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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Scroll to: ______________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, July 2003) The Committee notes the preparation of the Child Care and Protection Act and thereby the efforts by the State party to bring the legal minimum ages into line with the Convention. On this aspect, it expresses its concern: (a) That the current minimum low working age (12 years) is not always adhered to in practice and that it is inconsistent with the age of completion of compulsory education (14 years); The Committee recommends that the State party: (a) Raise the minimum age of admission to employment in accordance with international standards and undertake awareness-raising campaigns in this regard; (Paragraphs 21 and 22) The Committee notes the preliminary assessment of the worst forms of child labour in Jamaica (ILO/IPEC, November 2001) and the State party’s expressed intention to ratify the ILO Minimum Age Convention (No. 138) and the Worst Forms of Child Labour Convention (No. 182). However, the Committee remains concerned about the actual child labour situation and notes the scarcity of data with regard to child labour. The Committee recommends that the State party: (a )Take further measures to assess the scope and nature of economic exploitation of children in all sectors and take the necessary measures to reduce and eliminate child labour, in close cooperation with ILO, including by introducing a separate legal provision prohibiting the employment of children under the age of 18 in hazardous work, i.e. work that is likely to be harmful to the child’s full and holistic development; (b) Take action to implement all policies and legislation relevant to child labour, inter alia through campaigns and education for the public on protection of the rights of children; (c) Ratify and implement ILO Conventions Nos. 138 and 182. (Paragraphs 50 and 51) UN Committee on Economic, Social and Cultural Rights 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) ______________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, July 2003) The Committee is deeply concerned about: (a) The generally violent environment in which Jamaican children are living; (b) The stereotypical and discriminatory attitudes concerning the roles of women and children, including traditions of violence, abuse, including sexual abuse, and neglect. The Committee urges the State party to strengthen considerably its efforts to address and condemn violence in society, including violence against women and children, particularly in the context of the family, as well as in schools and other environments. Further, it recommends that the State party take steps to monitor and address any incidents of violence and sexual or other abuse against children and take measures to ensure the rehabilitation of traumatised and victimised children by, inter alia: (a) Carrying out public education campaigns about the negative consequences of violence and ill-treatment of children and promoting positive, non-violent forms of conflict resolution and discipline, especially within the family and in the educational system; (b) Taking all legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse, against children in all contexts in society, as well as taking effective measures for the prevention of violent acts committed within the family, in schools and by the police and other State agents, making sure that perpetrators of these violent acts are brought to justice, putting an end to the practice of impunity; (c) Providing care, recovery and reintegration for child victims of direct or indirect violence and ensuring that the child victim is not revictimised in legal proceedings and that his/her privacy is protected; (d) Taking into consideration the recommendations of the Committee adopted on its days of general discussion on children and violence (CRC/C/100, para. 866 and CRC/C/111, paras. 701-745); (e) Seeking assistance from, among others, UNICEF and WHO. (Paragraphs 32 and 33) The Committee notes with appreciation the State party’s considerable achievements in the area of health care and its awareness of and intention to further improve the health situation among children through, inter alia, the adoption of the National Health Services Act, the expansion of health programmes and campaigns and the establishment of a quality assurance programme for the training of health personnel. However, the Committee remains concerned about: (c) The high rates of children and adolescents who are victims of accidents and violence. The Committee recommends that the State party: (c) Intensify efforts to improve safety for all children by reducing violence and abuse as well as preventing accidents through, inter alia, life-skills education campaigns and undertaking a review of existing preventive and guidance measures, including counselling, and mental health-care services. (Paragraphs 40 and 41) The Committee is concenred that: (a) Adolescents face particular physical and mental health risks, including from sexual abuse, violence, drug and alcohol abuse and STIs: With reference to the concluding observations of the Committee on Economic, Social and Cultural Rights (E/C.12/1/Add.75) and the Committee on the Elimination of Discrimination against Women (A/56/38, paras. 