Board (NFPB) to form the Sexual Health Agency gives effect to one of the key strategies outlined in Vision 2030 - Jamaica’s  National   Development Plan,  i.e.  to  “expand  and  improve  integration  of  family planning, maternal and  child  health,  sexual  and  reproductive  health  and  HIV  into  primary  health  care.”  The   Plan also responds to the policy recommendations from international conferences including the International Conference on Population and Development (ICPD) Programme of Action (1994) and the Glion Call to Action on Family Planning and HIV/AIDS in Women and Children (2004).

102. The  ‘innovative  hospital  project’  refers  to  the  CAMP Bustamante Project, which was piloted in Kingston and St. Andrew. The Project sought to reduce the waiting time for children suffering from various forms of abuse. There was success in reducing the response time compared to traditional services in the same area. As the services offered did not differ substantially from those already provided by the Child and Adolescent Mental Health/Child Guidance Services, the Government has directed its attention to strengthening the existing child/guidance services and integrating the emergency services, rather than duplicating these services. This has proven to be more cost-effective.

National efforts

114. Public education campaigns are being implemented, with support from the EU and the Climate Investment Fund, to raise awareness of the general public, in particular vulnerable groups, of the impacts of climate change.

MDGs

119. In recognising that some of the specific goals and targets were not relevant to Jamaica based on its level of development, the MDG framework was adapted and goals and targets developed which were more in keeping with Jamaica’s  own  national  development   agenda, in conjunction with other countries in the Caribbean. The main area of adaptation concerned extreme poverty and hunger. Jamaica uses an absolute measure of poverty, not the US$1.25 per day used in MDG 1. Thus, Jamaica’s  poverty  reduction  target  was  to  halve   the proportion of persons living below the poverty line, as well as those suffering from hunger, by 2015. Indicators of inequality (percentage of national consumption by the poorest and wealthiest quintiles), hunger (percentage of population consuming below the minimum dietary requirement) and deprivation (prevalence of underweight children under 5 years old) are also used to monitor movement towards this goal.

Cooperation in education

121. Jamaica has partnered with a number of international educational organisations to provide training and capacity-building.   Under   the   ‘Tackling Child Labour Through Education’   Project,   the   Ministry   of   Education,   in   collaboration   with   other   Government   agencies and civil society, has partnered with the International Labour Organisation, to develop programmes to be infused into the curricula which are aimed at eliminating incidents of child labour.

122. “The School Feeding: Development of Sustainable Programme, taking the Brazilian Experience as Reference”   is   an online and face-to-face training provided by the Latin American and Caribbean Offices of the Food and Agricultural Organisation in collaboration with a number of other organisations, the Ministry of Education and other Ministries, Departments and Agencies (MDAs). They were trained in coordinating and developing an effective school-feeding programme. This Programme also supports the Right to Food as well as the Universal Declaration on the Eradication of Hunger and Malnutrition.

Compilation of UN information

I. Background and framework

A. Scope of international obligations

6. The Committee on the Rights of the Child (CRC) recommended that Jamaica ratify, inter alia, CAT, ICPPED and OP-CRC-IC.18

B. Constitutional and legislative framework

7. CEDAW welcomed the adoption of legislative measures aimed at eliminating discrimination against women, including the Charter of Fundamental Rights and Freedoms (Constitutional Amendment Act) (2011), which provided for the right to non- discrimination, the Sexual Offences Act (2011), and the Child Pornography Prevention Act (2010), which is aimed at promoting gender equality and eliminating violence against women and girls.

C. Institutional and human rights infrastructure and policy measures Status of national human rights institutions 

13. CRC expressed concern that there was no single identifiable governmental body with a clear mandate, the necessary authority and resources to effectively carry out the role as the monitoring and evaluation mechanism with respect to all laws, policies and programmes relating to the rights of the child. It recommended that Jamaica establish such a body.30 It also recommended that Jamaica ensure the independence of the Office of the Children’s  Advocate  so  as  to ensure full compliance with the Paris Principles and, to that effect, to seek technical cooperation from, among others, the Office of the United Nations High Commissioner for Human Rights (OHCHR), United   Nations   Children’s   Fund   (UNICEF) and United Nations Development Programme (UNDP).

