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Saint Lucia - Twenty Third Session - 2015
Thursday 5 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. Government’s growing commitment to human rights Access to water
4. The problems with the water supply have naturally affected the twelve thousand five hundred and ninety-nine (12,599) inhabitants of the community in an adverse manner. Some of the issues faced are:..
• Interruption of the education of students within the community who are sent home regularly due to the unreliable water supply on school premises...
Access to food
18. Saint Lucia in 2014 joined the Zero Hunger Challenge, by collaborating with the Food and Agriculture Organization (FAO), and the Government of Brazil, in introducing this endeavour and all its benefits to the island. Saint Lucia has contributed to the Zero Hunger challenge by attempting to connect agriculture and food production to every sector of society, with the assistance of stakeholders in both the public and private sector. Numerous Programmes were initiated by the Government of Saint Lucia with the assistance of the aforementioned stakeholders, one such programme being the revitalized School Feeding Programme which will benefit disadvantaged and underprivileged school children throughout Saint Lucia.
IV. Achievements in implementation of accepted recommendations
Acceptance of international norms – 89.1, 89.7, 89.27, 89.14, 89.12, 89.18, 89.13, 89.5, 89.3, 89.11
25. Agreements signed, ratified and acceded to:
- Saint Lucia acceded to the United Nations Protocol to Prevent, Suppress and Punish trafficking in Persons, especially Women and Children on the 16th of July 2013, the Counter-Trafficking Act was enacted to give effect and to implement the said Protocol in 2010. Also Saint Lucia has established a National Task Force to deal with matters related to the trafficking of persons;
- Saint Lucia has signed and ratified the two optional protocols to the CRC namely the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2013) and the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (2014).
Poverty/Socio-economic issues – 89.98, 89.99, 89.101, 89.102, 89.100
29. The Government has also continued to commission the building of Human Resource Development Centres (HRDCs) in communities which are deemed to be in need of such services. The purpose of these centres is to enhance human enrichment in disenfranchised communities by providing resources such as computers and access to the internet. Further community development is improved through information and computer technology classes, early childhood education and skills training being housed inside the premises of any given HRDC.
30. With the assistance of stakeholders in the private sector, the Government has been able to provide academic support and life skills to the most vulnerable youth on island. To date this initiative has been established in fourteen (14), communities serving approximately four hundred (400) youth. Though this programme does not provide monetary support to at-risk children, it does compliment the governments other endeavours in combating poverty, in that it provides poverty stricken youth with the necessary tools to overcome their circumstances as they mature.
Discrimination against women – 89.58, 89.59, 89.60, 89.61, 89.62, 89.63
35. In recent years, the role of women in Saint Lucian society has undergone an incredible transformation. Through numerous initiatives and most notably through education, women in Saint Lucia have achieved levels of empowerment, which they have never been exposed to before. However, this does not mean that parity has been fully realised in all walks of life, and it is this fact that has led to the Government initiating programmes and bolstering existing ones which address women’s issues.
37. In ensuring that women in rural areas have better access to education and vocational training programmes, the Government of Saint Lucia, through the Saint Lucia Network of Rural Women Producers, has created an avenue for women in rural communities to gain access to a number of training and capacity building initiatives which has also allowed many of these women to be introduced to various forms of information technology.
38. It has been the policy of the Government, as seen in Saint Lucia’s previous report, to have heath care facilities within three (3) miles from where persons work and live. Greater impetus has been placed on improving these facilities over the last few years. A significant number of these facilities have been upgraded and refurbished, and these improvements have included the provision of obstetric, maternal and child health services, all of which are provided by the state free of charge.
40. The Vulnerable Persons Team is a unit which was established within the Royal Saint Lucia Police Force in 2003. This Unit’s mandate is to respond solely to cases of violence against women and children on island with the aim of resolving such matters with necessary care and attention.
45. As articulated in Saint Lucia’s previous report, the Education Act of 1999, in accordance with the Convention on the Rights of Child, affirmed the rights of all children to receive an education and prohibits refusing admission of students to schools on any discriminatory grounds. Furthermore, both the Convention and the Act seek to remedy inadequacies along gender lines. To this end, Saint Lucia has eliminated such discrimination as it pertains to access to education. It has been realised however, a trend of female students out-performing their male counterparts at every level of the education system on island. The underperformance of male students is by no means ideal, and is something that is currently being addressed by the Government. However it does speak to the tremendous progress that has been made by the Government and people of Saint Lucia in ensuring that women succeed in education.
Right to health – 89.105, 89.106
52. Saint Lucia has continued to work on improving the treatment and care of persons with HIV/AIDS, in addition to the prevention of HIV/AIDS on island. In partnership with international agencies and NGOs, Saint Lucia has made significant headway in combatting the spread of HIV/AIDS on island. Since 2010, Saint Lucia has not recorded a single case of mother to child transmission of the disease.