195-233), the Committee recommends that the State party: (a) Increase its efforts to promote adolescent health, including mental health, policies, particularly with respect to reproductive health, substance abuse and health education in schools, ensuring the full participation of adolescents; (Paragraphs 42 and 43) UN Committee on Economic, Social and Cultural Rights 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 organisations, 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) UN Special Rapporteur on Torture The Domestic Violence Act of 1996 was amended in order to give women the possibility of applying through the court system for a protective order (section 3(1)). It also gives police officers the same possibility concerning children in situations of domestic violence (section 3(2)(b)(v)). The violation of a court-issued protection order is punishable by a fine and/or by a prison term of up to six months (section 5(1)). However, owing to additional gaps in the legislation, the Government has recently engaged with civil society to make the necessary amendments. (Paragraph 31) Universal Periodic Review (November 2010) A - 98.7. Address appropriately the challenges identified by treaty bodies' reports, particularly those relating to gender equality, the rights of the child and the elimination of violence against women, and consider requesting technical assistance from OHCHR in order to duly implement treaty bodies' recommendations (Costa Rica); (accepted) A - 98.13. Continue implementing further plans and programmes to reduce levels of violence against women and girls (Colombia); (accepted) ______________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, July 2003) The Committee urges the State party to strengthen considerably its efforts to address and condemn violence in society, including violence against women and children, particularly in the context of the family, as well as in schools and other environments. Further, it recommends that the State party take steps to monitor and address any incidents of violence and sexual or other abuse against children and take measures to ensure the rehabilitation of traumatised and victimised children by, inter alia: (b) Taking all legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse, against children in all contexts in society, as well as taking effective measures for the prevention of violent acts committed within the family, in schools and by the police and other State agents, making sure that perpetrators of these violent acts are brought to justice, putting an end to the practice of impunity; (Paragraph 33) The Committee welcomes the State party's progress in the field of education, but remains concerned about: (e) The use of corporal punishment in schools. (Paragraph 48) The Committee recommends that the State party, in the light of the Committee's general comment No. 1 on article 29(1) of the Convention (aims of education): (e) Adopt appropriate legislative measures to combat the use of corporal punishment in schools; (Paragraph 49) UN Human Rights Committee 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) UN Committee on Economic, Social and Cultural Rights 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 organisations, 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) UN Special Rapporteur on Torture Section 9 of the Child Care and Protection Act prohibits assaulting and physically or mentally ill-treating a child, punishable by fine or imprisonment with hard labour not exceeding five years. Additionally, a child in a place of safety or children’s home has the right to be free from corporal punishment (section 64(d)). In this regard, a children’s home may be visited at all reasonable times by any person authorised by the minister or by an officer of the Jamaican Constabulary Force, not below the rank of Deputy Superintendent, for the purpose of ensuring that the children receive adequate care and attention (section 54). (Paragraph 28) , St. Andrew Juvenile Remand Centre for boys was governed by a system of repression and regular corporal punishment. Only the boys who had been sentenced were allowed to go outside for specific projects, while those on remand were never allowed to leave the buildings, thus deprived of any recreational activities in the open air. The Special Rapporteur also received numerous allegations of corporal punishment, including beatings on the buttocks with wooden boards and being forced to kneel for prolonged periods of time with their hands in the air. The acting overseers admitted that kneeling was used as punishment. They seemed to be aware of the use of corporal punishment by certain warders, and although they stated that an internal investigation was initiated when a boy presented a complaint, they did not give the impression of taking serious measures to deal with the situation. At the time of the visit, four persons were interdicted, but their investigations had been ongoing for almost four years, with no concluding date in sight. (Paragraph 53) The Special Rapporteur was informed that there were several ministerial orders banning corporal punishment, including in schools, which he took as a positive sign. While the Child Care and Protection Act prohibits the application of corporal punishment in State- run facilities, which the Special Rapporteur notes as a positive development, it does not include any provisions banning corporal punishment in the domestic sphere. The Special Rapporteur was concerned that the use of corporal punishment appears to be deeply entrenched in Jamaican society. The Special Rapporteur witnessed as much at the St. Andrews Juvenile Remand Centre, where the use of corporal punishment on boys was rather frequent, as well as in detention facilities for adults. (Paragraph 66) Although the conditions in correctional facilities were better, they still varied and were generally overcrowded, lacked water and sanitary facilities, as well as meaningful opportunities for education, work and recreation, necessary for the rehabilitation and re-socialisation of detainees. Consistent allegations of routine corporal punishment were also received from facilities for adults and children. The conditions for women were generally better, and there was a strict separation between male and female detainees. The situation for persons with mental disabilities, held together with other detainees rather than in separate psychiatric institutions where they could receive adequate medical attention, was a concern. (Paragraph 71) ______________________________________________________________________ Sexual exploitation and abuse of children UN Committee on the Rights of the Child (Concluding Observations, July 2003) The Committee is deeply concerned about: (b) The stereotypical and discriminatory attitudes concerning the roles of women and children, including traditions of violence, abuse, including sexual abuse, and neglect. The Committee urges the State party to strengthen considerably its efforts to address and condemn violence in