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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.
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- Domestic violence and sexual abuse
- Corporal punishment
- Low minimum age of criminal responsibility
- Detention of children with adults
- Inadequate and inappropriate juvenile justice system
- Need for education reforms
- Inadequate sexual education and high rate of teenage pregnancy
- Inadequate enforcement of child support and child maintenance
- Teenage pregnancy
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Domestic violence and sexual abuse
UN Committee on the Rights of the Child (Concluding Observations, August 1999)
The lack of awareness and information on domestic violence, ill-treatment and abuse of children, including sexual abuse, and the lack of appropriate financial and human resources remain matters of grave concern. The Committee is also concerned at the lack of a standardised approach to the reporting and management of child abuse, neglect and abandonment as well as the delineation of roles between the police, the Community Affairs Department, and health and education agencies. The Committee notes with concern the increasing number of children institutionalised as a result of abuse and neglect.
In light of article 19, the Committee recommends that the State party undertake studies on domestic violence, ill-treatment and sexual abuse in order to adopt adequate policy measures and contribute to changing traditional attitudes. It also recommends that cases of domestic violence, ill-treatment and sexual abuse of children be properly investigated within a child-friendly judicial procedure and sanctions applied to perpetrators, with due regard given to protecting the right to privacy of the child. Measures should also be taken to ensure the physical and psychological recovery and social reintegration of victims in accordance with article 39 of the Convention, and the prevention of criminalisation and stigmatisation of victims. The Committee recommends that the State party seek technical assistance from, inter alia, UNICEF. (Paragraph 25)
UN Committee on the Elimination of Discrimination against Women
Last reported: 3-21 June 2002
Although it welcomes the legislation that has been adopted, in particular, the Law Reform Act and the 2000 Domestic Violence Act, and the programmes to prevent violence against women which are being implemented, the Committee expresses concern about the persistent high level of violence, particularly domestic violence, in the State party. The Committee is concerned about the high incidence of sexual abuse of girls particularly by older men. It is also concerned about the unwillingness of women to initiate complaints of domestic violence against husbands and to testify against them because of the unwritten code of family loyalty, which regards such violence as a private matter.
The Committee urges the State party to enhance its efforts to combat violence against women and girls, in accordance with general recommendation No. 19. It also encourages the State party come up with creative solutions for shelters for victims of violence, adopt a zero tolerance approach to the sexual abuse of girls, and establish telephone help lines, rehabilitation programmes for offenders, and educational programmes targeted at men and boys on the prevention of violence and the reform of traditional negative attitudes towards women. The Committee also urges the State party to prosecute the perpetrators of abuse against girls. The Committee further urges the State party to pursue prosecution of offenders in cases of domestic violence even in the absence of testimony of the victim in the Court. (Paragraphs 105 and 106)
Universal Periodic Review (January 2011)
A - 75.12. Adopt necessary measures to combat and eliminate all forms of discrimination and violence against women and girls, and, in this regard, review the work of the Department of Gender Affairs and proceed with relevant reforms (Ecuador) (accepted)
A - 75.23. Step up its efforts to eradicate domestic violence and sexual abuse within the framework of comprehensive policies to combat gender violence and to protect children's rights (Spain) (accepted)
A - 75.26. Further adopt policies and legislation to combat discrimination and violence against women and children, particularly domestic and sexual violence (Brazil) (accepted)
A - 75.27. With support from the international community, draft legislative bills on domestic violence, and on child abuse (Maldives) (accepted)
A - 75.35. Modernise and update the criminal system in particular to increase penalties for cases of sexual abuse of minors, as the numbers of such cases are alarming. (Ecuador) (accepted)
P - 76.41. Adequately sanction with severe penalties crimes of rape and sexual abuse; establish specialised courts in this area; set up support and counselling services for victims; and design a national awareness-raising programme to facilitate access to justice to women and children (Spain) (pending)
Universal Periodic Review (November/December 2015)
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); (accepted)
91.33 Continue the efforts to eradicate domestic violence and provide protection guarantees for women and children (Mexico); (accepted)
91.37 Continue to work within the broader membership of the Caribbean Community (CARICOM) to establish the creation of regional strategies to combat domestic and sexual violence against women and children (Saint Lucia); (accepted)
91.38 Strengthen efforts to raise awareness about violence against women and children (United States); (accepted)
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UN Committee on the Rights of the Child (Concluding Observations, August 1999)
The Committee remains gravely concerned that corporal punishment is still widely practised within the State party and that domestic legislation does not prohibit its use. In this regard, the Committee recommends that the State party take all appropriate measures, including of a legislative nature, to prohibit corporal punishment within school, the family, the juvenile justice and alternative care systems and generally within the society. It further suggests that awareness-raising campaigns be conducted to ensure that alternative forms of discipline are administered in a manner consistent with the child's human dignity and in conformity with the Convention, especially article 28.2. (Paragraph 20)
Universal Periodic Review (January 2011)
P - 76.43. Outlaw corporal punishment in the context of juvenile justice, school education and at home (Germany) (pending)
Universal Periodic Review (November/December 2015)
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); (rejected)
92.70 Take the necessary measures to combat domestic violence, including the creation of shelters for victims (Paraguay); (rejected)
92.71 Explicitly prohibit corporal punishment of children in all settings, including the home (Estonia); (rejected)
92.72 Take active measures to abolish corporal punishment of children in all settings (Namibia); (rejected)
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Low minimum age of criminal responsibility
UN Committee on the Rights of the Child (Concluding Observations, August 1999)
The Committee expresses concern regarding the low legal age for criminal responsibility (8 years).
