Submitted by crinadmin on
Summary: General overview of Palau'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 In order for international treaties, including the Convention on the Rights of the Child, to be directly applied before Palau's courts, they must be incorporated through national legislation. The Convention has not been incorporated and therefore may not be directly applied before national courts. It is not clear whether the Convention has been cited in decisions of Palau's courts. Constitution: Articles IV and V of the Constitution of Palau contain a number of rights provisions that apply regardless of age and a small number of provisions throughout the Constitution specifically address the rights of children: Article IV, Section 5: provides that every person shall be equal under the law and entitled to equal protection. The section also prohibits discrimination on a number of grounds, but permits preferential treatment for the protection of minors. Article IV, Section 11: prohibits slavery and involuntary servitude, except as a punishment for a crime. The section also requires the government to protect children from exploitation. Article IV, Section 13: provides that parents, or individuals acting in the capacity of parents, shall be legally responsible for the support and for the unlawful conduct of their minor children as prescribed by law. Article VI: requires the national government to take positive action to provide free and compulsory public education for citizens. Legislation: much of Palau's legislation has been codified in the Palau National Code (PNC). Chapters of the Code of particular relevance to children include, but are by no means limited to: The National Child Abuse Act (PNC 21.6) The Handicapped Children's Act (PNC 22.4) The Anti-Smuggling and Trafficking Act (PNC 17.39) The Education Act (PNC 22.1) The Uniform Labour Act Legal Research The official website of the Government of Palau provides background information on the State (http://www.palaugov.net/index.html) and the Pacific Legal Information Institute provides access to a selection of consolidated Acts (http://www.paclii.org/pw/legis/consol_act/) and the Constitution (http://www.paclii.org/pw/legis/consol_act/cotrop359/). The World Law Guide (http://www.lexadin.nl/wlg/legis/nofr/oeur/lxwepal.htm) provides access to a selection of national legislation. 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/catalog/2770.html) provides access to a selection of legal and governmental resources. Case Law CRC Jurisprudence Please contact CRIN if you are aware of any cases before national courts that reference the Convention on the Rights of the Child. Case Law Research The Pacific Legal Information Institute maintains a database of the judgments of the Supreme Court of Palau (http://www.paclii.org/pw/cases/PWSC/) and the website of the Supreme Court also provides limited case law information (http://www.palausupremecourt.net/). Compliance with the CRC In its Concluding Observations of 2001, the Committee on the Rights of the Child expressed concern that the Convention on the Rights of the Child could not be invoked before national courts and urged the State to take measures to enact legislation to give direct effect to the Convention. The Committee also noted that a study undertaken by the State had revealed a number of inconsistencies between Palau's statutory and customary law and the Convention and urged the State to address this deficit, including by considering the enactment of a comprehensive Children's Code. In depth analysis Among the most basic of the issues the Committee raised in its Concluding Observations of 2001 was in relation to the way children were defined in various settings within national law. Specifically, the Committee expressed concern at the low minimum age of criminal responsibility (10 years), the absence of a minimum age for employment, the lack of a minimum age of sexual consent for boys and the different minimum ages of marriage for girls (16 years) and boys (18 years). Violence, abuse and sexual exploitation also emerged from the Observations as areas of national law that fell short of the standards set by the Convention. In particular, the Committee noted the inadequate options open to authorities to address violence in the home, including the absence of legal provisions to remove a child from harmful situations within the home. The Committee also expressed concern about the inadequate legal protection of children, particularly boys, against commercial sexual exploitation, and called on the State to address this deficit in national legal protection. The Committee also urged the State to ensure corporal punishment is prohibited in all settings, including schools and in the home. In a number of further areas, the Committee noted a inconsistencies between national legislation and the Convention on the Rights of the Child. With regards to inter-country adoption, the Committee noted that adoptive parents were unable to pass on their nationality to non-Palauan children; that there was a lack of monitoring of adoption and so informal adoptions were widespread; and no foster care programme had been instituted. With regards to economic exploitation, the Committee expressed concern at the absence of a minimum legal age for employment and urged the Sate to introduce monitoring mechanisms and enforce labour laws. Current legal reform projects Please contact CRIN if you are aware of any current legal reform projects.