society, including violence against women and children, particularly in the context of the family, as well as in schools and other environments. Further, it recommends that the State party take steps to monitor and address any incidents of violence and sexual or other abuse against children and take measures to ensure the rehabilitation of traumatised and victimised children by, inter alia: (a) Carrying out public education campaigns about the negative consequences of violence and ill-treatment of children and promoting positive, non-violent forms of conflict resolution and discipline, especially within the family and in the educational system; (b) Taking all legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse, against children in all contexts in society, as well as taking effective measures for the prevention of violent acts committed within the family, in schools and by the police and other State agents, making sure that perpetrators of these violent acts are brought to justice, putting an end to the practice of impunity; (c) Providing care, recovery and reintegration for child victims of direct or indirect violence and ensuring that the child victim is not revictimised in legal proceedings and that his/her privacy is protected; (d) Taking into consideration the recommendations of the Committee adopted on its days of general discussion on children and violence (CRC/C/100, para. 866 and CRC/C/111, paras. 701-745); (e) Seeking assistance from, among others, UNICEF and WHO. (Paragraphs 32 and 33) The Committee welcomes the information that a committee was established in January 2003 to review children’s homes and to make recommendations for improvements. However, it expresses its concern about the very poor conditions of children’s homes (e.g. lack of compliances with fire regulations), the inadequate access to educational facilities and the incidence of sexual and other abuse implying, inter alia, the risk of STI transmission. The Committee recommends that the State party: (a) Expedite the work of the review committee and take all necessary measures as a matter of urgency to improve the quality of care in children’s homes and to protect children living in such homes against all forms of abuse, seeking assistance from, among others, UNICEF; (b) Review the existing legislation on adoption in the light of the provisions of the Convention and consider ratifying the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption of 1993. (Paragraphs 36 and 37) The Committee is concerned at the sexual exploitation and trafficking of children, including street children, and the lack of accurate data and adequate laws and policies in this regard. The Committee recommends that the State party: (a) Undertake a study to examine the sexual exploitation of children, gathering accurate data on its prevalence; (b) Take appropriate legislative measures and develop an effective and comprehensive policy addressing the sexual exploitation of children, including the factors that place children at risk of such exploitation; (c) Implement appropriate policies and programmes for the prevention, recovery and reintegration of child victims, in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children. (Paragraphs 54 and 55) UN Committee on Economic, Social and Cultural Rights 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 penalise sex tourism and the exploitation of women and children in this regard. (Paragraph 26) 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 organisations, 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) Universal Periodic Review (November 2010) A - 98.17. Further strengthen efforts to prevent and combat trafficking in persons and the sexual exploitation of children (Brazil); (accepted) ______________________________________________________________________ Use of, and conditions in, detention for children UN Committee on the Rights of the Child (Concluding Observations, July 2003) While recognising the State party’s efforts and achievements in this domain, the Committee remains concerned that: (a) There is no independent mechanism to monitor and evaluate the situation of children in conflict with the law, including children deprived of their liberty, and the rehabilitation of juvenile offenders; (b) The stereotypical inflexible attitudes concerning children’s rights among police officers and members of the judiciary are impeding the full implementation of the Convention in this regard; (c) Children are sometimes held in lockups by the police in substandard conditions, and that children in pre-trial detention may wait as long as a year before their case is dealt with by the court. The Committee recommends that the State party, in the light of the Committee’s day of general discussion on juvenile justice, develop mechanisms and provide adequate resources to ensure the full implementation of juvenile justice standards, in particular articles 37, 39 and 40 of the Convention, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines). In particular, the Committee recommends that the State party: (a) Establish an independent mechanism to monitor the situation of children in conflict with the law, including children in juvenile detention centres, and monitor preventive, recovery and evaluation policies in this regard; (b) Amend the legislation to ensure that children are not sentenced to life imprisonment; (c) Strengthen its efforts to educate and sensitise police personnel, judicial personnel and other staff within the justice system to the provisions of the Convention, especially concerning the special needs of children deprived of their liberty, to ensure that the rights of the child, inter alia to be separated from adults and to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, are always respected; (d) Take further measures to ensure that detainees under the age of 18 are not kept, or even placed, in police lockups in substandard conditions, inter alia by improving the living conditions of children on remand and encouraging communication between the police and children’s officers responsible for the placement of detained children, and take further measures to introduce more alternatives to institutionalisation