Saint Vincent & the Grenadines: Children's Rights in UN Treaty Body Reports

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purpose of clarity.

 


UN Human Rights Committee

CCPR – Human Rights Committee (Concluding Observations, April 2008)

Corporal Punishment

11. While noting the delegation’s statement that judicial corporal punishment is not resorted to in practice, the Committee is concerned that the Corporal Punishment of Juveniles Act still permits caning, in violation of the prohibition of cruel, inhuman and degrading punishment contained in article 7.

The State party should immediately amend or repeal the Corporal Punishment of Juveniles Act so as to prohibit caning. It should also consider whether it is any longer necessary, or consistent with its obligations under the Covenant, to maintain in force the relevant savings clause of section 10 of the Second Schedule to the Constitution of the State Party.

Use of detention for children and detention of children with adults

CCPR – Human Rights Committee (Concluding Observations, April 2008)

14. While acknowledging the efforts made by the State party to build a new State prison, the Committee expresses its concern over ongoing prison overcrowding and poor prison conditions as well as the high rate of incarceration in the State party. It notes the report of Justice Mitchell in this regard. It also notes with concern the continuing practice of imprisoning juvenile and adult offenders in the same premises.

Additional resources should be allocated to the State party’s prison system, and separate facilities should be made available to juvenile offenders. Alternatives to imprisonment should be sought as a matter of priority.

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UN Committee on Economic, Social and Cultural Rights

E/C.12/1/Add.21
Last reported: 28 November 1997
Concluding Observations issued: 2 December 2007

Issues raised:

Child labour: Moreover, the Committee is concerned about the lack of social protection of working minors, due to the discrepancy between the minimum age for employment (16) and the minimum age to receive a national insurance card (18) under the NIS. (Paragraph 20).

Health: With respect to the right to health, the Committee notes with concern the high incidence of pregnancies among females of school age (between 1988 and 1991, 24 per cent of all births were to teenage mothers), and underlines that such pregnancies often have adverse consequences on the health of the child and of the mother and on the latter’s ability to continue her studies. (Paragraph 26).

Education: Concerning the right to education, the Committee notes with concern that, as mentioned by the State party in its report to CEDAW, there is no legal requirement that children attend school. It also expresses concern about reports received from non-governmental organizations on the lack of teachers and teaching materials, notably at the primary level, on the recent significant increase in educational fees, as well as on the insufficiency of facilities at the post-secondary level of education. Moreover, the recent economic downturn which affects banana farmers in particular, has led to a situation in which more and more children do not attend school, thus affecting those children’s right to compulsory primary education. Furthermore, the Committee views with concern the lack of literacy programmes for adults, while the appointment of the Adult Education Coordinator is welcomed. (Paragraph 27).

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UN Committee on the Elimination of Racial Discrimination

CERD/C/63/CO/10
Last reported: 18 August 2003
Concluding Observations issued: 22 August 2003

Issues raised:

Minority groups: The Committee is concerned that no information has been provided by the State party on the economic, social and cultural situation of minority groups. It is further concerned that persons of Carib ancestry tend to be viewed as the base of the social pyramid and experience discrimination. In general, access to health care and educational opportunities depends on the level of family income. (Paragraph 10).

Recalling that racial discrimination and poverty issues intersect, the Committee recommends that the State party include in its next periodic report information on affirmative action measures adopted, in conformity with article 2, paragraph 2, of the Convention, in order to ensure the adequate development and protection of minority groups, in particular the Caribs. The enjoyment of economic, social and cultural rights, including access to public services, must be ensured for all without discrimination, in accordance with article 5 of the Convention.

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UN Committee on the Elimination of Discrimination against Women

CEDAW/C/VCT/CO/4-8

Last reported: 20 July 2015

Concluding Observations adopted: 24 July 2015

Issues raised:

Anti-discriminatory legislation: The Committee notes with satisfaction that the State party has adopted some anti-discriminatory legislation. However, it notes with concern that sex-discriminatory provisions continue to exist in its legislation, including in the Criminal Code (Cap. 124), the Marriage Act (Cap. 173), the Employment of Women, Young Persons and Children Act (Cap 209) or the Citizenship Act (1984). Recalling its previous recommendation (A/52/38/REV.1(SUPP), para. 142) the Committee recommends that the State party review its existing legislation by adopting a clear time frame and targets in relation to the law reform process, and amend or repeal all discriminatory provisions, including in the laws mentioned above, in order to ensure compatibility with the principle of equality and nondiscrimination as enshrined in the Convention  (Para. 12 & 13).

