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Saint Kitts and Nevis - Twenty Third Session - 2015
Wednesday 11 November 2015 - 9:00 - 12:30
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National Report
Compilation of UN Information
Stakeholder Information
Accepted and Rejected Recomendation
National Report
III. Developments since previous Universal Periodic Review
A. Expansion of the Government’s commitment to human rights development
Social services
8. Even in a period of economic and financial slowdown the Government has remained steadfast in its commitment to the improvement of the quality of life of all citizens through the strengthening of the delivery of social programmes and projects which are focused towards family wellness, gender mainstreaming, full participation and involvement in national development, promotion of child rights and the enhancement of the quality of life. These initiatives continue to effectively address a number of challenges facing the most vulnerable in our society using preventative, intervention and rehabilitative measures.
12. It addresses the following constituents: strengthened social assistance; improved quality of education and training; affordable and accessible health care for all; and strengthened labour markets to ensure productivity and competitiveness; improved access to employment; and increased capacity of social development agencies.
17. Twenty-one (21) families participated in this pilot MEND Programme and were beneficiaries of a financial bursary and corresponding services to strengthen family togetherness. Extended services will also facilitate decision-making about finances, and identification and acquisition of skills relevant for the labour market.
18. In addition, families will receive financial and psychological support over a two- year period. The Programme is built on the following seven elements:
- Identification – Each family will acquire at least 3 basic forms of identification for its family members.
- Health and Wellness – Families will be required to take annual check ups, ensure that children are immunized and attend health informational sessions.
- Education – Families will be responsible for ensuring that children attend school regularly and attend school parent teacher conference meetings.
- Family Dynamics – Families will be required to set aside family time and participate in developmental workshops, for example, in areas such as health, budgeting, and parenting. It is expected that these activities will contribute to the positive emotional and social development of adults and children within families thereby building resilience and nurturing supportive relationships.
- Housing – The living conditions of homes will be assessed and a plan for improvement will be put in place.
- Employment – Adult family members will be encouraged to identify skills for the labour market and training programmes will be tailored to facilitate entrance to the labour market.
- Income – Budgeting will be a core activity for families. Families will learn to manage the financial benefit they receive under this Programme.
Juvenile care
Co-ed juvenile facility
22. The construction of the New Horizons Co-ed Rehabilitation Centre which was completed in September 2012 is part of a comprehensive strategy to provide rehabilitative care to youths who have committed criminal offences and to assimilate them back into society.
23. The establishment of this juvenile rehabilitation facility ensures the separation of juveniles from adults in prisons in line with the process to improve the prison’s overcrowding.
24. The Centre offers quality care and child development services to male and female residents. Such services include inter alia, counselling, legal services, academic, technical and vocational training and career development. Training courses in anger management and decision-making, for example, have also become vital components of the programmes to assist residents in developing good social skills and becoming productive citizens.
25. In the first quarter of 2012, staff of the Centre intensive training which prepared them well for the task of rehabilitation.
26. By the end of 2013, 51 teachers had completed training in the application of participatory methodologies to identify behavioral changes in children in school. Initiatives such as the training of Social Workers and Juvenile Court Officers as well as the development of a toolkit for early detection of behavioral changes and learning difficulties to be utilized by schools are ongoing.
Children
Review of the National Foster Care Programme
27. As part of the Child Development Project of prior years, a review exercise of the National Foster Care Programme began with training for judiciary staff, probation officers and other relevant personnel, in an effort to enhance the life changes of children in the Federation, Staff in the Ministry of Community Development, particularly those responsible for Child Protection Services underwent intense training to equip officers with the necessary tools for excellent service delivery.
National Child Protocol
28. The Ministry of Social and Community Development, Culture and Gender Affairs completed the formulation of the National Child Protocol and Action Plan during 2012. This instrument serves in the prevention, reporting and management of child abuse, while the Action Plan will aid the development of a training and stakeholder outreach programme for the Protocol’s implementation. This document offers guidance to child protection service providers in identifying child abuse, recognizing their responsibilities and ensuring the protection of children.
Re-establishment of the Probation and Child Welfare Board
29. In order to strengthen efforts to safeguard the rights and welfare of our young people, the Government supported the re-establishment of the Probation and Child Welfare Board in March 2012. Its membership comprises of educators, social workers, early childhood specialists, medical professionals, the security forces, the legal fraternity and the clergy.