of juvenile offenders. In this regard the Committee wishes to emphasise that article 37 (b) of the Convention requires that detention shall be a measure of last resort and for the shortest possible period of time; (e) Evaluate and improve the standards of the juvenile institutions, such as the Places of Safety, including their living conditions, reintegration and psychological recovery programmes and the quality of the personnel; (f) Seek assistance from, among others, OHCHR, the Centre for International Crime Prevention and UNICEF. (Paragraphs 56 and 57) UN Human Rights Committee 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) UN Special rapporteur on Torture The Child Care and Protection Act (2004) establishes criminal responsibility at age 12 (section 63). Upon arrest, a child must be taken forthwith before a court. If this is not possible, the office of police in charge of the police station informs the Office of the Children’s Advocate, releases the child on bail or detains the child in a children’s remand centre until the child can be brought before a court (section 67). All matters dealing with charges against a child or in relation to a child in need of care or protection are heard by the Children’s Courts (section 72(1)) and the parents or legal guardians of the child are required to attend the court at all stages of the proceedings (section 69(1)). (Paragraph 26) The Child Care and Protection Act also states that children should be kept separate from adults at police stations and courts (sections 66(a) and (b)). However, if the court so decides, a juvenile may be committed to an adult correctional centre (section 68(b)). In certain circumstances, including murder or manslaughter, treason or infanticide, and if the court is of the opinion that no other methods are suitable, a juvenile may be sentenced to up to 25 years of imprisonment (section 75(8)). (Paragraph 27) Section 9 of the Child Care and Protection Act prohibits assaulting and physically or mentally ill-treating a child, punishable by fine or imprisonment with hard labour not exceeding five years. Additionally, a child in a place of safety or children’s home has the right to be free from corporal punishment (section 64(d)). In this regard, a children’s home may be visited at all reasonable times by any person authorised by the minister or by an officer of the Jamaican Constabulary Force, not below the rank of Deputy Superintendent, for the purpose of ensuring that the children receive adequate care and attention (section 54). (Paragraph 28) The Child Care and Protection Act also created the Office of the Children’s Advocate to protect and enforce children’s rights. The Children’s Advocate may conduct investigations into complaints of authorities infringing on a child’s rights. The Children’s Advocate may also bring non-criminal proceedings to court concerning the rights or best interests of children. (Paragraph 29) Juveniles may be detained if they are in need of care and protection, if deemed uncontrollable or if in conflict with the law. With regard to an “uncontrollable child”, there is no clear definition or criteria for its identification in the legislation. The wide discretion currently allowed to the judiciary has led to a relatively large number of detentions of children under such orders. According to the Office of the Children’s Advocate, in 2008 alone, almost 20 per cent of children in detention facilities were there for uncontrollable behaviour. (Paragraph 30) Children and juveniles in need of care and protection, uncontrollable juveniles and those in conflict with the law are often held together without distinction. The lack of separation makes it extremely difficult, if not impossible, to address the individual needs of children, be it in terms of protection or rehabilitation. Additionally, there should not be one single model for all children in detention with regard to levels of security, access to education, recreation and family visits. Regarding uncontrollable children, the Special Rapporteur was greatly concerned at the lack of a clear definition or criteria for the identification of an uncontrollable child and the wide discretion afforded to the judiciary, which led to a relatively high number of detentions of uncontrollable children. He was further concerned by the fact that many children seemed to receive disproportionately long sentences for minor infractions. (Paragraph 50) The Special Rapporteur witnessed two opposite ends of the spectrum in the conditions of detention in the places visited. At Diamond Crest Juvenile Correctional Centre for girls, the Special Rapporteur could sense an overall positive atmosphere and the well-being of the girls. The openness of the facility and the genuine interest of the staff were very reassuring. The girls went to school, had the opportunity to practice sports and spend time outside and do other recreational activities. Perhaps more important was the fact that their dormitories did not have locks and the grills surrounding the veranda by the dormitories remained open most of the day. (Paragraph 51) The Hill Top Juvenile Correctional Centre for boys is a closed facility. The Special Rapporteur received complaints of ill-treatment, although the punishment cells were apparently not used very frequently. The boys also went to school and were allowed to play sports outdoors for several hours each day, although they were not allowed to go outside during the weekends. (Paragraph 52) By contrast, St. Andrew Juvenile Remand Centre for boys was governed by a system of repression and regular corporal punishment. Only the boys who had been sentenced were allowed to go outside for specific projects, while those on remand were never allowed to leave the buildings, thus deprived of any recreational activities in the open air. The Special Rapporteur also received numerous allegations of corporal punishment, including beatings on the buttocks with wooden boards and being forced to kneel for prolonged periods of time with their hands in the air. The acting overseers admitted that kneeling was used as punishment. They seemed to be aware of the use of corporal punishment by certain warders, and