Temporary Special Measures: The Committee notes that the replies to the List of Issues enumerates different legislative and administrative measures to improve the situation of women and girls in different sectors, but that these do not correspond to temporary special measures as called for under article 4 (1) of the Convention and as further elaborated in General Recommendation 25. This suggests that there is still a lack of understanding on the part of the State party as to the concept of temporary special measures and their use for promoting de facto equality. In that context, the Committee regrets that “no quotas have been instituted for the inclusion of women in public office or other areas”. The Committee recommends that the State party familiarize all relevant State officials and policy-makers with the concept and use of temporary special measures and adopt and implement such measures to promote substantive equality of women with men in accordance with article 4, paragraph 1, of the Convention and the Committee’s general recommendation No. 25 (2004), in all areas of the Convention where women are under-represented or disadvantaged.  (Para. 16 & 17).

Stereotypes and harmful practices: The Committee acknowledges the importance in daily life of the culture and traditions of the State party and notes that gender sensitivity training and awareness-raising activities have been conducted in schools and through radio programmes and workshops to reach out to the communities. The Committee is nevertheless concerned at persisting discriminatory stereotypes, negative traditional values and patriarchal attitudes regarding the roles and responsibilities of women and men in society and in the family which overemphasize women’s roles as mothers and housewives, thereby preventing them from actively participating in all areas of political and economic life covered by the Convention. The Committee recommends that the State party:.. (b) Adequately integrate principles of non-discrimination and equality of women and men into educational policies, the national core curriculum and related documents, as well as into basic and continuing education for teachers and health-care professionals and other service providers; (c)Use innovative measures that target children and parents to strengthen their understanding of the principle of equality of women and men, and work through the educational system, both formal and informal, as well as with the mass media, to enhance positive and non-stereotypical portrayals of women;.. (Para. 18 & 19).

Trafficking and exploitation of prostitution: The Committee notes the positive steps undertaken by the State party to address trafficking in human beings, in particular women and girls, including the enactment of the Prevention of Trafficking in Persons Act (2011), the establishment of an Anti-Trafficking in Persons Unit within the Police, and the creation of a crisis centre for the victims. However, the Committee is concerned about reports of cases of sexual abuse of children in the family by persons who pay the family to be silent and not report cases, which leads to sexual exploitation of children, particularly girls, effectively putting them into a situation of forced prostitution. The Committee notes with concern that only three cases of human trafficking were investigated in 2014 and five in 2013 without resulting in prosecution. Furthermore, the Committee is concerned about the lack of alternative employment opportunities for women and girls wishing to leave prostitution. The Committee recommends that the State party: (a) Strengthen measures to prevent and effectively respond to incidents of transnational and internal trafficking for sexual abuse and exploitation, especially of girls under 18, including through awareness-raising initiatives, the prosecution and punishment of offenders, and the establishment of specific support and rehabilitation programmes for victims; (b) Systematically gather and analyse sex-disaggregated data and information on trafficking and sexual exploitation, including exploitation of children in the family by outsiders, and sex tourism; (c) Strengthen measures aimed at addressing the root causes of trafficking such as poverty and high unemployment among women and girls which may also drive them into prostitution; (d) Enhance support services for victims of trafficking and sexual exploitation, including alternative employment opportunities, to facilitate the reintegration into society of women and girls who wish to leave prostitution (Para. 22 & 23)