Education
30. In 2013 an Assessment of the Barriers to access Early Childhood Education Services was undertaken with support from UNICEF. The assessment has been used to define strategies to ensure that the poorest and most vulnerable children are covered.
31. The White Paper on Education and Policy, completed in 2009 provides a blueprint for the development of the Education Sector over the period 2009–2019. In February, 2011, A White Paper Implementation and Monitoring Committee was established to compose a schedule for the implementation of the Paper’s diverse plans and programmes.
Technical and Vocational Education (TVET)
32. The TVET Council was empowered and the National Skills Training programme was strengthened to provide high quality technical vocational training for students and youth outside of the school inclined to such training.
33. Under the guidance of the TVET Council, a comprehensive National Technical and Vocational Education and Training (TVET) Implementation Plan was developed to ensure improvements in the delivery of skills education and training in the Federation. The TVET Policy, sub-titled: “TVET For All: A Vehicle for Human and Sustainable Development and Lifelong Learning” is to be reviewed in 2018. However, the TVET Council can consider a mid-term review during 2016 which would enable adjustments as necessary to attain the prescribed goals.
34. The TVET Policy is designed to achieve the following objectives:
(a) provide a collective vision and strategic direction for TVET;
(b) provide a framework for the continued development and strengthening of
TVET as a vehicle for sustainable development;
(c) provide a shared understanding of TVET as an orienting principle in education at all levels; provide a rationale for resource allocation, programmes for labour market requirements and standards for assessment and certification;
(d) guide the partnerships and networking necessary for TVET to contribute to the development and implementation of an agenda for sustainable development;
(e) provide guidance for the development/upgrading of skills of learners and workers in places of education and work and for their careers;
(f) guide the management and operations of a comprehensive TVET system;
(g) guide the achievement of synergies among providers, institutions, programmes and stakeholders; improve connections between this and other Policy areas for sustainable development.
The St Kitts-Nevis National Education Foundation
35. The St Kitts-Nevis National Education Foundation, established in 2015 has as its mission “through the unique strength of its partnership with educators, advances student achievement by investing in public education that will prepare the nation’s children to learn and thrive in a rapidly changing environment”. From monetary contributions from members of the public, disadvantaged students can access a variety of scholarship programmes, grants and awards.
Child Friendly Schools
36. In 2012, four primary schools in Nevis had the opportunity to pilot the Child Friendly Schools initiative developed by UNICEF. This programme aimed at improving school standards and enhancing the quality of education for students, through the promotion of three main principles- child centeredness, democratic participation, and inclusiveness, has now been piloted in 14 public primary schools in St. Kitts and Nevis.
37. This model allows all stakeholders in education including parents and children to have a voice in the form and content of the subject being taught as well as in the decision- making processes.
38. The CFS initiative encourages the use of positive behavior management, ensuring systems that protect children are in place and operational, reintroducing a skills-based health and family life curriculum, ‘un-cultivating’ inclusive and learning-ready classrooms, promoting student governance, encouraging parental as well as community involvement in the schools.
Single sex classrooms
39. St. Kitts and Nevis introduced single-sex education on an experimental basis for students from Grades Three to Six in three of the largest primary schools in September 2011. This decision was taken subsequent to an emerging trend which statistical data recognizes as a gender imbalance at the University of the West Indies (UWI), which has been traced to the primary schools. Based on the Ministry’s review and supported by empirical evidence, it was suggested that young boys in Grades Three to Six perform better, academically, in all-male learning environments.
40. In October 2013, the Ministry of Education hosted a series of workshops geared towards the empowerment of male students. These sessions focused on strategies to increase student engagement in school and class, academic achievement of students, the fostering of self-esteem and the development of pro-social behaviour among students.
A Ganar Alliance Programme
41. The United States Agency for International Development (USAID) signed a grant with the Partners of the Americas (POA) to implement the A Ganar Alliance programme. With the expertise and financial resources of others, and the engagement of the private sector youth gain access to opportunities. The programme trains NGOs in the A Ganar curriculum in order to help them achieve their respective missions.
