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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
- UN Committee on Economic, Social and Cultural Rights
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on the Elimination of Discrimination against Women
- UN Committee against Torture
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
CCPR/C/JAM/CO/4
Report issued: 22 November 2016
People living with HIV/AIDS: The Committee is concerned at the persistence of discrimination and stigmatization of people living with HIV/AIDS and the high proportion of girls aged 15 to 19 years infected with the virus. While welcoming the adoption of the National Integrated Strategic Plan for Sexual Health and HIV (2014-2019) and the National Workplace Policy on HIV/AIDS, the Committee is concerned with the lack of an enabling legislative framework to ensure their effective implementation (para 19).
The State party should amend its legislation to include protection against discrimination based on health status and to ensure better protection of people living with HIV/AIDS, including vulnerable segments of the population, such as lesbian, gay, bisexual and transgender persons, and women and girls who have contracted HIV, especially as a result of sexual violence. The State party should intensify its work with stakeholders and allocate adequate financial and human resources to implement the National Workplace Policy on HIV/AIDS and to ensure the adequate functioning of the National HIV-related Discrimination Reporting and Redress System. It should also continue its awareness-raising efforts to combat stigmatization and discrimination of people living with HIV/AIDS (para 20).
Violence against women, including domestic violence: The Committee is concerned that legislation provides women and girls with only limited protection against violence, including domestic violence. It notes with concern that the Sexual Offences Act (2009) reflects a narrow understanding of rape and protects against marital rape only in certain circumstances, the Domestic Violence Act (2004) does not cover sexual abuse and the draft Sexual Harassment Bill does not include sexual harassment in public spaces. The Committee regrets the lack of shelters for victims of domestic violence (para 23).
The State party should amend the Sexual Offences Act and the Domestic Violence Act to increase protection for women and girls and men and boys against sexual violence. It should also enact legislation to protect against sexual harassment, including in public spaces. Furthermore, the State party should expedite its efforts to provide adequate shelters for victims of gender-based violence, including domestic violence (para 24).
Voluntary termination of pregnancy: The Committee is concerned about the lack of access by girls below the age of 16 years to sexual and reproductive health information and services without parental consent, especially in the light of the high incidence of adolescent pregnancy and incest in the State party. The State should take measures to protect women against the health risks associated with unsafe abortions by improving its monitoring and data collection on women’s access to health care and by enabling access to sexual and reproductive health information and services to all women, including girls under the age of 16 (paras 25, 26).
Refugees and asylum seekers: The Committee is concerned about the lack of legislation on the protection of asylum seekers and refugees. It is further concerned that refugees are not provided with identification cards and that unaccompanied minors are formally excluded from access to refugee status determination in the State party (para 39).
The State party should enact legislation on the protection of the rights of refugees and asylum seekers, provide refugees with identification cards and facilitate access to asylum procedures for such persons in order to protect them from being returned to a country where there are substantial grounds for believing that they would be at a real risk of irreparable harm, such as that set out in articles 6 and 7 of the Covenant (para 40).
Rights of the child: The Committee welcomes the efforts of the State party to review the Child Care and Protection Act, including the removal of the possibility of incarcerating a child on the basis of him or her being “beyond parental control”, and provision of psychological and mental health services to children and their families by the Child Development Agency and Department of Correctional Services. Despite the fact that the number of correctional orders has significantly decreased, the Committee is concerned about reports that there are still children serving such orders. It is also concerned that minors are held in police lock-ups on a regular basis, often for more than 24 hours (para 43).
The State party should amend its law in a timely manner in order to remove the possibility of incarcerating a child on the basis of him or her being “beyond parental control” and to address gaps in: service delivery to children in conflict with the law, the coordination and oversight of the child protection sector, support to families and rehabilitation of children who experienced exploitation, abuse and other trauma. The State party should detain children only as a last resort and for the shortest possible period provided by law; continue establishing child-friendly holding cells; and provide alternative arrangements to detention, in line with the Covenant. It should continue to provide children in conflict with law with alternative support, including psychological and rehabilitation services and conflict resolution programmes (para 44).
(CCPR/C/JAM/3)
Last reported: 19 / 20 October 2011
Concluding Observations issued: 1 November 2011
Issues raised:
Health:The Committee is concerned at the prohibition of abortion which compels pregnant women to seek clandestine and harmful abortion services. The Committee is further concerned at reports of high rates of teenage pregnancies in the State party where it is reported that 20% of all pregnancies in the State party occur amongst teenage girls. (arts. 6 and 17).