Education: The Committee commends the State party for achieving universal access to primary and secondary education. It also welcomes the development of the Health and Family Life Education Curriculum. The “Teen Mothers Returning to School” programme aiming at enabling pregnant adolescent girls to pursue their education through the provision of day care services, payment of school fees and books, as well as transportation. However, the Committee notes with concern: (a) The high rate of teenage pregnancy (as nearly 50 per cent of women/girls give birth between 15 and 19 for the first time), which results in high rates of drop-out from school, as well as the lack of information on whether the Health and Family Life Education (HFLE) curriculum is offered in an age-appropriate manner at all levels of education and includes a gender perspective and education on responsible sexual behaviour; (b) The limited coverage and the lack of public awareness of the “Teen Mothers Returning to School” programme, designed to facilitate the return of adolescent mothers to school, and the lack of sex-disaggregated data to carry out an impact assessment;  (c) The lack of a comprehensive and integrated strategy to address ideological and structural barriers that discourage girls from participating in non-traditional academic and technical-vocational subjects. The Committee recommends that the State party: (a) Consider means of reducing unwanted teenage pregnancy by continuing to promote education on sexual and reproductive health and rights and responsible sexual behaviour for girls and boys, and ensuring that it is age-appropriate and is offered at all levels of education; (b) Strengthen efforts to retain girls in school and facilitate the reintegration of pregnant girls and young mothers into schools by providing support services such as counselling in parenting skills, appropriate sexual and reproductive health services and adequate childcare facilities, as well as by extending the coverage and increasing the accessibility and availability of the “Teen Mothers Returning to School” programme. (c) Eliminate traditional stereotypes and structural barriers that may deter girls from enrolling in traditionally male-dominated fields of study, such as science and technology, and step up efforts to provide girls with career counselling on non-traditional career paths, as well as alternatives outside formal education, including non-stereotypical vocational training  (Para. 28 & 29).

Health: The Committee notes with appreciation the awareness-raising activities carried out by the Family Planning Coordinator in secondary schools, technical institutions and the Community College to address issues such as responsible sexual behaviour, adolescent pregnancy, family planning services, including contraceptives, and sexually transmitted diseases. The Committee nevertheless remains concerned about information that traditional attitudes and cultural norms hamper access to contraceptives, including emergency contraceptives, as clinic nurses frequently consider that it is not appropriate for schoolgirls to be sexually active and either refuse to supply such contraceptives or inform their mothers about their sexual activity. In line with article 12 of the Convention and General Recommendation No. 24 (1999) on women and health, the Committee recommends that the State party:(a) Ensure free and adequate access to sexual and reproductive health services, in particular to modern contraceptive methods, for all women and girls, including those living on the outer islands, and strengthen age-appropriate school based education on sexual and reproductive health and rights for adolescent girls and boys through the HFLE curriculum; (b) Review policies and protocols governing the provision of sexual and reproductive health services to women and girls, and ensure their effective implementation by developing and conducting sensitization and training programmes for health care providers with a view to addressing traditional attitudes and overcoming cultural barriers that constrain access to family planning services, including contraceptives; (c) Provide free and confidential family planning at the community level, including in the Grenadine islands, and educate women and girls as well as men and boys on responsible sexual behaviour and the prevention of early and unwanted pregnancy and sexually transmitted diseases. (Para. 36 & 37)

Abortion: The Committee notes that abortion is illegal except in cases of rape, incest, risk to the life or physical or mental health of the pregnant woman or severe foetal impairment, as stipulated in Section 149 of the Criminal Code Cap 171 of the Revised Edition of the Laws of Saint Vincent and the Grenadines (2009). However, the Committee remains concerned at information indicating that, in practice, abortion is not available to victims of rape or incest, neither to women whose life is threatened by the pregnancy. It further notes with concern the information mentioning that a proper medical procedure is very expensive and is therefore not an option for many women who resort to backstreet abortions. It notes with concern that official data shows that the maternal mortality ratio is 48 births per 100,000 live births, reportedly due in part to unsafe abortions in the State party. The Committee recommends that the State party remove penalties imposed on women who undergo abortion and ensure that Section 149 of the Criminal Code is properly implemented to guarantee access to legal and safe abortion in cases of rape, incest, risk to the life or health of the pregnant woman or severe foetal impairment, in line with the Committee’s General Recommendation No. 24 (1999) on women and health; and ensure that women and girls have confidential access to adequate post-abortion care, including in case of backstreet abortions. (Para. 38 & 39)