42. The introduction of the A Ganar methodology in the St. Kitts and Nevis school system in 2012 is the first of its kind at this level in the region. Between January to September 2012, a total of 120 youth were trained, with the first batch graduating on September 29, 2012. They comprised youth in 4th Form (14-16 yrs old) from five secondary schools: Basseterre High School, Washington Archibald High School, Verchild’s High School, Cayon High School, and Charles E Mills Secondary School. Over its three year life span, approximately 300 students benefited.
43. The programme offers the following benefits:
(a) provides sports-based economic empowerment and life skills training to youth in St. Kitts and Nevis;
(b) improves the capacity of partner institutions to implement a focused sport-for development model replicable and easily expanded to address areas of greatest need including youth employment, crime prevention, leadership development, educational supplement, and the promotion of healthy life-skills and life choices;
(c) strengthens an alumni support network and support safe spaces for youth;
(d) develops a network of organizations capable and committed to utilizing sport for youth development.
Information and Communications Technology (ICT)
45. Through the Department of Information Technology and Telecommunication, the Government embarked in 2013 on a three phase plan to deploy a comprehensive Government Wide Area Network (GWAN) which will include a Government Communications Network, an Education Network, and a Police Communications Network.
46. The Education Network, facilitated through the Eastern Caribbean Telecommunications Authority (ECTEL) with financing from the World Bank, provides the necessary infrastructure to connect all public schools to a managed education network via 24 broadband Internet. Every classroom will have wireless communication with connectivity provided to administrative staff, as well as some outdoor common areas. The network will also host the recently completed Education Management Information System (EMIS) and support interschool web conferencing, team teaching solutions and other internet supported applications.
Youth
47. In December 2012, to stimulate growth and to create jobs for the youth, the Government launched The Skills Training and Entrepreneurial Programme (STEP). This project was designed to deliver agriculture and entrepreneurial skills to unemployed young people to assist them in acquiring skills that would be in demand in the new economy.
48. Coordinated jointly by the Ministry of Social and Community Development, the Ministry of Education and Information, and the STEP Foundation which is comprised of a number of leaders in the public and private sectors, this initiative benefited approximately thirty-six (36) young men with training in hydroponic agriculture. Consequently, one such venture supplied produce such as tomatoes, lettuce and sweet peppers to some of the country’s largests supermarkets shelves and 33 local.
49. Through funding from the Sugar Investment Diversification Fund (SIDF), the People Empowerment Programme (PEP) was developed to provide unemployed citizens, particularly young people, an opportunity to learn a skill to access short term employment opportunities in preparation for long-term jobs.
50. PEP operated under six (6) sub-projects; the Engaging Qualified Interns Project (EQUIP), the National Infrastructure Improvement Project (NIIP), the Agro-Enterprise Training and Management (ATM), the Women in Construction Trades (WICT), the Skills Training and the Entrepreneurial Development (STED) and the Women In Small Enterprise (WISE) initiatives.
51. As a result of the programme, some individuals have been able to find permanent job placements.
55. During the month of October each year, the Ministry celebrates with the elderly, and organizes a variety of activities to engage older persons, including visits to schools, the annual Month of Elderly March and the Senior Citizens’ Dinner and Ball. The month is also used to appeal to family members and other community members to take care of the elderly.
Domestic violence
73. St Kitts and Nevis has a legal obligation to protect women and girls from domestic violence and sexual violence including sexual harassment. The State is required to establish the necessary legal and administrative mechanisms to adequately protect women and girls from forms of violence and to provide them with access to just and effective remedies. The State sustains efforts such as continuous training of law enforcement personnel and judicial officers, sensitizing the media and educating the public about domestic violence.
74. A Special Victims Unit was created within the Royal Saint Christopher and Nevis Police Force (RSCNPF) on 1 April, 2012, to deal with issues including domestic violence and child abuse, among others. On the island of Nevis, there are four police officers from the Special Victims Unit, which is linked to the Department of Social Services. According to reports, with the establishment of the Special Victims Unit, in the case of rape, reporting to authorities has "increased significantly".
80. In 2013–2014, officers were placed at certain schools to curb gang recruitment and to deter incidences of school violence.
B. Legislative measures Child Justice Act 2013
86. The Child Justice Act 2013 replaced the Juvenile Act. The Child Justice Act has raised the legal age for criminal responsibility from eight to twelve. An excerpt is shared below:
Criminal responsibility
(a) It shall be presumed that a child under the age of twelve years is not capable of or guilty of committing a criminal offence.