although they stated that an internal investigation was initiated when a boy presented a complaint, they did not give the impression of taking serious measures to deal with the situation. At the time of the visit, four persons were interdicted, but their investigations had been ongoing for almost four years, with no concluding date in sight. (Paragraph 53) Also worrying was the fact that the Fort Augusta Correctional Centre for Women and the Horizon Remand Centre for men are adult institutions that also hold children. At Fort Augusta, although the girls had separate dormitories, they were not segregated from the women, in contravention of international human rights standards. This was also the case at police stations, where the Special Rapporteur expressed concern that children were held together with adults, as was the case at Montego Bay police station. The current practice of confining children in institutions equipped and staffed for adults cannot meet their special needs. Children should be placed in adequate, specialised facilities. (Paragraph 54) The Special Rapporteur interviewed several girls who had witnessed the fire at the Armadale Juvenile Correctional Centre on 22 May 2009. In addition, he was provided with a copy of the report of the Armadale enquiry, although it has not yet been made public. The Commission of Enquiry was tasked with investigating the causes and consequences of the fire; the response of the management to the outbreak of the fire; the behaviour of the children detained at the institution before and during the fire; and the response of the emergency services and the effect these had on the origin, control and consequences of the fire. (Paragraph 55) According to the report, the Office dormitory, which was consumed by the fire, contained seven double-bunk beds with 14 mattresses, and measured 20 feet by 12 feet. The dormitory had been considered unfit for occupancy by the Property Manager for the Correctional Department since May 2007. Despite attempts to move some of the girls to other offices, 23 girls were held at the Office dormitory on 22 May. (Paragraph 56) In addition to the overcrowding, the girls had been in lockdown since 7 May. Lockdown was used as a form of collective punishment, in contravention of international human rights standards. The recurrent use of lockdown deprived the girls of all outdoor activities for extended periods. All meals were served in the dormitory, and no knives, forks or spoons were provided. The use of the bathroom was restricted to one hour in the mornings. Additionally, most classes were cancelled during lockdown. According to the report, new arrivals were placed in lockdown for two weeks at Armadale. (Paragraph 57) On the day of the fire, six girls attempted to break out by removing the grills covering the windows. The girls threw faeces, urine, water and other articles at the officers, who hit the girls with sticks to keep them inside. The supervising correctional officer then summoned assistance, and two police officers arrived at Armadale. One of the officers threw a teargas canister into the dormitory, which fell onto a bed and started the fire upon contact with a foam mattress. A second fire started when the smoke from the teargas combined with an accelerant found in the dormitory. The door of the dormitory was never opened, so the girls had to jump out through the front and rear windows. One of the correctional officers continued hitting the girls to ensure they stayed inside, despite the fact that the dormitory was on fire. Seven girls died as a result of the fire, and many others were injured. (Paragraph 58) The report concludes that the use of teargas was an unlawful use of force by the police officer, and that the dormitory door should have been promptly unlocked. In addition, most of the fire extinguishers were not recharged, despite continuous requests addressed to the Department of Correctional Services. The report recommends that lockdown be discontinued and that the Commissioner of Corrections and the Children’s Court be made aware when a facility reaches its maximum capacity so that no additional child is sent there. It also recommends that a board of visiting judges be appointed to conduct regular visits and review the facilities at juvenile correctional centres. Lastly, it recommends that the statements and evidence obtained by the enquiry and the final report be submitted to the Director of Public Prosecutions for consideration on whether any criminal acts were committed. (Paragraph 59) On 2 March 2010, the Prime Minister addressed parliament on the report of the Armadale enquiry. He stated that, although resource constraints imposed a heavy burden on officers working in juvenile detention facilities, they “cannot explain or excuse negligence or inertia”.11 He also noted that the Correctional Services should not be responsible for juvenile correctional and remand facilities, because they are trained to deal with adult criminal offenders and not with children in conflict with the law. In this regard, he outlined several measures under way to address some of the problems concerning children in correctional facilities, including placing juvenile correctional and remand facilities under the Child Development Agency. Additional measures include renovating certain buildings and transferring certain children to ensure that children in remand are held in separate facilities from those under correctional orders. (Paragraph 60) Taking into account the conclusions of the report, as well as the interviews held with the girls and one official who was at Armadale on the day of the fire, the Special Rapporteur considers that the deaths and the physical and psychological suffering of the girls could have been prevented. The frequent use of lockdown, made particularly worse by the overcrowding and unhygienic conditions, was not conducive to the rehabilitation of the girls, as it created a climate of tension and frustration. Most of the girls were also not receiving appropriate medical and psychiatric treatment, furthering their anxiety. In addition, the girls were not classified according to their cause of detention; some girls in the Office dormitory