Right to education – 89.43, 89.44, 89.45, 89.103, 89.107
80. The Government has made addressing the issues facing males at school a priority. In doing so, it has been realised that many of the issues stem from early childhood development, well before their enrolment within the primary and secondary school systems.
81. This information came to light after a Multiple Indicator Cluster Survey carried out in 2012, in which it was found that ninety-six per cent of girls, between 36–59 months old, were engaged in four or more activities with an adult household member, as opposed to eighty-nine per cent of boys. The survey also revealed that more girls are exposed to books (literature), whilst boys are exposed to more play things at an earlier age. Hence, educating parents and ensuring their participation in the design and functioning of Early Childhood Education (ECE) is viewed as one of the key strategies by the Government.
82. In June 2014, with the help of the Commonwealth, the Ministry of Education (MOE) began the implementation of the School Mentoring Programme for At- Risk Students. This three (3) year pilot project comprises sixty (60) mentors and one hundred and twenty (120) mentees from six schools; two primary and four secondary schools. It is the intention of the MOE to add six (6) additional schools by the third year of the programme. The main objectives of the programme are as follows:
To improve students self-perception through focusing on positive identity development;
To improve the school attendance and academic performance of boys considered at risk for academic failure;
To reduce the risk of students engaging in problematic behaviour through positive adult influence;
To provide students with emotional support and stability through contact with a consistent same gender adult role model;
To strengthen policies which address specific issues that may come to the fore during the programme.
83. Seriose Progress has been made in terms of how students with special needs are identified and catered to within Saint Lucia’s education system. With the aid of a multi – development team, education officials on island have found it easier to identify, assess and intervene when the need arises in cases involving disenfranchised youth.
84. The MOE has also introduced Early Childhood Screening and Diagnosis of Learning Deficiencies. This programme was able to get off the ground thanks to funding from the Caribbean Development Bank.
85. As Government continues its provision of quality education to all students, it is mindful that many students may not be able to fully access these programmes due to the financial constraints faced by parents and guardians. An initiative put forward to remedy this has been the distribution of five hundred dollar ($500.00) grants to every incoming secondary school student. This policy has undoubtedly assisted families of a lower socio- economic status in ensuring that their children commence entry into secondary school properly equipped.
86. The Government is acutely aware of the importance of Information Technology in the current job market, and it is in this vein that the Government has made a concerted effort to ensure that secondary school students are equipped with the requisite technical knowledge and skills. In 2013, the Government, through the MOE, began furnishing all students from form three to form five with a laptop. This provision ensures that all students, regardless of socio-economic background, are exposed to the technology of the day. As society develops and grows so too must the role that schools play in that society. Government has recognised this and has embarked on a number of initiatives in this regard.
87. The Government, in collaboration with UNICEF has introduced the latter’s Child Friendly Schools Programme. This programme targets individual schools with the aim of transforming them into an ideal learning institution. This means that areas such as the student’s safety, security, nutritional status and psychological well-being are specifically targeted for improvement. Additionally, training of academic staff and the streamlining of teaching methods is addressed under the Child Friendly Schools programme. This programme also promotes alternative methods of disciplining students, as opposed to the use of corporal punishment, with an increasing number of schools signing on to the programme this should lead to the gradual phasing out of corporal punishment in the classroom.
88. The MOE has recently embarked on looking into the feasibility of implementing the ‘Zero Hunger’ challenge. If introduced, this programme would see a collaborative effort between the Government of Saint Lucia and the Food and Agricultural Organisation (FAO)and would go a long way to solving the issues of hunger in our secondary schools. This in turn could lead to increased educational performance at that level. The cost implications and other operational factors however, need to be taken into consideration. A great deal has already been accomplished in the remodelling Saint Lucia’s education system but there still remains a lot that has yet to be achieved. With a view of ensuring the continued growth of our education sector, the Government has recently developed its 2015– 2020 Education Sector Development Plan which details a list of strategic priorities which are inclusive of but not limited to the following:
• The democratisation of education;
• Student achievement;
• Quality and rigor of education;
• Effective teaching and learning;
• Gender equity and human rights;
• Technology integration and innovation in teaching and learning.
89. The Government remains steadfast in ensuring that the people of Saint Lucia are exposed to and thrive in the best educational environment possible.
Children – 89.46, 89.47, 89.48
90. The Government of Saint Lucia has always placed the well-being of its nation’s youth at the forefront of its national development agenda. This focus has intensified over the years and it is in this vein that Saint Lucia has continued to introduce programmes, which are aimed at addressing issues faced by the youth.
91. Currently, Saint Lucia is in the process of undertaking a reform of its juvenile justice system. The process involves the review of laws pertaining to children and juveniles, as well as the introduction of a number of programmes which focus on addressing the societal problems faced by youth.