(b) Pursuant to subsection 4 (3), a person who is at least ten years old and under the age of twelve years shall not be criminally responsible for an act or omission unless it is proved that at the time of doing the act or making the omission, he or she had the capacity to know that he or she ought not to do the act or make the omission.
87. The Child Justice Act 2013 also ensured the separation of juveniles in conflict with the law from adult inmates.
88. Through the Child Justice Act 2013, the criminal system was modernized and updated to increase penalties for cases of sexual abuse of minors.
89. Said Act also amended its predecessor the Juvenile Act to reach the international standards by changing the definition of juveniles to ensure that all persons under 18 years old are protected.
Children (Care & Adoption) Act 2013
90. The Government through the Care and Adoption Act 2013 adopted new child protection legislation to comply with international standards.
91. Having reviewed its legislation with respect to the Convention on the Rights of the Child (CRC), said Act, together with the following enabled the Government to bring its body of domestic law relating to children in line with the Convention’s principles and provisions:
• Repeal of Juvenile Act; now has Child Justice Act 2013; • Children (Care & Adoption Act) – new 2013;
• Maintenance of Children Act – revised 2012;
• Guardianship Custody & Access to Children Act 2012; • Status of Children Act – revised 2013;
• Amendment to the Probation & Child Welfare Act 2013; • Domestic Violence 2014.
Domestic Violence Act 2014
92. The Domestic Violence Act 2014 enabled the Government through the Department of Gender Affairs to heighten awareness relating to teenage pregnancy, sexual education and violence against women and children.
93. This legislation against child abuse, domestic violence classifies sexual violence, rape and incest as serious offences and establish appropriate penalties for the perpetrators, including relatives of the victim.
94. The Domestic Violence Act 2014 further enabled the Government to adopt policies and legislation to combat discrimination and violence against women and children, particularly domestic and sexual violence.
The Offences Against the Person (Amendment) Act, 2012
101. Under the abovenamed Act, rape is recognized as a criminal act, liable to penalties under the law. The maximum penalty for rape is life imprisonment.
102. Apart from the criminal law legislation addressing the issue of abuse against children (including abuse of a sexual nature) new Child Protection legislation was passed to provide an additional layer of protection that was not previously available to children who were being physically and sexually abused.
103. This new Act, was patterned on the model legislation drafted under the OECS Family Law Reform Project. It establishes a comprehensive scheme for all the critical stages of a child protection case, including legal provisions to address reporting and investigation of cases; devising plans of care; seeking legal redress by way of a range of possible orders and providing a selection of helpful interventions. This new law is a civil remedy that focuses on the protection of child victims, as opposed to the criminal law which focuses on the perpetrator’s unlawful conduct.
C. Promotion of human rights
Youth for Human Rights Awareness Project
104. In November 2014, with financial and other support from UNESCO, the youth in the Federation launched a Youth for Human Rights Awareness Project in St Kitts and Nevis. The project seeks to create awareness among the youths concerning the importance of their rights as humans through a series of public relations activities as well as workshops, lectures and seminars. The sensitization will support the youths in their development to become more cognizant of their Human rights.
105. One of the main outcomes of the local Youth for Human Rights Awareness Project is to establish a Federal Youth Human Rights Club. Further, the project seeks to promote justice for those whose rights have been violated by advocating for them at court and through conflict mediation.
Youth for Human Rights International (YHRI) Project
106. St. Kitts and Nevis educators participated in a program March 4–5, 2015 that launched a joint UNESCO and Youth for Human Rights International (YHRI) project to implement human rights education throughout St. Kitts and Nevis.
107. The workshops trained teachers from both islands to present the Youth for Human Rights curriculum to their students. They participated in the lessons, viewed video presentations on the articles of the UN Universal Declaration of Human Rights and completed practical assignments covered in the Youth for Human Rights educational program.
Compilation of UN Information
1. Background and framework
A. Scope of international obligations
International human rights treaties
5. The United Nations Educational, Scientific and Cultural Organization (UNESCO) stated that Saint Kitts and Nevis should be strongly encouraged to ratify the Convention against Discrimination in Education and to submit State reports for the periodic consultations of the education-related standard-setting instruments of UNESCO.
