Submitted by crinadmin on
Summary: General overview of Niue's national legal provisions on children's rights, including guidance on how to conduct further research.
National laws on children's rights Status of the CRC in national law International treaties, including the Convention on the Rights of the Child, are not included within the recognised sources of law in Niue's legal system. The State has reported to the Committee on the Rights of the Child that international human rights conventions “make an impact on domestic legislation thereby supplementing the framework of the Constitution”, but it is not clear whether the Convention can be cited in domestic courts, and if so to what effect. Constitution: the Constitution of Niue does not contain rights provisions. Legislation: much of the legislation relevant to children can be found within the Family Law Code, but there is no comprehensive or consolidated Children's Act in national law, rather provisions concerning children can be found in a number of Codes and Acts. Relevant legislation includes, but is by no means limited to: The Family Law Code The Niue Act 1966 The Education Act 1989 The Guardianship Act 1968 The Land Act 1969 The Child Allowance Act 1995 The Citizenship Act 1977 The Adoption Act 1955 The Pensions and Benefits Act 1991 The Births and Deaths Registration Regulations, 1984 Legal Research The official website of the Government of Niue publishes national legislation (http://www.gov.nu/wb/pages/legislation-matafakatufono.php) and the Constitution of Niue is available through the Pacific Legal Information Institute (http://www.paclii.org/nu/legis/num_act/ca1974188/index.html) as well as a database of the consolidated laws (http://www.paclii.org/nu/legis/consol_act/) and subsidiary legislation (http://www.paclii.org/nu/legis/consol_sub/). In addition, the GlobaLex project at New York University has published a guide to legal research in the South Pacific (http://www.nyulawglobal.org/Globalex/South_Pacific_Law1.htm) and the World Legal Information Institute (http://www.worldlii.org/links/2769.html) and the U.S. Law Library of Congress (http://www.loc.gov/law/help/guide/nations/niue.php) provide access to a selection of legal and governmental resources. All resources are available in English. Case Law CRC Jurisprudence Please contact CRIN if you are aware of any cases in national courts which reference the Convention on the Rights of the Child. Case Law Research The Pacific Legal Information Institute provides access to a selection of the decisions of the Court of Appeal and the High Court of Niue (http://www.paclii.org/databases.html#NU). All resources are available in English. Compliance with the CRC In its Concluding Observations of 2013, the Committee on the Rights of the Child noted the consolidation of laws relevant to children into the Family Law Code, and the initiation of a review of the Code with the Convention on the Rights of the Child. However, the Committee expressed concern at the delay in the adoption of the Family Protection Bill and at the persistence of legislation in contradiction with the Convention, “including discriminatory laws and major legal gaps in the protection of children's rights.” In depth analysis Among the more basic concerns raised in the Committee's 2013 Observations was the way children are defined in national law. The Committee noted that there was no definition of the age of majority in Niue's legislation and raised a number of areas in which minimum ages were set in a way that was not compliant with the Convention on the Rights of the Child. Of particular concern was that the minimum age of marriage for girls (15 years) was not only too low, but was below the age for the end of compulsory education, which might interfere with girls' access to education. The Committee also expressed concern that proposed amendments to the Education Act included those that would lower the age at which compulsory education ends. The absence of a minimum age for children to enter work was also a source of concern, and the Committee urged the State to establish such and age in law and to adopt legal provisions to protect children from labour exploitation. The inadequacy of the law with regards to sexual abuse was also a major source of concern. The Committee noted the prevalence of sexual abuse in the State as well as that the rape of boys was not prohibited and penalties for the sexual abuse of children were very low. The Committee also raised serious concern that the criminal penalties for sexually abusing children with disabilities were less than those for abusing children who do not have disabilities. The corresponding recommendations focused on explicitly prohibiting the rape of boys, ensuring that the penalties for sexual abuse are commensurate with the gravity of the offences and ensuring that all children enjoy the same standard of protection against sexual abuse. The absence of a specialised juvenile justice system also emerged from the 2013 Observations as a serious deficit in national law. The Committee urged the State to put in place a juvenile justice system to address the situation of children in conflict with the law, including ensuring that cases involving children are not held in public and conform with international standards. The Committee was also critical of the low age of criminal responsibility (10 years) and urged the State to raise this to an internationally acceptable age. Current legal reform projects At the time of Niue's report to the Committee on the Rights of the Child in January 2013, the State was developing a Family Protection Bill and a Mental Health Bill. The Committee on the Rights of the Child raised concerns over proposed amendments to the Education Act, which if enacted would lower the age at which compulsory education ends. At the time of writing, none of these reforms had entered into force.