were there under court orders, while others were there only because they were in need of care and protection from the State. The Special Rapporteur expects that those responsible be brought to justice and held accountable. (Paragraph 61) With regard to children, the Special Rapporteur expressed concern over the fact that children in need of care and protection by the State, those deemed uncontrollable and those in conflict with the law were held together in detention facilities without distinction. Equally disturbing was the lack of a clear definition or criteria for the identification of an uncontrollable child, and the wide discretion afforded to the judiciary to make this decision. Another concern was the fact that children were held together with adults in police stations, as was the case in the Horizon Adult and Juvenile Correctional and Remand Centre, where boys and girls were held in the same facility as adults, albeit in separate sections, and in the Fort Augusta Adult and Juvenile Correctional Centre, where the girls were not segregated from the women. (Paragraph 72) Remove all children in conflict with the law from adult detention facilities, and ensure that children in need of care and protection from the State are not held with those in conflict with the law; (Paragraph 77o) Transfer the responsibility of places of detention for juveniles to the Child Development Agency ; (Paragraph 77p) Establish clear guidelines concerning punishments at children’s homes, places of safety and correctional facilities, and ensure that its use is recorded in the register; (Paragraph 77q) Universal Periodic Review (November 2010) A - 99.9. Supervise conditions in youth correctional facilities and guarantee that it complies with the Law on Child Care and Protection, in order to determine the progress made at the national level (Ecuador); (accepted) A - 99.10. Ensure that the new detention centres, which will be established in accordance with the auditing mentioned in the national report, comply with international standards, in particular regarding separation of minors from adults and the prohibition of corporal punishment (Mexico); (accepted) (accepted) ______________________________________________________________________ Low minimum age of criminal responsibility UN Committee on the Rights of the Child (Concluding Observations, July 2003) The Committee notes the preparation of the Child Care and Protection Act and thereby the efforts by the State party to bring the legal minimum ages into line with the Convention. On this aspect, it expresses its concern: (b) About [the] low legal age of criminal responsibility (12 years)/ The Committee recommends that the State party: (b) Raise the minimum legal age of criminal responsibility to an internationally acceptable age. (Paragraphs 21 and 22) Universal Periodic Review (November 2010) R - 101.17. Increase the age of criminal responsibility (Trinidad and Tobago); (rejected) ______________________________________________________________________ Inadequate education provision UN Committee on the Rights of the Child (Concluding Observations, July 2003) The Committee welcomes the State party’s progress in the field of education, but remains concerned about: (a) The effectiveness of measures taken to implement the child’s right to education and leisure activities in accordance with article 28, 29 and 31 of the Convention, particularly in view of the inadequacy of budget allocations; (b) The inadequate supervision of the quality of pre-schools and primary schools and the lack of appropriate material and qualified teachers; (c) The equality of access to education, in particular concerning boys and children from poor families; (d) The high illiteracy rates and the poor results in regional examinations, as well as low attendance, high drop-out and high repetition rates; (e) The use of corporal punishment in schools. The Committee recommends that the State party, in the light of the Committee’s general comment No. 1 on article 29 (1) of the Convention (aims of education): (a) Carefully examine the budget allocations and measures taken within the field, with regard to their impact on the progressive implementation of the child’s right to education and leisure activities; (b) Intensify its efforts to improve the quality of education and management of schools and continue its current efforts to address problems with regard to the standards of teaching materials and training of staff; (c) Seek to further implement participatory measures to encourage children, especially boys, to stay in school during the period of compulsory education; take further measures to facilitate the accessibility to education of children from all groups in society, particularly children from poor backgrounds, including reviewing the system of school fees; and make every effort to raise awareness in society of the importance of education for all children; (d) Take additional steps, including non-formal measures, to address the high illiteracy rates and the poor results in national examinations; take measures to increase school attendance and reduce the high drop-out and repetition rates; give appropriate assistance to adolescents who are in the process of transition from school to work; (e) Adopt appropriate legislative measures to combat the use of corporal punishment in the schools; (f) Seek further technical assistance from UNICEF and UNESCO, among others. (Paragraphs 48 and 49) UN Committee on Economic, Social and Cultural Rights 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) UN Committee on the Elimination of Discrimination against Women 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 sensitisation 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). Universal Periodic Review (November 2010) A - 98.28. Continue to strengthen education cooperation with international educational organisations (China); (accepted) ______________________________________________________________________ Inadequate reproductive health care and education UN Committee on the Rights of the Child (Concluding Observations, July 2003) The Committee is concerned that: (a) Adolescents face particular physical and mental health risks, including from sexual abuse, violence, drug and alcohol abuse and STIs; (b) The rate of teenage pregnancy and number of very young mothers are disturbingly high. With reference to the concluding observations of the Committee on Economic, Social and Cultural Rights (E/C.12/1/Add.75) and the Committee on the Elimination of Discrimination against Women (A/56/38, paras. 