III. Implementation of international human rights obligations, taking into account applicable international humanitarian law

A. Equality and non-discrimination

18. CEDAW recommended that Jamaica amend the legal provisions and administrative forms that discriminated against women in relation to family life; strengthen protection and support for women in common-law unions; and strengthen efforts to eliminate stereotypical attitudes regarding the roles of women and men in the family through awareness-raising campaigns. CEDAW further recommended that the provision of parental education be strengthened, with the aim of promoting the shared responsibility of both parents in relation to the care and maintenance of the child.

32. UNCT stated that gender-based violence was widespread and recommended that Jamaica adopt and resource the draft National Strategic Action Plan on the Elimination of Gender-Based Violence. CEDAW was concerned that the incidence of domestic violence remained high. It recommended that Jamaica encourage the reporting of domestic and sexual violence against women and girls; ensure that all such acts were investigated, victims and witnesses were protected and perpetrators prosecuted and sentenced within a reasonable time frame; strengthen victim assistance; provide comprehensive training for relevant professionals on the application of protection orders under the Domestic Violence Act; approve the draft sexual harassment policy; and urgently adopt comprehensive legislation to combat sexual harassment. HR Committee and CESCR made similar recommendations.

34. CESCR remained concerned at the continuing use of child labour. It urged Jamaica to, inter alia, prosecute and effectively sanction perpetrators of child labour.69 CESCR also recommended that Jamaica adopt the Occupational Health and Safety Bill containing the list of prohibited types of hazardous employment or work for persons below the age of 18 without further delay and ensure that the Child Labour Unit of the Ministry of Labour and Social Security was provided with sufficient resources to effectively enforce the Child Care and Protection Act.

35. CESCR was deeply concerned at high levels of violence, use of corporal punishment in the home and in schools, abuse, neglect and sexual exploitation of children, as well as child   victims’   lack   of   access   to   psychosocial   support.   It   was also deeply concerned at reports of sexual, physical and mental abuse of children at the hands of caregivers in children’s   homes   and   places   of   safety   supervised   by   the   Child   Development   Agency.   CESCR strongly urged Jamaica to eradicate all forms of violence against children. In 2015, CRC expressed concern about the high rate of crime and violence, including the number of murdered children, and gang violence in poor inner-city communities and urged Jamaica to adopt and implement a national strategy to address key issues and challenges pertaining to children as victims, perpetrators and witnesses of acts of violence and abuse.

36. CRC recommended that Jamaica, inter alia, amend its legislation to explicitly prohibit corporal punishment in all settings, including the family, schools and institutions, and   explicitly   repeal   the   common   law   right   to   inflict   “reasonable   and   moderate”   punishment. It also recommended that Jamaica establish an easily accessible mechanism for children and others to report cases of abuse and neglect and to ensure that acts of sexual abuse and exploitation were effectively investigated and that the perpetrators were brought to justice.

37. HR Committee was concerned at the prevalence of trafficking in persons for sexual exploitation and forced labour and particularly at the low level of investigations, prosecutions and convictions in that area, and at the lack of prevention and protection mechanisms for victims, including rehabilitation schemes. It recommended that Jamaica identify victims of trafficking; train its police officers, border personnel, judges, lawyers and other relevant personnel; ensure that all perpetrators of trafficking in persons were investigated and prosecuted; and provide adequate protection, reparation and compensation and rehabilitation to the victims.75 CESCR and CEDAW made similar recommendations. CRC also recommended that Jamaica review its current legislation and policies on adoption with a view to ensuring that the best interests of the child were of primary consideration.

38. CRC recommended that Jamaica take measures to prevent children from being economically exploited by adopting legislation and policies to address child labour in both the formal and informal sectors.

C. Administration of justice, including impunity, and the rule of law

42. CEDAW was concerned about the absence of a complaints mechanism for women to report cases of discrimination in Jamaica and recommended that the State establish such a mechanism and ensure that women have effective access to justice in all parts of the country. UNCT recommended that the Government, inter alia, ensure that women and girls have effective access to justice, including through the provision of legal aid.

43. The HR Committee was particularly concerned at reports of overcrowding and deplorable sanitary conditions in prisons and places of detention in Jamaica and at the limited application of alternatives to imprisonment. It recommended that Jamaica, inter alia, put in place a system to segregate accused persons from convicted persons and minors from other prisoners, take steps to ensure that the Standard Minimum Rules for the Treatment of Prisoners were respected and consider the wider application of alternative non-custodial sentences. UNCT stated that, during 2012 and 2013, the Government had addressed the inappropriate treatment of children who had come into contact with the law, including their placement in adult prisons and police lockups in excess of 48 hours.