The State party should amend its abortion laws to help women avoid unwanted pregnancies and not to resort to illegal abortions that could put their lives at risk. The State party should take concrete measures, in this regard, including a review of its laws in line with the Covenant. Furthermore, the State party should ensure that reproductive health services are available and accessible to all women and girls. (Paragraph 14)
Corporal punishment: While recognising that corporal punishment as a penalty for crime has been abolished by judicial decision, the Committee expresses its regret that it remains legal in the State party, which permits its use in the education system and the home, where it traditionally continues to be accepted and practised as a form of discipline by teachers, parents and guardians. (arts. 7 and 24)
The State party should take practical steps to put an end to corporal punishment in all settings by passing the bill that seeks to repeal the Flogging Regulations Act and the relevant provisions of the Crime (Prevention of) Act. The State party should encourage non-violent forms of discipline as alternatives to corporal punishment, and should conduct public information campaigns to raise awareness about its harmful effects. (Paragraph 20)
Juvenile justice: The Committee is particularly concerned at reports of overcrowding and deplorable sanitary conditions in the State party’s prisons and places of detention, below minimum standards, and at the limited application of alternatives to imprisonment. The Committee is also concerned at the failure to ensure that detained minors are held separately from adults, and accused persons from convicted persons (art. 10).
The State party should, as a matter of urgency, adopt effective measures against overcrowding in detention centres and ensure conditions of detention that respect the dignity of prisoners, in accordance with article 10 of the Covenant. The State party should put in place a system to segregate accused persons from convicted persons and minors from other prisoners. The State party should, in particular, take steps to ensure that the United Nations Standard Minimum Rules for the Treatment of Prisoners are respected. Furthermore, the State party should consider the wider application of alternative non-custodial sentences in order to alleviate the problem of overcrowding in prisons. (Paragraph 23)
Institutionalised children: While noting the progress made in implementing the recommendations in the Keating Report on the reform of Children’s homes and Places of Safety, the Committee is concerned that 40% of these recommendations have not been implemented. The Committee is also concerned that although the State party accepted liability for the negligence of public officials that caused the fire at the Armadale Juvenile Correctional Centre, the families of the victims have not received compensation (arts. 2, 9 and 10).
The State party should take all necessary measures, including by seeking international support, in order to fully implement all the recommendations in the Keating report. Furthermore, the State party should, as a matter of urgency, ensure that families of the victims of the fire at the Armadale Juvenile Correctional Centre receive adequate compensation. (Paragraph 25)
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UN Committee on Economic, Social and Cultural Rights
E/C.12/JAM/CO/3-4
Last reported: 2 May 2013
Concluding Observations issued: 10 June 2013
Issues raised:
Violence: The measures taken by the Government to address violence against women and girls, such as the expansion of the Centre for Investigation of Sexual Offences and Child Abuse, the Committee expresses its profound concern at high rates of domestic and sexual violence, and the lack of a comprehensive strategy to address the phenomenon (art. 10). Para 19.
The Committee urges the State party to intensify its efforts to combat high levels of violence against women and girls in Jamaica, including through the adoption and implementation of the National Strategic Action Plan to Eliminate Gender-Based Violence. The Committee also underscores the importance of organizing public campaigns and trainings targeted at men, with a view to combating attitudes and behaviour that perpetrate violence against women in all forms.
While noting the establishment of various State agencies to ensure the protection of children, including the Child Development Agency, the Office of the Children’s Advocate and the Office of the Children’s Registry, as well as the adoption of the Child Care and Protection Act, the Committee remains 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 is also deeply concerned at reports of sexual, physical and mental abuse of children at the hands of caregivers in the State party’s children’s homes and places of safety supervised by the Child Development Agency (art. 10). Para 20.
The Committee strongly urges the State party to eradicate all forms of violence against children, including through the assistance of relevant United Nations agencies operating in the State party, in particular the United Nations Children’s Fund (UNICEF), by adopting concrete measures to:
(a) Identify and protect children who are most vulnerable to abuse, neglect and sexual exploitation;
(b) Prohibit all forms of corporal punishment in all settings, including within the family; and
(c) Ensure the protection of children in the State party’s child care institutions, including through the adoption of necessary reforms to effectively monitor, identify and prosecute individuals responsible for child abuse.