6. UNESCO encouraged Saint Kitts and Nevis to ratify the Convention for the Safeguarding of the Intangible Cultural Heritage and the Convention on the Protection and Promotion of the Diversity of Cultural Expressions and, in so doing, to facilitate the participation of civil society and vulnerable groups and to ensure that equal opportunities are given to women and girls to address gender disparities.
II. Cooperation with human rights mechanisms
A. Cooperation with treaty bodies Reporting status
The subregional team stated that Saint Kitts and Nevis was overdue in submitting its reports to the Committee on the Rights of the Child, the Committee on the Elimination of Discrimination against Women and the Committee on the Elimination of Racial Discrimination.
B. Cooperation with the Office of the United Nations High Commissioner for Human Rights
10. The subregional team recommended that the State continue to work with the United Nations Children's Fund (UNICEF) and the United Nations Entity for Gender Equality and the Empowerment of Women (UN–Women) in the preparation of treaty body reports for the Committee on the Rights of the Child and the Committee on the Elimination of Discrimination against Women, and seek technical assistance from the Office of the United Nations High Commissioner for Human Rights to improve its efforts to meet its international human rights obligations.
B. Right to life, liberty and security of person
17. The subregional team reported that, in 2014, the Government had supported the United Nations Development Programme project entitled “SocialInnov4Change”, an anti- crime initiative for young people and targeting youth crime.
22. The subregional team stated that Saint Kitts and Nevis had reinstated the Probation and Child Welfare Board, a critical change necessary for the Government to deal with the issue of child abuse. It asserted that, since the 2011 universal periodic review, the Government had made efforts to strengthen child protection systems with the implementation of a child protection protocol and the establishment of a special victims unit within the Royal Saint Christopher and Nevis Police Force, to deal with issues primarily related to domestic violence and child abuse.
23. The subregional team mentioned that, although Saint Kitts and Nevis had rejected all recommendations relating to corporal punishment,40 an education initiative called the “Project purple” had been implemented to develop child-friendly education atmospheres and developing alternative forms of discipline.41 It added that, since the 2011 universal periodic review, the Government had conducted programmes to raise public awareness of children’s rights and of abuse and violence against children. The Government had also introduced awareness-raising initiatives, such as modifying the primary school curriculum, to educate young students on abuse.
24. The subregional team stated that, in 2011, the Government had sponsored a national public awareness programme entitled “Alternative discipline: it’s beyond corporal punishment” but that, despite this, corporal punishment was still legal in the home, in schools and in criminal sentencing. UNESCO underscored that no sufficient measures had been taken to ban corporal punishment. It stated that Saint Kitts and Nevis could be encouraged to take additional measures to raise awareness of the negative aspect of corporal punishment.
C. Administration of justice, including impunity, and the rule of law
26. The subregional team stated that the Child Justice Act, the Children Act and the Status of Children Act had been adopted in legislation, and that such adoption had resulted from the participation of Saint Kitts and Nevis in the OECS Family Law and Domestic Violence Legal and Judicial Reform Project.48 It also underscored that, since the 2011 universal periodic review, the Evidence Act No. 30 of 2011 had been adopted, which allowed for special measures to be taken to ensure that the identity of witnesses in criminal proceedings was protected, and allowed children to testify against attackers through remote technology.49 The subregional team reported that, in 2014, Saint Kitts and Nevis had opened the New Horizon Juvenile Detention/Rehabilitation Centre, which housed and was intended to rehabilitate juvenile offenders.
E. Right to work and to just and favourable conditions of work
32. The International Labour Organization (ILO) Committee of Experts on the Application of Conventions and Recommendations requested the Government to take the measures necessary to ensure that the draft labour code would be adopted in the near future. The ILO Committee of Experts also requested the Government to take the measures necessary to ensure that, under the draft labour code, the minimum age for light work would be set at 13 years and that children between the ages of 13 and 16 years would be engaged only in light work activities.