92. As was stated under the recommendations relating to the right to education, the Government has introduced a number of initiatives within the school system targeted at all children but particularly those considered to be the most vulnerable, and in turn less likely to succeed at school. Some of the programmes which have been introduced are:
• School Mentoring Programme for at-risk children;
• The introduction of Early Childhood Screening and Diagnosis of Learning Deficiencies;
• Government funded grants of Five Hundred Dollars ($500.00) for each child entering secondary school;
• Providing every Secondary school child from form three to five with a laptop;
•The intended introduction of the ‘Zero Hunger’, initiative to tackle the problems some secondary school students face in obtaining wholesome meals.
93. Cognizant of the need to increase and better allocate funding for areas regarding youth, the Government has introduced Child Friendly Budgeting under the auspices of the Ministry of Finance. Child friendly budgeting will allow for more efficient and targeted spending by the Government on projects centred on youth. This is intended to reduce wastage on projects deemed unworthy of pursuing.
94. Child abuse remains a serious societal concern. Hence the reason why the New Beginnings Transit Home opened its doors in 2011, it affords victims of child abuse the opportunity of rehabilitation with the hope that, they can return to some form of normalcy.
95. Government has also launched awareness campaigns that target society in general as well as professionals within the field;; The “Break the Silence” campaign was launched by the Government to heighten the public’s awareness of child abuse. Furthermore, Saint Lucia has participated in CARICOM regional meetings and training workshops on child sexual abuse with the intent of honing the relevant stakeholder’s abilities in dealing with the victims and overall issues which stem from the sexual abuse of children.
96. Government continues its efforts to ensure that every child is protected and treated equally in Saint Lucia. A National Action Child Protection Committee was introduced by the Government in 2012, in order to meet the demands of coordinating the implementation of the Convention on the Rights of the Child (CRC). It is the intent of the Government to provide the Committee with adequate human, technical and financial resources to effectively implement and coordinate comprehensive, coherent and consistent child-rights policies in line with Saint Lucia’s obligations under the CRC.
Institutions and policies – 89.36, 89.41
98. The Government of Saint Lucia has increased efforts to promote and protect the rights of vulnerable groups such as the disabled and the elderly. In the 2013/2014 national budget the Prime Minister stressed the importance of singling out differently-abled children for special treatment, something that had never been done by any previous administrations in Saint Lucia. To that end the Child disability grant was introduced as an important social safety net initiative which specifically targets children with disabilities below the age of twenty-one (21).
99. The Child Disability Grant was launched in June 2014 and is managed by the Ministry of Social Transformation, Local Government, and Community Empowerment.
100. Children must suffer with severe disabilities and be below the age of twenty-one (21) in order to qualify for assistance under the disability grant. As of August 2015 one hundred and sixty-six (166) children had benefited from the two hundred dollar ($200.00) monthly grant.
Compilation of UN Information
I. Background and framework
A. Scope of international obligations
International human rights treaties
1. In 2014, the Committee on the Rights of the Child recommended that Saint Lucia ratify the amendment to article 43 (2) of CRC, OP-CRC-IC, ICESCR, ICCPR, CAT, ICRMW, CRPD and ICPPED. It also recommended that the Government ratify the International Labour Organization (ILO) Minimum Age Convention, 1973 (No. 138)11 and the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption.
2. The United Nations Educational, Scientific and Cultural Organization (UNESCO) recommended that the Government ratify the Convention against Discrimination in Education.
B. Constitutional and legislative framework
3. The United Nations subregional team for Barbados indicated that Saint Lucia participated in the Organisation of Eastern Caribbean States (OECS) Family Law and Domestic Violence Legal and Judicial Reform Project, as part of which four bills were developed and submitted to Eastern Caribbean Governments for consideration: the Status of Children Bill, which seeks to remove the legal disabilities of children born out of wedlock; the Child Care and Adoption Bill, which provides for the protection of children from various forms of abuse; the Child Justice Bill, which is in accordance with articles 37 and 40 of CRC; and the Domestic Violence Bill, which aims to protect victims of domestic abuse. The bills were before the Attorney General’s Chambers for final review and submission to Cabinet for approval.
4. The subregional team recommended that the Government complete the review of the draft legislation relating to domestic violence and the rights of children and submit it to the Cabinet for approval as soon as possible.
5. The Committee on the Rights of the Child recommended that Saint Lucia undertake the legislative reform necessary to bring its laws in line with the Convention, using the OECS model Child Justice Bill to guide the revision process.17 It also urged Saint Lucia to adopt and implement legislation in line with the OECS Status of Children Bill to remove any distinction between children born in and out of wedlock.