195-233), the Committee recommends that the State party: (a) Increase its efforts to promote adolescent health, including mental health, policies, particularly with respect to reproductive health, substance abuse and health education in schools, ensuring the full participation of adolescents; (b) Consider means of reducing teenage pregnancy, including by strengthening reproductive health education and education in family planning for adolescents as well as campaigns and education programmes to change attitudes towards fertility and sexuality, and ensure the provision of full health and counselling support for pregnant girls and that these girls are able to continue their formal education. (Paragraphs 42 and 43) UN Human Rights Committee 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). (Paragraph 14). 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. UN Committee on Economic, Social and Cultural Rights 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) 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) UN Committee on the Elimination of Discrimination against Women 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). ______________________________________________________________________ Insufficient provision for health services for children UN Committee on the Rights of the Child (Concluding Observations, July 2003) The Committee notes with appreciation the State party’s considerable achievements in the area of health care and its awareness of and intention to further improve the health situation among children through, inter alia, the adoption of the National Health Services Act, the expansion of health programmes and campaigns and the establishment of a quality assurance programme for the training of health personnel. However, the Committee remains concerned about: (a) The insufficient number of health personnel, medicines and supplies to meet the needs of sick children; (b) The problems of environmental degradation within the State party, including air pollution and difficulties accessing safe, clean water in a number of rural and inner-city areas; (c) The high rates of children and adolescents who are victims of accidents and violence. The Committee recommends that the State party: (a) Continue taking all appropriate measures to improve the health infrastructure, including through international cooperation, in order to ensure access to basic health care and services adequately stocked with appropriate basic medicines for all children, as well as by paying attention to the mental health of children and young people; (b) Intensify its efforts to address environmental health concerns, particularly with regard to air pollution and solid waste management, and increase access to safe drinking water and sanitation; (c) Intensify efforts to improve safety for all children by reducing violence and abuse as well as preventing accidents through, inter alia, life-skills education campaigns and undertaking a review of existing preventive and guidance measures, including counselling, and mental health-care services. (Paragraphs 40 and 41) Universal Periodic Review (November 2010) A - 98.26. Continue to take measures to improve its health-care service, especially to guarantee the right of children to healthy growth (China); (accepted) ______________________________________________________________________ Inadequate response to the prevalence of HIV and AIDS UN Committee on the Rights of the Child (Concluding Observations, July 2003) The Committee welcomes the efforts made by the State party to prevent and control HIV/AIDS, but remains concerned about the increasing incidence of the infection. The Committee is deeply concerned at the very serious impact of HIV/AIDS on the cultural, economic, political, social and civil rights and freedoms of children infected with or affected by HIV/AIDS, including the Convention’s general principles and with particular reference to the rights to non-discrimination, health care, education, food and housing, as well as to information and freedom of expression. The Committee recommends that the State party further integrate respect for the rights of the child into the development and implementation of its HIV/AIDS policies and strategies on behalf of children infected with and affected by HIV/AIDS, as well as their families, including by taking into consideration the recommendations the Committee adopted at its day of general discussion on children living in a world with HIV/AIDS (CRC/C/80, para. 243), and involve children when implementing this strategy. (Paragraphs 44 and 45) The Committee is concerned that: (d) Children who are known to be infected with HIV/AIDS are discriminated against at school by some teachers. The Committee recommends that the State party amend its legislation, including the Constitution, to ensure that it fully corresponds to the provisions of article 2 of the Convention and to ensure the full implementation of non-discrimination provisions, giving special attention to children infected or affected by HIV/AIDS, children with disabilities, equality between boys and girls and racial discrimination. (Paragraphs 23 and 24) UN Committee on Economic, Social and Cultural Rights The Committee is alarmed that, according to information received from United Nations organisations, 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) UN Committee on the Elimination of Discrimination against Women 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] 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). ______________________________________________________________________ Inadequate provision for children with disabilities UN Committee on the Rights of the Child (Concluding Observations, July 2003) While noting the progress made in the area of the rights of children with disabilities, including