33. The ILO Committee of Experts expressed the firm hope that the draft labour code would contain provisions requiring employers to keep a register indicating the names, ages and dates of birth of persons employed by them or working for them and who are less than 18 years of age. The Committee also expressed the firm hope that the National Advisory Committee for the Elimination of Hazardous Child Labour would be established promptly and that it would ensure, without delay, the adoption of a list of types of hazardous work prohibited to children under the age of 18 years. The Committee requested the Government to take, in the near future, the measures necessary to ensure the revision of appropriate fines prescribed for the violation of child labour provisions.
F. Right to social security and to an adequate standard of living
35. The subregional team asserted that Saint Kitts and Nevis had adopted the Social Protection Strategy for 2013-2017, which prioritized a number of vulnerable groups for social protection interventions, including teenage mothers, infants and young children, particularly those that were income poor, and at-risk or unattached adolescents and young people. The Strategy was intended to strengthen the country’s social protection framework, guide the integration of a number of fragmented social programmes and reduce inefficiency and ineffectiveness in the social protection system.
38. However, the subregional team stated that gender mainstreaming was not reflected in either the working principles or the objectives of the national poverty reduction strategy.69 It encouraged Saint Kitts and Nevis to adopt a child- and gender-responsive approach in the targeting and delivery of social safety net programmes. It recommended that the State consider undertaking a beneficiary analysis of its social safety net programmes, including the “Mould, empower, nurture and direct” programme, from a gender equality and child’s rights perspective, in order to ensure that service was targeted and delivered to the most vulnerable. It also recommended that the State enhance the capacity for gender analysis within government ministries, departments and agencies that coordinate policy development.
39. The subregional team noted that Saint Kitts and Nevis was currently subject to a standby agreement with the International Monetary Fund that left very little space for measures to address the harsh conditions facing the majority of the population, in particular women and children.
G. Right to health
40. PAHO considered that the country had had much success in addressing the health- related Millennium Development Goals, that life expectancy was high, infant mortality was low and that maternal mortality was virtually non-existent.74 It considered that the country had a high standard of health thanks to the provision of enabling conditions for its people to flourish to their full potential. It also considered that the main health challenges were mobilizing resources and changing human behaviour, as lifestyle choices accounted for over 90 per cent of the mortality and disease burden.
42. The subregional team stated that the rate of teenage pregnancy in Saint Kitts and Nevis was relatively high and posed health and education risks to teenage mothers, and that adolescent pregnancy had been identified as one issue related to sexual and reproductive health and reproductive rights that was expected to be given further public policy priority. It also stated that Saint Kitts and Nevis was among the members of the Caribbean Community (CARICOM) to agree on a CARICOM strategy and action plan to reduce adolescent pregnancy in the region, a new framework that was expected to guide Caribbean Governments in the development of long-term plans to address adolescent pregnancy.
43. The subregional team reported that Saint Kitts and Nevis had recently passed the Maintenance of Children Act (2012), which was intended to implement the provisions of CRC and CEDAW regarding the maintenance of children. It promoted children’s welfare and best interests and facilitated their development by helping to ensure that appropriate arrangements were in place for their maintenance and care.
H. Right to education
47. UNESCO stated that Saint Kitts and Nevis had adopted various policies, plans and programmes to further improve education quality and accessibility, such as the White Paper on Education Development and Policy 2009-2019. However, it added that there was still room for improvements in the quality of education. Furthermore, it noted that no sufficient measures had been taken to provide human rights training and awareness-raising on health training. It also stated that Saint Kitts and Nevis could be encouraged to take additional measures to promote comprehensive education, to further promote inclusive education in all its aspects and to further awareness-raising on health training.
48. On the implementation of the Recommendation on the Status of Scientific Researchers, UNESCO had invited Saint Kitts and Nevis to pay particular attention to the legal provisions and regulatory frameworks that ensure that scientific researchers have the responsibility and the right to work in the spirit of the principles enshrined in the Recommendation, such as autonomy and freedom of research, as well as freedom of expression relating to the human, social or ecological value of certain projects.
I. Cultural rights
49. UNESCO encouraged Saint Kitts and Nevis to fully implement the relevant provisions of the Convention concerning the Protection of the World Cultural and Natural Heritage that promote access to and participation in cultural heritage and creative expressions and, in doing so, to ensure that equal opportunities are given to women and girls to address gender disparities.