C. Institutional and human rights infrastructure and policy measures
6. The subregional team recalled that Saint Lucia had a Parliamentary Commissioner, similar to an ombudsman, who was charged with protecting citizens against abuse of administrative power. However, the Commissioner had a limited mandate and was not accredited by the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights as a national human rights institution.19 The Committee on the Rights of the Child reiterated its recommendation that Saint Lucia expeditiously establish an independent mechanism for monitoring human rights, including a specific mechanism for monitoring children’s rights, and ensure its independence to
8. The Committee on the Rights of the Child noted the establishment of the National Action Child Protection Committee (NACPC) in 2012. It recommended that Saint Lucia provide NACPC with sufficient authority and resources to effectively implement and coordinate comprehensive, coherent and consistent child rights policies.
9. The Committee was concerned that Saint Lucia lacked a comprehensive policy and strategy to effectively monitor progress in the implementation of children’s rights and reiterated its recommendation that Saint Lucia develop a comprehensive national plan of action for the full implementation of CRC without further delay.
II. Cooperation with human rights mechanisms
A. Cooperation with treaty bodies
Reporting status
10. The subregional team indicate that the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) was supporting the Government in the completion of its overdue report to the Committee on the Elimination of Discrimination against Women. The team recommended that Saint Lucia continue to work with the United Nations Children’s Fund (UNICEF) and UN-Women in the preparation of reports to the Committee on the Rights of the Child and the Committee on the Elimination of Discrimination against Women.
C. Cooperation with the Office of the United Nations High Commissioner for Human Rights
11. According to the subregional team, the Government has had very limited engagement with the Office of the United Nations High Commissioner for Human Rights (OHCHR) regarding the provision of technical assistance in meeting its international human rights obligations or facilitating human rights training and education.28 The team recommended that Saint Lucia seek technical assistance from OHCHR to improve efforts to meet its international human rights obligations.
III. Implementation of international human rights obligations, taking into account applicable international humanitarian law
A. Equality and non-discrimination
14. The Committee on the Rights of the Child recommended that Saint Lucia mainstream gender equality policies in the education sector, ensuring that gender issues and sensitivity training become an integral, substantive and mandatory component of all teacher training at all levels.
19. The subregional team stated that, according to a 2012 United Nations Development Programme report on citizen security, the number of gang homicides in Saint Lucia was growing. In 2011, the Government launched the “United against crime” campaign to get citizens more involved in fighting crime and, in 2014, it passed legislation criminalizing gang-related activity. The Committee on the Rights of the Child welcomed the adoption of the Anti-Gang Act. The Committee was concerned, however, that the climate of fear, insecurity, threat and violence linked to gangs impeded children from enjoying their childhood. It recommended that Saint Lucia develop a comprehensive public policy to deal with that problem.
21. The subregional team indicated that in 2012 the Government had launched an island-wide initiative to curb domestic and gender-based violence. The Department of Gender Relations also ran the Women’s Support Centre, which provided shelter, counselling and residential services, a 24-hour hotline and assistance in finding employment for victims. Various non-governmental organizations also provided counselling, referral, education and empowerment services. However, crisis centres in Saint Lucia were significantly underfunded.
22. The subregional team noted that the police had indicated an increase in the reporting of sexual crimes against women and children. However, there was no evidence that due process was followed, and no indication that there had been an increase in prosecutions. Given that marital rape was still not acknowledged within the legal framework, the team called into question the effectiveness of the response of the justice system to sexual violence against women.
24. The Committee on the Rights of the Child was concerned about the increase in the number of cases of child abuse and neglect. Also, while noting that Saint Lucia had addressed child sexual exploitation and abuse, it was concerned that cases of such abuse appeared to be increasing. For the subregional team, child sexual abuse remained a serious concern. Saint Lucia had adopted a mandatory reporting protocol to address child abuse but sexual violence against children often went unreported. This was due to a number of reasons, including the common practice of out-of-court settlements where the abuser pays a parent an agreed sum of money to avoid prosecution, although such arrangements were illegal. Also, there was a reluctance to report sexual violence because of what lawyers described as an “insensitive and underequipped justice system” and the fear that bringing a case would undermine the privacy and self-esteem of child victims.
25. However, the subregional team added that, since the 2011 universal periodic review, Saint Lucia had continued to engage in awareness-raising on the issue with the support of UNICEF. In 2013, the Government launched the “Break the silence” campaign, which empowered children, families and victims of sexual abuse to report cases of sexual offences and to break the stigma surrounding the issue. In the framework of the campaign, workshops were conducted, including with the participation of religious leaders, sports personalities and other public figures.
26. The Committee on the Rights of the Child recommended that Saint Lucia, inter alia, prevent and combat child abuse and neglect in all settings and that it ensure that acts of sexual abuse and exploitation are effectively investigated, that perpetrators are brought to justice and that settlements involving financial arrangements between perpetrators and parents of child victims are prohibited. The Committee further recommended that Saint Lucia provide accessible, confidential, child-friendly and effective complaint procedures and review all sexual offences legislation.