the work done in cooperation with NGOs and United Nations agencies and, inter alia, the adoption of the Copenhagen Declaration and Plan of Action of 1995, the Committee remains concerned that: (a) The State party’s statistics on children with disabilities may be incomplete and, in particular, do not take into consideration all children with disabilities, as can be seen, for instance, in the fact that children with disabilities are not included in government children’s homes; (b) There are insufficient resources and no specialised staff and institutions for children with disabilities, including day-care opportunities, as well as insufficient therapeutic and training programmes for both children, parents and staff; (c) There is no national system for early detection and intervention with regard to children with disabilities; (d) Insufficient efforts have been made to facilitate the inclusion of children with disabilities into the educational system and society in general, including efforts to change traditional attitudes towards persons with disabilities and to improve the access to information, medical facilities, etc. The Committee recommends that the State party: (a) Conduct a survey to identify the number of children with disabilities, including children in government children’s homes, as well as causes of and ways to prevent disability; (b) In the light of the Standard Rules on the Equalisation of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), further encourage the integration of children with disabilities into the regular educational system and their inclusion into society, inter alia by giving more attention to special training for teachers and making the physical environment, including schools, sports and leisure facilities and all other public areas, accessible for children with disabilities; (c) Establish a national system for early detection, referral and intervention including both increased government provisions via public institutions, and community based as well as NGO interventions; (d) Seek further technical assistance and cooperation for the creation of more effective specialised institutions, including day-care centres, and for the training of children with disabilities, their parents and professional staff working with and for children with disabilities. (Paragraphs 38 and 39) Universal Periodic Review (November 2010) A - 98.37. Adopt targeted policies and programmes to offer protections for the most vulnerable in society, including women, children and persons with disabilities, and to eliminate discrimination against them (Canada); (accepted) A - 99.13. Establish adequate services and opportunities for children with disabilities (Germany); (accepted) A - 99.14. Enhance the facilities, services and opportunities for children and persons with disabilities (Trinidad and Tobago); (accepted) ______________________________________________________________________ Discrimination against vulnerable children, including those with disabilities and with HIV or AIDS UN Committee on the Rights of the Child (Concluding Observations, July 2003) The Committee is concerned that: (a) The Constitution of Jamaica does not fully reflect the provisions of article 2 of the Convention and, in particular, does not specifically prohibit discrimination on the grounds of the child’s or his or her parents’ or legal guardian’s language, religion, ethnic or social origin, or property, disability, birth or other status; (b) With reference, inter alia, to the concerns of the Committee on the Elimination of Racial Discrimination (CERD/C/60/CO6, 21 May 2002), the State party does not pay enough attention to the problems of racial discrimination within the State party; (c) Children with disabilities are de facto discriminated against by the absence of specific guarantees for their integration into regular schools and are hindered, inter alia, by limited access to facilities; (d) Children who are known to be infected with HIV/AIDS are discriminated against at school by some teachers. The Committee recommends that the State party amend its legislation, including the Constitution, to ensure that it fully corresponds to the provisions of article 2 of the Convention and to ensure the full implementation of non-discrimination provisions, giving special attention to children infected or affected by HIV/AIDS, children with disabilities, equality between boys and girls and racial discrimination. (Paragraphs 24 and 25) UN Committee on the Elimination of Discrimination against Women 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. (Paragraph 36) Universal Periodic Review (November 2010) A - 98.37. Adopt targeted policies and programmes to offer protections for the most vulnerable in society, including women, children and persons with disabilities, and to eliminate discrimination against them (Canada); (accepted) ______________________________________________________________________
Last reported: 21 November 2001
Concluding Observations issued: 21 November 2001
Last reported: 21 November 2001
Concluding Observations issued: 30 November 2001
Country visit: 12 and 21 February 2010
Report published: 11 October 2010
Last reported: 19 and 20 October 2011
Concluding Observations issued: 1 November 2011
Last reported: 21 November 2001
Concluding Observations issued: 30 November 2001
Country visit: 12 to 21 February 2010
Report published: 11 October 2010
Last reported: 21 November 2001
Concluding Observations issued: 30 November 2001
Last reported: 19 and 20 October 2011
Concluding Observations issued: 1 November 2011
Country visit: 12 to 21 February 2010
Report published: 11 October 2010
Last reported: 21 November 2001
Concluding Observations issued: 30 November 2001
Last reported: 11 August 2006
Concluding Observations issued: 25 August 2006
Last reported: 19 and 20 October 2011
Concluding Observations issued: 1 November 2011
Last reported: 21 November 2001
Concluding Observations issued: 30 November 2001
Last reported: 11 August 2006
Concluding Observations issued: 25 August 2006
Last reported: 21 November 2001
Concluding Observations issued: 30 November 2001
Last reported: 11 August 2006
Concluding Observations issued: 25 August 2006