Stakeholder Information
A. Background and framework
1. Scope of international obligations
1. Amnesty International (AI) stated that during its first Universal Periodic Review (UPR) in January 2011, Saint Kitts and Nevis had accepted recommendations to consider the ratification of the Optional Protocol to the Convention on the Rights of the Child, on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography, and to review national legislation to ensure compliance with the principles and provisions of the Convention. AI highlighted that despite this commitment, at the time of writing, Saint Kitts and Nevis had not yet ratified these Optional Protocols. United and Strong Inc-CariFLAGS-ILGA-ARC (JS2) reported that the State had not yet taken any action to implement them and recommended that Saint Kitts and Nevis ratify as soon as possible OP-CRC-AC and OP-CRC-SC.
2. Constitutional and legislative framework
8. JS2 recommended that Saint Kitts and Nevis implement domestic legislation in line with all of the international instruments to which Saint Kitts and Nevis is party, in order for citizens to have direct access to the protection under these instruments. JS2 also recommended that Saint Kitts and Nevis enact domestic legislation to incorporate fully all the principles of the Convention on the Rights of the Child.
C. Implementation of international human rights obligations, taking into account applicable international humanitarian law
1. Equality and non-discrimination
13. JS2 recommended that Saint Kitts and Nevis implement a policy moratorium on prosecutions of consensual same sex relations. It further recommended that Saint Kitts and Nevis decriminalize consensual same-sex relations in all provisions of the country’s legislation especially Sections 56 and 57 of the Offences against the Person Act, and bring its legislation into conformity with its commitment to equality and non-discrimination. JS2 also recommended that Saint Kitts and Nevis raise public awareness regarding non- discrimination of LGBT persons and include sexual orientation as part of the curriculum in Health and Family Life Education for schools.
2. Right to life, liberty and security of the person
29. Global Initiative to End All Corporal Punishment of Children (GIEACPC) stated that in its first UPR the issue of corporal punishment of children was raised in the compilation of UN information and the summary of stakeholders’ submissions. It highlighted that during the review, the Government stated that discipline was important in society and that corporal punishment was regulated under the Education Act to ensure it did not cross the line into abuse. GIEACPC stated that the following recommendations were not accepted by Saint Kitts and Nevis in its first UPR: “76.42. Continue adopting measures to put an end to corporal punishment”;; “76.43. Outlaw corporal punishment in the context of juvenile justice, school education and at home”.
30. GIEACPC highlighted that in Saint Kitts and Nevis, corporal punishment of children was lawful in the home, alternative care settings, day care, schools and penal institutions.
31. Regarding treatment at home, GIEACPC stated that in Saint Kitts and Nevis parents had the right to inflict “reasonable chastisement” on their children. It also stated that provisions against violence and abuse under the Probation and Child Welfare Board Act 1994, the Offences Against the Person Act 1861, the Child Justice Act 2013 and the Children (Care and Adoption) Act 2013 were not interpreted in the country as prohibiting corporal punishment in childrearing. In addition GIEACPC asserted that the Children (Care and Adoption) Act 2013 protected children from abuse and from harm from exposure to domestic violence (art. 12) but it did not prohibit all corporal punishment in childrearing.
32. Regarding treatment in schools, GIEACPC affirmed that corporal punishment was lawful in Saint Kitts and Nevis under the Education Act (2005), the Corporal Punishment Act (1967) and the common law disciplinary power of teachers. GIEACPC underscored that Article 50 of the Education Act allowed for the Minister to “suspend or abolish corporal punishment in public schools and assisted private schools” but that this had not occurred. JS2 recommended that Saint Kitts and Nevis prohibit all forms of corporal punishment and especially invoke Section 50 of the Education Act to abolish corporal punishment in schools and that it immediately enforce Section 49 subsection 4 of the Education Act so that unauthorized teachers who unlawfully administer corporal punishment are prosecuted on every occasion.
33. On judicial corporal punishment for children, GIEACPC explained that the Child Justice Act (2013) did not explicitly prohibit corporal punishment and that it did not repeal all other laws which provide for judicial corporal punishment in Saint Kitts and Nevis.61 GIEACPC affirmed that recent law reform appeared to ensure that corporal punishment could no longer lawfully be imposed on juveniles as a sentence for crime, but that this punishment remained on the statute book and further reform to formally repeal these provisions was required.62 GIEACPC considered that further reform was necessary to completely remove judicial whipping of juveniles from the statute books.