27. The Committee reiterated its concern that corporal punishment was still seen as a lawful way of disciplining children, both under the 1972 Children and Young Persons Act and the 1999 Education Act, and continued to be practised. It recommended that Saint Lucia amend its legislation to explicitly prohibit corporal punishment. The subregional team noted that, although Saint Lucia did not accept any of the recommendations arising from the 2011 universal periodic review regarding corporal punishment, the Government did engage in awareness-raising activities such as a national consultation on the theme “The future we want”. The Government had also launched training sessions and parenting programmes to promote alternative forms of punishment and new ways of interacting with children.
28. The Committee reiterated its concern about the persistence of child labour in the informal economy. It recommended that Saint Lucia ensure compliance with article 32 of the and relevant ILO standards, and strengthen programmes aimed at preventing child labour as well as the capacity of the labour inspectorate to effectively monitor the implementation of child labour laws and places of work, especially in the informal sectors.
30. The Committee on the Rights of the Child was concerned that children under 18 were coerced to engage in commercial sex. It recommended that Saint Lucia, inter alia, implement the Counter-Trafficking Act and ensure the effective prosecution and punishment of those who exploit children for the purposes of prostitution, forced labour or pornography.
C. Administration of justice and the rule of law
31. The Committee on the Rights of the Child urged Saint Lucia to ensure that all persons under 18 are provided with the same protection and guarantees in the area of juvenile justice.
32. The Committee welcomed the initiatives to assist children in conflict with the law. Nevertheless, it was concerned that the age of criminal responsibility, which stands at 12, was not clearly established in all relevant legislation; at the lack of alternative sentencing for children who are in conflict with the law; and that the Criminal Code provides that 16 and 17-year-old children may be tried as adults, sentenced to life imprisonment and be subject to the death penalty. The Committee urged Saint Lucia, inter alia, to ensure that the age of criminal responsibility is set at 12 in all relevant legislation; to abolish the provisions of the Criminal Code allowing for the imposition of a life sentence or the death penalty on children aged 16 or 17 at the time of committing the crime; and to promote alternatives to detention and provide effective rehabilitation services.
D. Right to family life
33. The Committee on the Rights of the Child was concerned that Saint Lucia had not yet enacted legislation to ensure effective monitoring of the conditions of alternative care and had no provisions to promote family-based alternative care for children deprived of their biological family environment. It recommended that Saint Lucia ensure that adequate facilities exist for both boys and girls in need of protection, in cases where institutional care is unavoidable, and that children in need of protection are not mixed with children in conflict with the law.
34. The Committee welcomed the “Catch-up campaign” launched in 2013 relating to the promotion of universal, free and timely birth registration of children.
F. Right to work and to just and favourable conditions of work
39. The subregional team reported that, in 2012, the Government enacted the amended Labour Act 2006. The Act sets the minimum age for employment at 15 and prohibits the employment of children who have not yet reached the minimum age for compulsory education.73 The new labour code also further defines worker rights and increases penalties for violations. The law specifies the right of most workers to form and join independent unions, to strike and to bargain collectively. The law prohibits anti-union discrimination and workers fired for union activity have the right to reinstatement.
G. Right to social security and to an adequate standard of living
43. The Committee on the Rights of the Child noted that Saint Lucia implemented targeted social assistance programmes, but it was concerned about the increasing percentage of households classified as poor. It urged Saint Lucia to, inter alia, address the high level of child poverty, adopt the draft national social protection policy and implement the social protection reform initiatives of the Ministry of Social Transformation, Local Government and Community Empowerment.
44. The Committee was concerned that many families faced food insecurity and lacked appropriate assistance in the performance of their child-rearing responsibilities. It recommended that Saint Lucia render appropriate assistance to parents and legal guardians, in particular in situations of poverty and in rural areas.
H. Right to health
45. The subregional team indicated that the Government continued to work to implement a universal health-care coverage model. In recent years, the health infrastructure had been upgraded, new programmes had been initiated, services had become more readily available, immunization coverage had remained high and maternal and infant mortality had been reduced.
46. The Committee on the Rights of the Child noted progress regarding the overall quality of health service provision. It recommended that the Government ensure adequate provision of prenatal and postnatal care, address the increasing number of children born with low birth weight and obese children and increase the coverage of services to children with developmental disabilities.
48. The subregional team indicated that the Ministry of Health had developed a reproductive health policy that was expected to be approved in 2015. It observed a relatively high incidence of teenage pregnancy and that the CARICOM Council for Human and Social Development had approved a strategy to reduce the number of adolescent pregnancies in each country of the English- and Dutch-speaking Caribbean by at least 20 per cent over the period 2014-2019.
49. The subregional team noted that parental consent was not required for teenagers to access health services and receive information regarding sexual and reproductive rights. The age of consent for girls was currently 16 but is not clearly specified for boys.