44. CRC recommended that Jamaica strengthen its efforts to ensure that the right of the child to have his or her best interests taken as a primary consideration was appropriately integrated and consistently applied in all legislation, administrative and judicial proceedings and decisions. CRC also recommended that Jamaica promote restorative justice and alternative measures to detention for boys and girls in conflict with the law.

D. Right to privacy, marriage and family life

45. CESCR expressed concern at the low minimum age for marriage, which was set at 16 years of age, and called upon Jamaica to amend its legislation and raise it to 18 years to protect children from early and forced marriage.

47. CRC recommended that Jamaica strengthen efforts to ensure that all children were provided with birth certificates free of charge, including through mobile units and outreach programmes.

G. Right to social security and to an adequate standard of living

55. CESCR expressed deep concern at the high ratio of debt to gross domestic product as well as the persistence of high rates of poverty, income disparity and unemployment. CRC recommended that Jamaica intensify its efforts to address the high level of child poverty and partner with UNICEF and others to promote a strategy to guarantee a minimum level of access to basic services and financial security to children.

56. While  noting  Jamaica’s  efforts  to  ensure  the  long-term viability and sustainability of its social security programme, including through the implementation of Vision 2030 Jamaica, CESCR reiterated its concern that the social security scheme did not provide for universal coverage. It reiterated its recommendation to strive for universal coverage under the social security system, with priority to disadvantaged and marginalized groups in society.

H. Right to health

61. HR Committee was concerned at the prohibition of abortion and recommended that Jamaica amend its abortion laws to help women avoid unwanted pregnancies and not resort to illegal abortions. CRC recommended that Jamaica foster responsible parenthood and sexual behaviour, undertake legal and policy reform to increase availability of sexual and reproductive health information.

62. CEDAW   welcomed   the   recent   policy   initiatives   to   strengthen   women’s   access   to   health care and recommended that Jamaica improve access to and the quality of sexual and reproductive health services for women and girls, including by ensuring free and adequate access to contraceptives and by promoting education on sexual and reproductive health and rights.

I. Right to education

65. CEDAW was concerned about the persistence of barriers to quality education for girls and young women, including early pregnancy and teenage motherhood. It recommended that Jamaica develop a plan of action for the reintegration of pregnant girls and young mothers into schools.

J. Persons with disabilities 

66. CESCR was concerned that persons with disabilities continued to face discrimination in employment and denial of access to schools; it recommended that Jamaica combat discrimination against persons with disabilities. CEDAW made similar recommendations with regard to women and girls with disabilities. CRC recommended that Jamaica ensure the provision of inclusive education accessible to children with disabilities and to take all necessary measures to ensure that they were fully integrated into all areas of social life.

Stakeholder information

C. Implementation of international human rights obligations, taking into account applicable international humanitarian law

1. Equality and non-discrimination

9. Inter-American Commission on Human Rights reported that deep inequalities pervading Jamaican society were exacerbated by the State’s inadequate measures to protect and guarantee human rights of women, children and other vulnerable groups.

1. Right to life, liberty and security of the person

32. Following a Senate motion in October 2013 calling for greater legislative protection for women and girls, a joint select committee of Parliament was established in July 2014 to review the Sexual Offences Act, Offences against the Person Act, Domestic Violence Act, and the Child Care and Protection Act.89 AI stated that the Sexual Offences Act criminalized marital rape, but was very limited in its application and recommended Jamaica to amend it in order to criminalize marital rape in all circumstances. 

33. IACHR affirmed that children were especially vulnerable to widespread violence and that many of those reportedly killed by police were adolescent youths.

34. IACHR asserted that the Jamaican Government’s child‐care system suffered from disturbing levels of sexual, physical and mental abuse of children at the hands of caregivers, and urgently required reform and additional resources.

35. IACHR recommended that Jamaica, inter alia, implements initiatives of prevention and response to all forms of violence and sexual assault against children and the creation of mechanisms to facilitate that children victims of violence may be heard and present claims, and ensures that the deprivation of liberty of children is applied only as a measure of last resort, for the minimum period necessary, and limited to strictly exceptional cases.