... The Committee recommends that the State party review its legislation, especially with respect to criminal responsibility, in order to bring it into full conformity with the provisions and principles of the Convention. (Paragraph 16)
Universal Periodic Review (January 2011)
P - 76.45. Revise the legal age for criminal responsibility (Trinidad and Tobago) (pending)
P - 76.46. Increase the legal age of criminal responsibility from 8 years (Hungary) (pending)
P - 76.47. Raise the minimum age of criminal responsibility to comply with international standards (Slovakia) (pending)
Universal Periodic Review (November/December 2015)
92.73 Raise the minimum age of criminal responsibility to 18, as provided by the Convention on the Rights of the Child (Sierra Leone); (rejected)
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Detention of children with adults
UN Committee on the Rights of the Child (Concluding Observations, August 1999)
While the Committee notes that the State party has in place domestic legislation relating to juvenile justice, it is still concerned about:
(c) The holding of minors in adult detention facilities, the lack of adequate facilities for children in conflict with the law, and the limited number of trained personnel to work with children in this regard. (Paragraph 31)
Universal Periodic Review (January 2011)
A - 75.33. Ensure the separation of juvenile convicts from adult inmates (Slovakia) *accepted)
A - 75.34. Establish juvenile rehabilitation facilities to ensure the separation of juveniles from adults in prisons in line with the process to improve prisons' overcrowding (Ecuador) (accepted)
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Inadequate and inappropriate juvenile justice system
UN Committee on the Rights of the Child (Concluding Observations, August 1999)
While the Committee notes that the State party has in place domestic legislation relating to juvenile justice, it is still concerned about:
(a) The general situation of the administration of juvenile justice and in particular its compatibility with the Convention, as well as other relevant United Nations standards;
(b) The length of time taken before the hearing of juvenile cases and the apparent lack of confidentiality accorded such cases;
(c) The holding of minors in adult detention facilities, the lack of adequate facilities for children in conflict with the law, and the limited number of trained personnel to work with children in this regard.
The Committee recommends that the State party:
(a) Take additional steps to reform the system of juvenile justice in the spirit of the Convention, in particular articles 37, 40 and 39, and of other United Nations standards in this field, such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty;
(b) Consider deprivation of liberty only as a measure of last resort and for the shortest possible period of time; protect the rights of children deprived of their liberty, including the right to privacy; and ensure that children remain in contact with their families while in the juvenile justice system;
(c) Introduce training programmes on relevant international standards for all those professionals involved with the system of juvenile justice;
(d) Consider seeking technical assistance from, inter alia, the Office of the High Commissioner for Human Rights, the Centre for International Crime Prevention, the International Network on Juvenile Justice and UNICEF, through the Coordination Panel on Technical Advice in Juvenile Justice.
Universal Periodic Review (January 2011)
P - 76.41. Adequately sanction with severe penalties crimes of rape and sexual abuse; establish specialised courts in this area; set up support and counselling services for victims; and design a national awareness-raising programme to facilitate access to justice to women and children (Spain) (pending)
P - 76.44. Bring the criminal justice system for juveniles into conformity with CRC, that the age of children in conflict with the law be raised, and promote social programmes for the education of these children (Mexico) (pending)
P - 76.48. Amend its Juvenile Act to reach the international standards and particularly change the definition of juveniles to ensure that all persons under 18 years old are provided with protection and guarantees (Turkey) (pending)
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UN Committee on the Rights of the Child (Concluding Observations, August 1999)
While recognising the efforts made by the State party in the area of education, the Committee remains concerned at the high drop-out rate for males in the upper grades of primary school, the poor reading ability of primary school males, the high incidence of truancy, lack of relevant learning material, insufficient numbers of trained and qualified teachers, and the tendency towards teaching methods that are almost exclusively exam oriented. The Committee is also concerned that the policy which allows teenage mothers to re-enter the educational system has not been equally implemented in both islands of the State party.