51. The Committee on the Rights of the Child welcomed the construction of the National Mental Wellness Centre and the review of the country’s mental health system. It
recommended that Saint Lucia strengthen the quality of the mental health services and programmes available to children.
52. The Committee was concerned at the high prevalence of alcohol abuse and drug use by adolescents. It recommended that Saint Lucia address the phenomenon and provide access to treatment, counselling, recovery and social reintegration, as previously recommended.89
I. Right to education
53. UNESCO noted that the right to education was enshrined not in the Constitution but in Act 41/199, article 14 of which reads: “Subject to available resources, all persons are entitled to receive an educational programme appropriate to their needs.”
54. UNESCO welcomed the adoption of various plans and programmes to further include marginalized youth and reduce the number of dropouts. However, the law on education had not been amended and insufficient measures had been taken to address persisting forms of discrimination. UNESCO recommended that the Government further promote inclusive education in all its aspects.
55. The Committee on the Rights of the Child noted the efforts to provide universal access to early childhood education. It was concerned, however, about insufficient access to education by the most disadvantaged and recommended that Saint Lucia, inter alia, improve the accessibility and quality of education.
56. The same Committee welcomed the increase in enrolment in secondary schools, the decrease in dropout rates among secondary school students, and programmes targeting underprivileged children and children at risk of dropping out of school.
57. The Committee recommended that Saint Lucia mainstream gender equality policies in education, ensuring that gender issues and sensitivity training are made an integral, substantive and mandatory component of all teacher training at all levels.
58. The Committee welcomed the incorporation of a comprehensive, life skills-based programme entitled “Health and family life education” in the curricula of all primary and secondary schools. It recommended that Saint Lucia, inter alia, increase the availability of confidential and youth-friendly health services and ensure the availability of contraceptive services to adolescents without parental consent.
59. The subregional team indicated that the Government had improved the provision of special education by establishing centres for that purpose in Vieux Fort and Soufriere, bringing the total number of special education centres to four. However, it noted that there was no national screening process for children with learning disabilities. The Committee on the Rights of the Child was concerned that sufficient and adequate facilities for children with disabilities were lacking. It recommended that Saint Lucia ensure that schools provide inclusive education. It also recommended that schools and care facilities be adequately staffed and funded.
K. Persons with disabilities
61. The subregional team reported that no specific legislation protected the rights of persons with disabilities. The law did not prohibit discrimination against persons with physical, sensory, intellectual and mental disabilities in employment, education, air travel and other transportation and access to health care.
62. The Committee on the Rights of the Child noted the development of a draft national policy for persons with disabilities. It was concerned that the reforms necessary to secure the rights and active participation of children with disabilities in all spheres of society had not taken place. The Committee recommended that Saint Lucia adopt and implement the draft national policy.
L. Migrants, refugees and asylum seekers
64. The Committee on the Rights of the Child was concerned about children of foreign migrants in Saint Lucia, especially those who were undocumented, and the challenges and discrimination that they could face in accessing social services. It recommended that Saint Lucia develop a national policy and guidelines for all ministries, agencies and departments providing services to children of migrants and all children affected by migration.
M. Environmental issues
69. The Committee on the Rights of the Child noted that Saint Lucia had introduced the National Climate Change Policy and Adaptation Plan and recommended that the Government develop strategies to reduce the vulnerabilities for children and families which may be produced by climate change.
Stakeholder Information
Information provided by stakeholders A. Background and framework
2. Constitutional and legislative framework
3. AI stated that, in 2005, Saint Lucia initiated a process of constitutional reform and that, in May 2013, the report of the Constitutional Reform Commission had been tabled in Parliament with a series of recommendations. The reform process had not been pursued despite important recommendations to strengthen gender equality and the protection of children.
4. JS3 welcomed that, in 2012, Saint Lucia implemented the Labour Code Act of 2006 which captured some concerns under ILO Conventions in areas of unfair dismissal, child labor, sexual orientation, and workers’ rights but regretted that there had been no revision of the Civil Code to eliminate gender based discriminatory provisions as accepted by the State during its previous review.13 JS3 recommended the Government to review the Civil Code and eliminate gender based discriminatory provisions.
5. Regarding children’s rights, JS3 considered that existing legislation did not fully encompass the principles and provisions of the CRC and that national legislation must be implemented to deal with discrimination against children born out of wedlock, juvenile justice, and corporal punishment.15 JS3 recommended the Government to establish domestic legislation to incorporate fully all the principles of the CRC.
3. Institutional and human rights infrastructure and policy measures
10. JS3 informed that, in September 2012, the Cabinet of Ministers approved the National Action Child Protection Committee (NACPC) whose mandate is to act as an advisory body in child protection matters as well as to coordinate and report on the implementation of the CRC. JS3 added that the NACPC, which was established following a recommendation made to Saint Lucia by the CRC in 2011, had not yet activated its mandate or taken specific steps in its pursuit.