36. IACHR applauded the anti-corporal punishment campaign undertaken by the Ministry of Education. Global Initiative to End All forms of Corporal Punishment (GIEACPC) reported that in 2013, all provisions for flogging in the penal system were formally repealed. However, it expressed regret that despite positive public statements by officials, legislation which prohibits corporal punishment in schools was yet to be enacted, and corporal punishment remained lawful in the home and some forms of day care.96 GIEACPC stated that relevant domestic laws and the Constitution were not interpreted as prohibiting corporal punishment in childrearing.

3. Administration of justice, including impunity

47. IACHR highlighted as particularly troubling the lengthy duration of the punishments meted out to children, as well as reports of the failure to provide legal counsel for children in the criminal justice system.

7. Right to health

57. AI recommended that safe and legal abortion services were available as an option for women and girls who were pregnant as a result of rape or whose lives or health were put at risk should they continue with the pregnancy.

 

Accepted and rejected recommendations

The following recommendations enjoy the support of Jamaica:

118.9 Continue its efforts to implement all measures related to the protection of rights of women, children and disabled persons (Democratic Republic of the Congo);

118.14 Strengthen its efforts to eliminate discrimination of and violence against women and girls including through implementation of laws, policies and programmes to this effect (Germany);

118.16 Strengthen efforts on the implementation of the Child Care and Protection Act (South Africa);

118.18 Strengthen measures to combat poverty, in particular poverty of women and children (Algeria);

118.20 Spare no effort to promote the holistic development of its children and youths, in particular those from the most vulnerable families to enhance social mobility and to break the vicious intergenerational cycle of poverty (Singapore);

119.19 Assign sufficient resources for the implementation of the national gender equality policy, and review judicial procedures to ensure women and girls victims of domestic violence can have access to justice, by providing training to police and judicial staff in order for them to be treated with dignity (Chile);

119.27 Adopt adequate legislation to ensure that children in conflict with the law have access to justice and social reintegration, using the deprivation of liberty as a last resort (Chile);

119.34 Investigate allegations of ill-treatment of children living in centres and homes, and as appropriate, take all necessary corrective measures (Cabo Verde);

119.35 Take measures to prevent children from being economically exploited by adopting legislation and policies to address child labour in both the formal and informal sectors (Egypt);

119.36 Strengthen measures to promote and protect the rights of the child, including measures against sexual and labour exploitation (Japan);

119.37 Take all necessary measures to protect women and children from violence, particularly sexual abuse and exploitation, including through the adoption of awareness-raising programmes, as well as by means of sexual education policies (Brazil);

119.38 Prepare a holistic childhood plan with a particular attention to the problem of child labour (Nicaragua);

119.39 Adopt and implement a comprehensive strategy to prevent violence against children (Slovenia);

119.44 Immediate elimination of the practice of incarcerating juvenile offenders alongside adults (United Kingdom of Great Britain and Northern Ireland);

119.58  Continue to invest more in education, improve coverage and quality 

of education and in particular ensure the right to education for children from poor families, girls, children with disabilities, and others belonging to vulnerable group (China);

119.59 Establish stronger measures to increase access to education particularly to those living in rural areas (Maldives);

120.20 Take measures with a view to ending discrimination against women and children; eliminate negative stereotypes as well as combating torture and ill treatment by the law enforcement agencies (Nigeria);

120.21 Actively protect gender equality and women’s rights and ensure inter alia that women and girls have effective access to justice, including through the provision of legal aid (Estonia);

120.24 Adopt concrete measures to remove children from the streets and preventing their use in prostitution, pornography and other illegal acts (Chile);

The following recommendations where rejected by Jamaica:

120.6  Ratify the Convention against Torture and prohibit corporal punishment and other cruel treatment of girls and boys (Chile);

121.53 Ensure the revised Child Care and Protection Act prohibits all corporal punishment of children, including in the home, and explicitly repeals the right to administer reasonable and moderate punishment (Sweden);

121.54 Explicitly prohibit corporal punishment in all settings, including the family, schools and institutions (Estonia);

121.55 Identify and protect children employed in the worst forms of child labour, and increase assistance to victims of forced labour and sex trafficking (United States of America);