34. Regarding penal institutions, GIEACPC stated there was no prohibition of corporal punishment.
35. JS2 commended Saint Kitts and Nevis for informative consultations leading to the drafting, formalizing and implementation of the Children and Marginalized Youth policies including The Guardianship Act (2012), Maintenance of Children Act (2012) and The Child Justice Bill (2013) in keeping with recommendation 76.48 which expanded the areas of protection of the rights of children in Saint Kitts and Nevis.65 However, JS2 stated that unfortunately these laws did not address the eradication of corporal punishment of children within schools, home and penal or alternative care institutions.
Accepted and Rejected Recommendation
The recommendations formulated during the interactive dialogue/listed below enjoy the support of Saint Kitts and Nevis:
91.1 Ratify the Optional Protocol to the Convention on the Rights of the Child on children in armed conflict and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (Estonia);
91.2 Follow through with a recommendation accepted by Saint Kitts and Nevis during its previous universal periodic review to ratify the Optional Protocol to the Convention on the Rights of the Child on children in armed conflict and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (Germany);
91.3 Consider ratifying the Optional Protocols to the Convention on the Rights of the Child (Ghana);
91.4 Ratify treaties and other international human rights instruments to which Saint Kitts and Nevis is not party yet, particularly the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (Morocco);
91.5 Ratify the Optional Protocol to the Convention on the Rights of the Child on children in armed conflict and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, at the earliest possible time (Netherlands);
91.6 Ratify without delay the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (Switzerland);
91.7 Ratify the Optional Protocol to the Convention on the Rights of the Child on the participation of children in armed conflict and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (Uruguay);
91.8 Ratify the Optional Protocol to the Convention on the Rights of Child on the involvement of children in armed conflict (Algeria);
91.11 Ensure full incorporation of the provisions of the Convention on the Rights of the Child into its national legal framework (Portugal);
91.18 Prepare and submit, with the assistance of OHCHR, if required, all overdue reports to the Committee on the Elimination of Discrimination against Women, the Committee on the Rights of the Child and Committee on the Elimination of Racial Discrimination (Sierra Leone);
91.29 Strengthen measures to combat family and domestic violence, particularly on access to justice and the necessary support to victims (Colombia);
91.32 That the Department of Gender Affairs ensure that its programmes to combat domestic and sexual violence include measures that target violence perpetrated against men and boys (Jamaica);
91.33 Continue the efforts to eradicate domestic violence and provide protection guarantees for women and children (Mexico);
91.34 Strengthen provisions related to the protection of women in the domestic life, particularly pursuing awareness raising campaigns on sexual violence and violence within the family, and allow the victims to be cared in an optimum manner (Morocco);
91.32 That the Department of Gender Affairs ensure that its programmes to combat domestic and sexual violence include measures that target violence perpetrated against men and boys (Jamaica);
91.33 Continue the efforts to eradicate domestic violence and provide protection guarantees for women and children (Mexico);
91.34 Strengthen provisions related to the protection of women in the domestic life, particularly pursuing awareness raising campaigns on sexual violence and violence within the family, and allow the victims to be cared in an optimum manner (Morocco);
91.43 Continue with initiatives envisaged to the implementation of plans and social development programmes, including those intended for early childhood care in the fields of health and education as tools to overcome poverty and extreme poverty (Ecuador);
91.44 Continue strengthening its successful policies developed to increase access to education and health, particularly for women and children as well as consolidating housing for families in need (Bolivarian Republic of Venezuela);
91.51 Take supplementary actions to advance comprehensive education, to further promote inclusive education in all its aspects (Maldives);
The recommendations below did not enjoy the support of Saint Kitts and Nevis and would thus be noted:
92.8 Accede and ratify the main human rights instruments, including the International Covenant on Civil and Political Rights and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (Paraguay);
92.69 Take legal and practical steps to protect women and children from domestic violence, for example by prohibiting corporal punishment of children and marital rape (Germany);
92.71 Explicitly prohibit corporal punishment of children in all settings, including the home (Estonia);
92.72 Take active measures to abolish corporal punishment of children in all settings (Namibia);
92.73 Raise the minimum age of criminal responsibility to 18, as provided by the Convention on the Rights of the Child (Sierra Leone).