B. Implementation of international human rights obligations, taking into account applicable international humanitarian law
1. Equality and non-discrimination
16. JS3 recommended the Government to raise public awareness regarding non- discrimination of LGBT persons and include sexual orientation as part of the curriculum in the Health and Family Life Education for schools; swiftly implement the recommendations of the Constitutional Reform Committee and establish well defined separate legislation to address discrimination on the basis of sexual orientation; decriminalize same-sex consensual relations; and promptly investigate all complaints of violence against LGBT persons. AI recommended Saint Lucia to repeal all legal provisions prohibiting and punishing same-sex sexual relations between consenting adults; and engage with civil society organizations working on behalf of LGBTI persons to implement human rights education and anti-discrimination awareness-raising programs.
28. JS3 reported that The Vulnerable Persons Team within the Police assisted with the investigation and management of all domestic violence as well as child abuse and neglect cases. However there were various impediments that mitigated against the work of this team, including a high turnover in team members; the physical structure where victims were received that lacked the necessary privacy; and the lack of targeted and specialized training of members within the vulnerable person’s team. JS3 recommended the Government to strengthen the Vulnerable Persons Team of the Police by providing specialized training to officers and maintaining well trained staff within the unit; and improve privacy settings in areas where domestic and sexual violence victims are received by staff.
31. JS3 reported that, since 1980, the Upton Gardens Girls Centre, an NGO, had provided a day care rehabilitation service to abused, disadvantaged and neglected girls aged 12 to 17 years. The centre facilitated training in several key areas including technical and vocational skills, remedial learning for slower girls and behaviour modification programs. The Centre experienced challenges as girls returned daily to vulnerable home communities and some dropped out of the program before they could be successfully rehabilitated. JS3 stated that the Director of the Centre was convinced that partial residential accommodation was absolutely necessary to ensure that the more vulnerable girls could reside at the Centre for the duration of the program. This required financial assistance and staffing support from Government. JS3 recommended the Government to allocate funding and support staff for the Upton Gardens Girls Centre to establish partial residential quarters for girls, and implement all necessary legal and policy measures to facilitate this service.
32. JS3 regretted that Saint Lucia had experienced a sudden surge in child suicides with an unprecedented number of four cases recorded for the period 2013-2014. JS3 urged the Government to investigate the root causes and patterns of these suicides and immediately institute preventative measures to intercept this behaviour.
33. The Global Initiative to End All Corporal Punishment of Children (GIEACPC) reminded that during the first review of Saint Lucia there were a number of recommendations to prohibit corporal punishment that the Government did not support. The Government noted these recommendations, stating that Saint Lucia recognised the need to pursue alternative forms of discipline to corporal punishment but that amending the legislation which allowed the use of corporal punishment remained a formidable challenge as corporal punishment was rooted in the country’s tradition and culture.70 GIEACPC added that, from the review of Saint Lucia by CRC in 2014, it appeared that a national consultation on abolition of corporal punishment had been carried out but that there were no moves towards prohibiting it in law.
34. GIEACPC further recalled that, in Saint Lucia, corporal punishment of children was unlawful as a sentence for crime but it was not prohibited in the home, alternative care settings, day care, schools and penal institutions.72 GIEACPC indicated that, as part of an initiative to reform child laws in the region, the Organisation of Eastern Caribbean States (OECS) had circulated a number of draft laws for consideration by member states, including Saint Lucia. As originally drafted, the laws did not explicitly prohibit corporal punishment but they nevertheless provided the impetus to review national legislation and to enact new laws which do prohibit corporal punishment.
35. GIEACPC hoped that during the second UPR of Saint Lucia delegations would raise the issue and note with concern the legality of corporal punishment of children. GIEACPC requested delegations to make a specific recommendation that the Government prohibit all corporal punishment of children in all settings including the home and repeal the right to administer reasonable punishment in the Children and Young Persons Act of 1972.
37. JS3 considered that there was a need for a well-established centralized data register, with compiled information relating to child and juvenile concerns and complaints within the Division of Human Services of the Government. This register was fundamental, noted JS3, so that the Government could deliberately pursue appropriate and targeted policy development to effect necessary change. JS3 recommended Saint Lucia to seek technical support to establish a centralized data register, which contains child and juvenile violations, complaints and issues within the Division of Human Services.
5. Right to health
43. JS1 informed that the Drugs Act made no mention of treatment, education, aftercare or social reintegration as an alternative to imprisonment86 and that drug demand reduction efforts rested primarily with “Just say No” campaigns for school children and one abstinent based drug treatment programme operated by the Ministry of Health.87 It added that the main goal of the current drug control model was to deter and limit drug use. However, the criminal law did not deter use but it did undermine health, increased the power and reach of organised criminal gangs, increased risk of corruption and fuelled violence.