21. The Committee expresses concern at the low minimum age for marriage, set at 16 years of age as stipulated in the Marriage Act (art. 10).
The Committee calls upon the State party to amend its legislation to raise the legal minimum age for marriage to 18 years to protect children from early and forced marriage.
Child Labour: The Committee welcomes the adoption of the Child Care and Protection Act in 2004, which, inter alia, elevated the minimum working age from 12 years of age to 15 years of age and prohibits the employment of children under the age of 13 in any type of work. However, the Committee remains concerned at the continuing use of child labour in agriculture, fishing and the informal sector, despite the adoption of programmes such as the Tackling Child Labour through Education project. It also regrets the slow pace of adopting the Occupational Health and Safety Bill containing a list of types of hazardous employment or work prohibited for persons under 18 years of age. The Committee is also concerned at the limited resources and ability of the Child Labour Unit of the Ministry of Labour and Social Security to effectively enforce the Child Care and Protection Act, and the low level of arrests and prosecutions for child labour offences, as well as the lack of legislative provisions requiring employers to keep registers of employees (art. 10). Para 22.
The Committee urges the State party to increase its efforts to effectively combat child labour, including through the assistance of the International Labour Organization. In particular the Committee recommends that the State party:
(a) 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;
(b) Ensure that the Child Labour Unit of the Ministry of Labour and Social Security is provided with sufficient human and financial resources to effectively enforce the Child Care and Protection Act;
(c) Prosecute and effectively sanction perpetrators of child labour; and
(d) Adopt legislative provisions requiring employers to keep registers of employees.
Health: While the Committee welcomes the decline in HIV-related deaths and mother-to-child transmission of HIV and the efforts made by the State party to combat HIV/AIDS and the stigma that is associated with it, the Committee regrets and remains concerned that: Para 28.
(a) HIV continues to be one of the leading causes of death among adults in the State party;
(b) HIV rates remain high among youth, men in same-sex relationships, sex workers, homeless persons and drug users, whose behaviours are criminalized and/or considered immoral;
(c) Almost two thirds of HIV-infected persons are unaware of their status; and
(d) Stigma and discrimination against persons living with HIV/AIDS continue to persist, including in the workplace, particularly in relation to men in same-sex relationships and transgender persons, which not only prevents their access to essential medicines and treatment and their enjoyment of other economic, social and cultural rights, but risks undermining efforts to eradicate HIV (art. 12).
The Committee calls upon the State party to provide adequate human and financial resources to effectively implement the National HIV/STI Programme to ensure that any progress achieved so far is not reversed. The Committee also requests the State party to ensure that discrimination against persons with HIV/AIDS is prohibited under its legislation, and to repeal or amend laws that stigmatize and increase the vulnerability of those most at risk.
Abortions: While noting the adoption of a national policy for the provision of contraceptive services for teenagers under the age of 16 years in 2007, the Committee reiterates its concern at high rates of teenage pregnancies, and that abortion continues to be illegal in the State party under section 13(12)(c) of the Charter of Fundamental Rights and Freedoms, which compels pregnant women to seek clandestine and harmful abortion services performed under unsanitary conditions by untrained personnel (art. 12). Para 29,
Taking note of the draft Termination of Pregnancy Act, the Committee urges the State party to ensure that its legislation helps women avoid unwanted pregnancies and facilitates access to professional services with a view to eliminating the practice of dangerous abortions that place the lives of women and girls at risk. The Committee also reiterates its previous recommendation to ensure the provision of education on sexual and reproductive health, and to facilitate access to reproductive health services and contraceptives by all women and girls.
Education: The Committee welcomes the efforts made by the State party to improve access to education, including free primary education and the abolition of tuition fees at the secondary level in 2007. Nevertheless, the Committee expresses concern at: Para 30.
(a) The underperformance and high drop-out rates of boys at primary and secondary levels;
(b) Lack of access to formal education for children with disabilities; and
(c) The quality of education at all levels, particularly in rural areas and in disciplines such as mathematics, science and information and technology (arts. 13 and 14).
The Committee encourages the State party to continue to take steps, including through international assistance, towards the goal of building an educational system that “develops critical thinking, life-long learners who are productive and successful and effectively contribute to an improved quality of life at the personal, national and global levels”, as enunciated in the Education Sector Plan of Vision 2030 Jamaica. The Committee calls upon the State party to pay particular attention to increasing access to education for disadvantaged and marginalized groups, such as boys from impoverished or rural areas and children with disabilities.