Family relations and marriage: The Committee welcomes the adoption of national legislation which protects the rights of children born out of wedlock. Nevertheless, the Committee remains concerned about cultural attitudes and power imbalance within family relations that lead to discriminatory attitudes towards women and girls. The Committee is further concerned that women in de facto unions continue to be disadvantaged before the law, as they do not enjoy the right to property acquired during the union or financial support from their partners. The Committee also notes with concern the existence of disparities between the child maintenance awards made to the children of unmarried mothers and those of married mothers by the courts.The Committee recommends that the State party: (a) Strengthen its efforts to eliminate stereotypical attitudes regarding the roles of women and men in the family through awareness-raising campaigns; (b) Expedite efforts to undertake reforms, including legislative reforms, with a view to protecting the property rights of women upon the termination of de facto unions, and giving them the right to financial support in case of need, in line with General Recommendation no. 29 on the economic consequences of marriage, family relations and their dissolution, and article 16 of the convention;(c) Strengthen its efforts to secure child maintenance payments in adequate amounts, ensuring also that there are no disparities between those accorded to the children of married and unmarried mothers; (d) Consider ratifying the 1973 Hague Convention No. 23 on the Recognition and Enforcement of Decisions relating to Maintenance Obligations. (Para. 42 & 43)

The Committee is concerned that the Marriage Act set up the minimum legal age for marriage at 15 for girls and 16 for boys.The Committee urges the State party to expeditiously amend the Marriage Act to raise the minimum age of marriage to 18 years for girls and boys, in accordance with joint General Recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/General Comment No. 18 of the Committee on the Rights of the Child on harmful practices (Para. 44 & 45).

Child marriage

44.The Committee is concerned that the Marriage Act set the minimum legal age for marriage at 15 years for girls and 16 years for boys.

45. The Committee urges the State party to expeditiously amend the Marriage Act to raise the minimum age of marriage to 18 years for girls and boys, in accordance with joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child on harmful practices.

 

CEDAW Committee (Concluding Observations, 2015)

Discrimination against children born out of wedlock Family relations and marriage

42.The Committee welcomes the adoption of national legislation that protects the rights of children born out of wedlock, but remains concerned about cultural attitudes and power imbalances within family relations that lead to discriminatory attitudes towards women and girls. The Committee is also concerned that women in de facto unions continue to be disadvantaged before the law, given that they do not enjoy the right to property acquired during the union or financial support from their partners. The Committee further notes with concern the existence of disparities between the child maintenance awards made by the courts to the children of unmarried mothers and those of married mothers.

43. The Committee recommends that the State party:

(a) Strengthen its efforts to eliminate stereotypical attitudes regarding the roles of women and men in the family through awareness-raising campaigns;

(b) Expedite efforts to undertake reforms, including legislative reforms, with a view to protecting the property rights of women upon the termination of de facto unions and giving them the right to financial support in case of need, in line with general recommendation No. 29 on article 16 of the Convention (economic consequences of marriage, family relations and their dissolution);

(c) Strengthen its efforts to secure child maintenance payments in adequate amounts, ensuring also that there are no disparities between those accorded to the children of married and unmarried mothers;

(d) Consider ratifying the Convention on the Recognition and Enforcement of Decisions relating to Maintenance Obligations of 1973.

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A/52/38/Rev.1,paras.123-150
Last reported: 16 / 17 January 1997
Concluding Observations issued: 31 January 1997

Issues raised:

Stereotypes: The non-availability of shelter homes, which also provided victims with counselling services, was of concern to the Committee. Again, the Committee was very concerned about the persistent traditional, stereotypical roles and attitudes towards women and girls. Moreover, domestic violence was rampant, a fact that was also of great concern to the Committee. (Paragraph 135).

Human rights education: Although the Convention on the Rights of the Child and human rights in general were part of the school curriculum, the Committee was concerned that the Convention on the Elimination of All Forms of Discrimination against Women was not taught in schools. The Committee was very concerned about the high rate of teenage and pre-teen pregnancy, which sometimes forced children to be mothers with very serious, negative consequences for their future, in particular, the interruption of their education. (Paragraph 138).

The Government, in collaboration with non-governmental organizations, churches and all individuals and competent authorities, should introduce gender-sensitive reproductive and sexual health education, information and counselling in order to curb the very high rate of pre-teen and teenage pregnancy and should integrate reproductive and sexual health services, including family planning, into primary health care.

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UN Committee against Torture

Ratified in 2001, but not yet reported.

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UN Subcommittee on Prevention of Torture

No visits undertaken.

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UN Committee on Migrant Workers

Ratified in 2010, but yet reported.

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UN Committee on the Rights of Persons with Disabilities

Ratified in 2010, but not yet reported.

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UN Committee on Enforced Disappearance

Signed in 2010, but not yet ratified.

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