The Committee recommends that the State party review its educational programme with a view to improving its quality and relevance and ensuring that students receive an adequate mix of academic and life skills, including communication, decision-making and conflict-resolution skills. The Committee further recommends that the State party seek to implement additional measures to encourage children, especially boys, to stay in school, particularly during the period of compulsory education. In this regard, the Committee urges the State party to take all necessary measures to ensure the full implementation of its policy regarding the readmission of teenage mothers into the school system in all regions of its territory. The Committee encourages the State party to accelerate its implementation of the Caribbean Community Multi-agency Health and Family Life Education Project which facilitates the retraining of teachers as well as the development of appropriate curricula and public education campaigns. It is also recommended that the State party seek to strengthen its educational system through closer cooperation with UNICEF and UNESCO. (Paragraph 28)
Universal Periodic Review (January 2011)
A - 75.7. Continue to apply programmes and measures to improve the enjoyment of the right to education and the right to health (Cuba)
A - 75.8. Pursue the consolidation, in a decisive manner, of an educational system which is increasingly in line with the needs and specificities of its population, as the only way of making progress towards social development and welfare, towards which the international community should provide its assistance and cooperation (Bolivarian Republic of Venezuela)
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Inadequate sexual education and high rate of teenage pregnancy
UN Committee on the Rights of the Child (Concluding Observations, August 1999)
The Committee expresses its concern with respect to the limited availability of programmes and services and the lack of adequate data in the area of adolescent health, including on accidents, violence, abortion, HIV/AIDS and STDs. The Committee is particularly concerned at the high incidence of teenage pregnancy and the situation of teenage mothers, especially in relation to their low attendance at antenatal clinics as well as their generally poor breastfeeding practices. The Committee is concerned that most of the current cases of infant mortality are related to teenage mothers.
The Committee recommends that the State party increase its efforts in promoting adolescent health policies and counselling services as well as strengthening reproductive health education, including the promotion of male acceptance of the use of contraceptives. The Committee further suggests that a comprehensive and multidisciplinary study be undertaken to understand the scope of adolescent health problems, including the special situation of children infected with, affected by or vulnerable to HIV/AIDS and STDs. Additionally, it is recommended that the State party undertake further measures, including the allocation of adequate human and financial resources, to develop youth-friendly care, counselling, and rehabilitation facilities for adolescents. The Committee also encourages the State party to develop comprehensive policies and programmes to reduce the incidence of infant mortality and promote proper breastfeeding and weaning practices among teenage mothers. In this connection, it is also recommended that the State party consider technical assistance for the Integrated Management of Childhood Illnesses and other measures for child health improvement from, inter alia, UNICEF and WHO. (Paragraph 26)
UN Committee on the Elimination of Discrimination against Women
Last reported: 3-21 June 2002
The Committee expresses concern about the high rate of teenage pregnancy.
The Committee urges the State party to intensify awareness raising and sexual education aimed at responsible sexual behaviour in the schools and society at large in order to prevent pregnancies. In addition, the Committee recommends that men be involved in the design and implementation of all family planning strategies, policies and programmes. (Paragraphs 101 and 102)
Universal Periodic Review (January 2011)
A - 75.10. Intensify awareness-raising relating to teenage pregnancy and sexual education (Norway) (accepted)
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Inadequate enforcement of child support and maintenance
UN Committee on the Rights of the Child (Concluding Observations, August 1999)
The Committee notes the large number of single-parent families and the impact on children. The Committee also expresses concern at the apparent lack of legal protection with respect to the rights, including maintenance and inheritance rights, of children born out of wedlock from "visiting" or common law relationships. The Committee expresses further concern regarding the financial and psychological impact of "visiting relationships" on children. The lack of sufficient support and counselling in the areas of parental guidance and responsibilities are also matters of concern. The State party is encouraged to increase its efforts in developing family education and awareness through, inter alia, providing support, including training for parents, especially those in "visiting" and common law relationships, in parental guidance and joint parental responsibilities, in light of article 18 of the Convention. The Committee also recommends that the State party undertake a study on the impact (both financial and psychological) of "visiting relationships" on children. The Committee further recommends that the State party take all necessary measures, including those of a legal nature, to ensure that the rights of children born of "visiting" and common law relationships are protected. It is suggested that the State party seek technical assistance from, inter alia, UNICEF and WHO.
While noting the recent efforts of the State party to ensure that emigrating parents make arrangements for the maintenance of their children, the Committee remains concerned at the absence of bilateral agreements for reciprocal enforcement of maintenance orders. The Committee recommends that efforts be made to put in place the necessary measures to ensure the recovery of maintenance for children from parents who emigrate. (Paragraphs 21 and 22)
UN Committee on the Elimination of Discrimination against Women
Last reported: 3-21 June 2002
The Committee expresses concern about the lack of legal aid for women and the lengthy process which makes it difficult for women to take men to court in order to obtain child support. The Committee is also concerned that such a lengthy process allows men to serve a prison sentence instead of paying maintenance.
The Committee urges the State party to take adequate legislative measures to make it easier for women to obtain child support and access to legal aid. (Paragraphs 109 and 110)
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Universal Periodic Review (November/December 2015)
91.49 Continue efforts and take measures to prevent the incidence of teenage pregnancy (Colombia); (accepted)