(E/1990/6/Add.28)
Last reported: 21 November 2001
Concluding Observations issued: 30 November 2001
Issues raised:
Child Labour: The Committee expresses its concern about the persistence of child labour, particularly in the informal sector. Furthermore, the Committee is concerned that the minimum low working age of 12 years is not adhered to in practice. (Paragraph 11).
The Committee recommends that the State party continue as a matter of priority the implementation of its September 2000 memorandum of understanding with ILO, and requests that the State party in its third periodic report provide detailed information on the measures taken and the progress achieved in this regard. The Committee particularly urges the State party to review the minimum working age, with a view to increasing it, and to endeavour to enforce the minimum age more rigorously. The Committee also urges the State party to ratify the ILO Worst Forms of Child Labour Convention, 1999 (No. 182). (Paragraph 24)
Sexual exploitation: The Committee is deeply concerned about the lack of laws, policies or programmes to address explicitly the proliferation of sex tourism and its consequences which include the sexual exploitation and prostitution of women and children and the spread of sexually transmitted diseases. In particular, the Committee is alarmed that school drop-out rates have increased as young girls are induced to leave school to enter the sex trade, sometimes even with the consent and encouragement of parents who benefit from their earnings. (Paragraph 13)
The Committee recommends that the State party undertake urgently legislative and administrative measures to prohibit and penalize sex tourism and the exploitation of women and children in this regard. (Paragraph 26)
Violence: The Committee is profoundly concerned about the violence that has apparently become widespread in the State party. It is reported that over 1,000 people have been murdered in the year 2001 alone and that “tribal” politics is such that warlords rule large sections of the capital city where they are involved in extortion, drugs and prostitution. The Committee is particularly concerned that violence - including domestic and sexual violence - is committed against women of all ages and against children. According to reports from non-governmental organizations, children are regularly flogged and even threatened with weapons and child-rearing practices include corporal punishment of children in the home and in schools. The fact that these acts are committed with impunity constitutes a serious violation by the State party of its Covenant obligations. (Paragraph 14)
The Committee calls upon the State party to exercise the full authority of the law and all means at its command to eradicate the scourge of violence. The Committee reminds the State party that in undertaking measures to combat violence, respect for human dignity and protection of human rights must be ensured at all times. The Committee requests the State party to provide in its third periodic report detailed information on the measures it has taken and the progress it has achieved in its efforts to eradicate all forms of violence, particularly violence against women and children. (Paragraph 27)
HIV and AIDS: The Committee is alarmed that, according to information received from United Nations organizations, HIV/AIDS is currently the leading cause of death among men and women in the 15-44 age group. The Committee is particularly concerned that the overall mortality rate for persons infected with HIV/AIDS is 60 per cent, largely because they do not have access to affordable medicines, treatment and care. The Committee is also concerned that the prevalence of HIV infection among girls in their late teens is twice that of older women according to UNAIDS, which attributes this phenomenon to young women participating in the sex tourism trade. (Paragraph 16)
The Committee strongly requests the State party to provide information in its third periodic report on the situation of HIV/AIDS in Jamaica, the legislative and administrative measures taken by the State party to address the multiple dimensions of the epidemic - prevention programmes, access to medicines, treatment and care, as well as measures to protect the population from the disease - and on the results of such measures. (Paragraph 29)
Sexual and reproductive health: The Committee is concerned about the health of adolescents in the State party, who are at high risk of many diseases, in particular those related to sexual and reproductive health. The Committee also notes with concern the rising incidence of teenage pregnancies, leading to higher mortality rates related to abortion of unwanted pregnancies and to higher drop-out rates for girls who leave school to take care of their babies. (Paragraph 17)
The Committee urges the State party to ensure the provision of education on sexual and reproductive health, and to facilitate access to contraceptives by adolescents where appropriate. The Committee recommends the establishment of benchmarks in this respect, on the basis of comparative data to be discussed in the next periodic report, and refers the State party to paragraphs 57 and 58 of its general comment No. 14 on the right to health. (Paragraph 30)
Abortion: The Committee is also concerned that clandestine abortion is the cause of a large number of deaths due to infections and complications from procedures performed under unsanitary conditions by untrained personnel and that it is one of the leading factors in the high maternal mortality rate in the State party. (Paragraph 18)
The Committee requests the State party in its next periodic report to provide detailed information based on comparative data about the problem of abortion in Jamaica and the measures, legislative or otherwise, including the review of its present legislation, it has undertaken to protect women from clandestine and unsafe abortion. (Paragraph 31)