6. Right to education
46. JS3 stated that there was a need for a targeted reintroduction of vocational schools and training programs within secondary schools to facilitate young persons with different learning abilities, by affording them an alternative to mainstream academia. This could likely reduce the number of children, especially boys, who dropped out of school. JS3 added that school drop out by boys in particular remained a challenge for the State.92 JS3 recommended Saint Lucia to fully re-introduce vocational and technical training in secondary schools to provide alternative learning to students of different abilities and talents.
7. Persons with disabilities
47. JS3 reported the existence of three NGO day care centres for children with disabilities. Two were located in the South (Soufriere and Vieux Fort) and one in the East (Denery) of the island. The Centre in Denery especially provided care to children with severe multi-disability. The Childhood Development and Guidance Centre was another NGO that provided early intervention services to children with special needs. The Centre received a Government subvention and was also supported by international and local grants.
Accepted and Rejected Recommendation
The recommendations formulated during the interactive dialogue/listed below enjoy the support of Saint Lucia:
88.8 Progress in the process of ratification of the International Covenant on Civil and Political Rights, the Convention on the Rights of Persons with Disabilities and the Optional Protocol to the Convention on the Rights of the Child signed in 2011 (Chile);
88.32 Bring its laws in line with the Convention on the Rights of the Child (Portugal);
88.33 Strengthen implementation of its obligations under the Convention on the Rights of the Child by adopting legislation based on the Organization of Eastern Caribbean States model Children (Care and Adoption) Bill, model Status of Children Bill, and model Child Justice Bill (Canada);
88.34 Remove, in the process of legal and constitutional reform, any legal distinction between children born in and outside of marriage; amend its law to ensure that no person may be sentenced to the death penalty for a crime alleged to have been committed as a child; and prohibit corporal punishment in school and care settings as well as in detention (Ireland);
88.35 Take legislative measures to ensure non-discrimination against children in all settings and fully implement the provisions of the Convention on the Rights of the Child (Namibia);
88.45 Provide the National Action Child Protection Committee (NACPC) with sufficient authority and resources to effectively implement and coordinate comprehensive, coherent and consistent child rights policies (Trinidad and Tobago);
88.46 Continue its efforts towards protecting the rights of women and children (Morocco);
88.54 Mainstream gender equality policies in the education sector, ensuring that gender issues and sensitivity training become an integral, substantive and mandatory component of all teacher training at all levels (South Africa);
88.56 Systematically adopt policies that promote gender equality in the education sector and ensure that gender issues are included in education as an integral, substantive and mandatory component of the training of teachers and students in all levels (Panama);
88.58 Ensure the implementation of gender equality policies, including through mainstreaming gender equality training in the education sector (Slovenia);
88.78 Implement legislative measures to ensure that persons under 18 years of age cannot be subject to receiving the death penalty (Costa Rica);
88.85 Take legal and practical steps to protect women and children from domestic violence, for example by prohibiting corporal punishment of children in all settings, including the home (Germany);
88.86 Take all necessary measures to eliminate, in law and in practice, violence against women and corporal punishment of boys and girls (Mexico);
88.87 Take all the necessary measures to finalize the draft law related to domestic violence and children’s rights, and submit it to the Council of Ministers for adoption (Panama);
88.88 Better protect women and children from violence, including by: reviewing child protection systems; amending the Criminal Code to include a provision on marital rape; and prosecuting all alleged perpetrators of sexual and domestic violence (United Kingdom of Great Britain and Northern Ireland);
88.89 Continue to strengthen its human rights infrastructure by adopting legislation and programs that would protect women and children from domestic violence and other forms of abuse, in line with international standards (Philippines);
88.90 Increase efforts to seek assistance in establishing a centralized data registry, especially data on violence against women and children (Haiti);
88.91 Continue its efforts to ensure that all cases of child sexual abuse are reported before the justice, as well as the offer of complaint procedures that are effective, easily accessible and of a confidential nature for the victims (Argentina);
88.92 Take steps to combat child abuse and child labour (Armenia);
88.93 Strengthen its efforts to combat sexual exploitation of and sexual violence against children (Djibouti);
88.94 Adopt legislation explicitly prohibiting corporal punishment of children, as previously recommended (Slovenia);
88.95 Implement measures to prohibit corporal punishment of children in schools (Costa Rica);
88.96 Ensure the implementation of child labour laws, including by strengthening effective monitoring (Slovenia);
88.97 Adopt additional measures and programmes to prevent child labour (Slovenia);
88.111 Continue consolidating its health system, particularly in the mother- child area (Bolivarian Republic of Venezuela);
88.114 Keep the important impetus given to the National Plan of educational development, with particular emphasis on the most vulnerable social sectors (Bolivarian Republic of Venezuela);
88.115 Continue its efforts to further the promotion of education (Djibouti); 88.116 Enhance efforts to provide access to quality education for all (Maldives);
88.117 Continue its efforts to promote gender equality in the education sector (Colombia);