Education: The Committee expresses particular concern about the inadequate level of State expenditure on education, accompanied by a decline in the quality of education. It is reported that recent statistics from the State party show that 40 per cent of children who complete primary education can “neither read nor write”. (Paragraph 19)
The Committee urges the State party to take immediate steps to address the declining quality of education, including by seeking assistance from UNESCO in this regard. The Committee refers the State party to its general comment No. 13 on the right to education. (Paragraph 32)
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UN Committee on the Elimination of Racial Discrimination
CERD/C/60/CO/6
Last reported: 14 / 15 March 2002
Concluding Observations issued: 21 May 2002
No mentions of children's rights
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UN Committee on the Elimination of Discrimination against Women
(CEDAW/C/JAM/5)
Last reported: 11 August 2006
Concluding Observations issued: 25 August 2006
Issues raised:
Education: While the Committee commends the State party on its achievements in the field of girls’ and women’s education, it is concerned with the persistence of structural barriers such as de facto gender-based segregation in the field of education, including the practice of cross-timetabling, or conflicting class schedules that effectively prevent girls from pursuing courses of study traditionally offered to boys, and its consequences for women’s opportunities in the labour market. It is also concerned with the persistence of gender-based stereotypes in textbooks, school curricula and teaching methods that reinforce discriminatory attitudes against women in society.
The Committee calls on the State party to strengthen implementation of its efforts to tackle, through the education system, the structural causes of the persistent discriminatory attitudes against women. It calls on the State party to overcome expeditiously the de facto segregation in the education system, and to actively encourage 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. The Committee calls on the State party to set a clear time frame for the introduction of gender-sensitive educational curricula and teaching methods that address the structural and cultural causes of discrimination against women, and to incorporate sensitization training for teachers both pre- and in-service. It also invites the State party to monitor systematically the impact of measures taken in relation to stated goals and to take corrective measures whenever necessary. (Paragraphs 31 and 32).
Health: The Committee notes with concern the lack of data regarding women’s access to primary and secondary health care, and is concerned, given the lack of empirical evidence, that there may be inadequate attention paid to the differential and specific needs of women beyond obstetric and reproductive health. The Committee also notes with concern the lack of data regarding the effectiveness and knowledge of policies promoting adolescents’ access to and delivery of family planning and contraceptives in light of the persistent high rates of teenage pregnancy, many of which may result in unsafe abortion. Noting that abortion is one of the five leading causes of maternal mortality, and noting the existence of the 1975 Ministry of Health policy on abortion, it is concerned that the policy is not widely known or implemented, and services for the provision of safe abortions may not be available. While the Committee commends the State party on its work with the Joint United Nations Programme on HIV/AIDS and other international agencies in the area of AIDS prevention and improvement of women’s sexual health and reproductive rights, the Committee notes with concern the increasingly high rates of HIV/AIDS infection in adolescent girls and the lack of a holistic strategy to combat the spread of HIV/AIDS. It regrets that it was not provided with information regarding the effectiveness of the Jamaica HIV/AIDS/STI National Strategic Plan 2002-2006 in reducing infection rates, and the apparent lack of verifiable indicators available for monitoring its effectiveness.
The Committee calls on the State party to monitor systematically women’s access to health care, including primary and secondary health-care services, and to disaggregate such data by urban and rural areas, and by age, and use such data as a basis for planning health care delivery. While noting the establishment of the National Advisory Group on Abortion and the existing policy on abortion, providing women with access to safe abortion, the Committee calls on the State party to implement as well as to raise awareness about this policy. The Committee also calls on the State party to enact without delay draft legislation which would provide a legal framework for the existing policy. It recommends the continued implementation of awareness-raising initiatives on women’s health, including sexual and reproductive health and rights, and to also target adolescent girls, with special emphasis on combating HIV/AIDS. The Committee encourages more systematic use of its general recommendation 24, on women and health. The Committee also requests that the State party adopt measures to eliminate discrimination against women and girls infected with HIV/AIDS. It calls on the Government to include information, supported with measurable indicators and data disaggregated by sex, regarding the effectiveness of programmes targeting the reduction of HIV/AIDS and access to family planning in its next periodic report. (Paragraphs 35 and 36).
Early marriage: The Committee is concerned that, according to the Marriage Act, the legal minimum age of consent for marriage is 16 years, with parental consent or that of a guardian. While noting the response of the delegation which indicated that few formal marriages of people under 18 years of age occur in practice, the Committee remains concerned about the possibility of such de facto marriages.
The Committee calls upon the State party to raise without delay the minimum age of marriage to 18 years, in accordance with its general recommendation 21 and the Convention on the Rights of the Child. It also requests that the trends in teen pregnancies be monitored and that programmes for the prevention of teen pregnancy be implemented, as well as programmes that provide social services to pregnant teens, and ensuring their continued education. (Paragraphs 39 and 40)
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UN Committee against Torture
Not yet signed or ratified.
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UN Committee on Migrant Workers
CMW/C/JAM/CO/1
Adopted by Committee: 13 April 2017
Published: 21 April 2017
Issues Raised:
Ratification and National Policy:
The Optional Protocol to the Convention on the Rights of the Child on the sale of children child prostitution and child pornography, in August 2011; and The United Nations Convention against Transnational Organized Crime and its Protocols; the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol); and the Protocol against the Smuggling of Migrants by Land, Sea and Air, in 2003 (para. 9).
The Committee welcomes the adoption of the following legislative measures: The Child Pornography (Prevention) Act of October 2009 (para. 10).
The Committee also welcomes the following institutional and policy measures: The National Plan of Action on Child Labour (2013) (para. 11).
Labour Exploitation:
Committee is concerned at reports of labour exploitation of migrant workers, both in regular and irregular situations. The Committee is also concerned about reports regarding “sex tourism”, domestic servitude, forced and child labour, and commercial sexual exploitation, and the lack of information on measures taken to combat such abuses (para. 32).
The Committee recommends that the State party: Take all necessary measures to protect migrant workers, particularly in respect of upholding their labour rights and protecting them against all forms of exploitation, particularly sexual and labour exploitation; Increase labour inspections and prosecute, punish and sanction persons or groups exploiting migrant workers or subjecting them to forced labour and abuse, especially in the informal economy, in line with target 8.8 of the Sustainable Development Goals; Provide specific information in its next periodic report on the exploitation of migrant workers, including those in an irregular situation (para. 33).
Education:
The Committee commends the ratification of the United Nations Educational, Scientific and Cultural Organisation (UNESCO) Convention against Discrimination in Education, in 2006. While noting that under the Childcare and Protection Act, all children below the age of 18 are required to attend school irrespective of their migration status, the Committee regrets the lack of information concerning the general situation of children of migrant workers in the State party with respect to access to education (para. 46).
The Committee recommends that the State party provide information in the next periodic report on the general situation regarding access to education by children of migrant workers irrespective of their migration status (para. 47).
Children in situations of international migration:
The Committee commends the State party for its comprehensive efforts to protect the rights of children of Jamaican migrants remaining behind popularly known as “barrel children”. However, the Committee regrets the lack of information on the number of children that have returned to the State party and the policies aimed at facilitating their effective reintegration. It also regrets that under the Immigration Restriction (Commonwealth Citizens) Act, children under 16 years who are dependants of a prohibited immigrant are considered prohibited immigrants (para. 54).
The Committee recommends that the State party: Intensify efforts to promote and protect the rights of children and families of Jamaican workers, in particular through education, entrepreneurial, training and community welfare programmes, and further its cooperation to that effect with civil society actors in situ and in the country of origin; Conduct nationwide research on children of migrant workers in situ and on those remaining behind in the country of origin to establish the demographic profile of this population in order to guide its policies and programmes; Provide information in its next periodic report on the measures taken to facilitate the resettlement and reintegration of Jamaican migrant workers upon their return, including their reunification with children remaining behind in the country; Amend the Immigration Restriction (Commonwealth Citizens) Act to protect children of prohibited immigrants including unaccompanied children; and Provide information on birth registration of children born to Jamaican migrant workers abroad and children of migrant workers born in Jamaica, regardless of the immigration status of their parents (para. 55).
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UN Committee on the Rights of Persons with Disabilities
Ratified in 2007, but not yet reported.
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UN Committee on Enforced Disappearance
Not yet signed or ratified.