ST. KITTS AND NEVIS: Children's Rights References in the Universal Periodic Review

Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.

Saint Kitts and Nevis - 10th Session - 2011
28th January, 2.30pm to 5.30pm

Scroll to:

National Report
Compilation of UN Information
Stakeholder Information
Accepted and rejected recommendations

National Report

16. St. Kitts and Nevis espouses human rights practices enshrined in the United Nations Charter, the Universal Declaration of Human Rights and other international human rights instruments including the following core international human rights treaties, ratified to date: International Convention on the Elimination of All Forms of Racial Discrimination, Convention on the Elimination of All Forms of Discrimination against Women, Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child.

17. St Kitts and Nevis is also Party to the following treaties which contain elements of promotion and protection of human rights - International Convention against Apartheid in Sports, Convention relating to the Status of Refugees, International Convention Against the Taking of Hostages, Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, International Convention for the Suppression of Terrorist Bombings, Rome Statute of the International Criminal Court, United Nations Convention against Transnational Organized Crime, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, Protocol against the Smuggling of Migrants by Land, Sea and Air, Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime.

30. Since 1967, education has been compulsory for children from age five to sixteen this has necessarily facilitated the provision of secondary education in both public and private institutions.

33. With respect to the Millennium Development Goals (MDGs) St Kitts and Nevis is MDG Plus in Education offering universal education from pre-primary to secondary level.

34. The Early Childhood Education Unit is responsible for the management and delivery of early childhood services in St. Kitts and Nevis.

38. Prenatal health care in St. Kitts and Nevis is available to all expectant mothers and children under the age of 18 years free of cost at all eleven (11) community health centres in St. Kitts and six (6) in Nevis.

56. The Department of Probation and Child Protection Services is one of the government's primary agencies responsible for ensuring that the rights of children are regarded, especially with respect to those in need of care and protection, those in conflict with the law, adoption and foster care and related issues.

57. The Domestic Violence Act of 2000 addresses Care and Protection of children. This Act seeks to bring protection to persons who have experienced physical or psychological suffering, who have been molested or harassed in the context of the home, and who need protection from further harm. The law recognizes the fragility of children who are a part of these households, and speaks specifically to their protection in terms of providing inter alia for granting of injunction and protection orders.

58. The Counselling Department within the Ministry of Social And Community Development and Gender Affairs provides invaluable support working in close collaboration with the Department of Probation and Child care to provide counselling intervention for children who have suffered from abuse as well as their parents and guardians, so that healthy reunification of the family is possible.

59. The Department also works in tandem with the Early Childhood Development Unit and the community as well as nurses based at the hospital to establish early identification of children at risk of being abused.

60. In situations where a child, especially a young child or a baby must be placed urgently, the Paediatric wing of the main hospital in St. Kitts has been used as a place of safety. The Children's Home is a last resort option for placement of children at risk. The Home receives a subvention from government but is managed by a Board.

68. "Totally for Kids" is a radio programme, co-hosted by children for children up to the age of thirteen. It is aired on Saturday mornings and engages children and the entire community on issues of national concern from the perspective of children.

69. "Youth Express From the Steps" is a television programme formatted for young people to have candid and direct discussions about all matters affecting youth. Youth Parliamentarians have an opportunity to mimic parliamentary procedures when the mock Youth Parliament is held. The children debate bills and other matters much in the same way that it is done in the actual parliament.

83. The Government continues to seek avenues for improving the current overcrowding of the State Prison. Cooperation with an international entity continues with respect to the construction of a new prison or rehabilitation centre. The design is already prepared and the Government has already allocated land. Currently, there is no separation of juvenile offenders from adults. However the construction of a home for youth at risk which is near completion will in large measure, address this matter/development. It is to be noted also that the passing of the Alternative Sentencing Act is impacting the Government's efforts to reduce recidivism and promote rehabilitation as part of the prison reform programme. Under this Act, the option of incarceration is waved and is replaced by supervised community work.

UN Compilation

1. In 1999, the Committee on the Rights of the Child (CRC) encouraged St. Kitts and Nevis to consider the possibility of acceding to the other major international human rights instruments

3.The United Nations Children's Fund (UNICEF) in 2007 stated inter alia that, in the criminal law context, St. Kitts and Nevis shared a lot of commonality with several of the Organisation of Eastern Caribbean States (OECS) where the criminal law was outdated and a major overhaul of the law was long overdue. The inadequacies in the law were reflected in both the substantive and procedural law relating in particular to child sexual abuse.

4. In 2006, the Economic Commission for Latin America and the Caribbean (ECLAC) reported that, in 1999, CRC expressed deep concern regarding the low legal age for criminal responsibility (8 years) and that the Prevention of Cruelty and Protection of Juveniles Clause of the Juvenile Act did not provide special protection for children between the ages of 16 to 18 years.

6. In 1999, CRC recommended that St. Kitts and Nevis introduce a comprehensive system of data collection incorporating all the areas covered by the Convention and all children up to the age of 18 years, with specific emphasis on those who are particularly vulnerable, including children with disabilities, children living in poverty, children in the juvenile justice system, children of single–parent families, children born out of wedlock, sexually abused children and institutionalized children.

7. CRC was concerned that St. Kitts and Nevis had not yet elaborated a National Plan of Action for Children and encouraged the State to consider the implementation of such a plan that included a rights-based, rather than an exclusively welfare-focused, approach.

8. In 2002, the Committee on the Elimination of Discrimination against Women (CEDAW) urged St. Kitts and Nevis to increase its efforts to create awareness in society about the need to change stereotyped and discriminatory attitudes concerning the role of women and girls, including through specific programmes directed towards boys and men, in particular to promote the idea of shared parental responsibility.

9. UNICEF reported that the proportion of female–headed households in St. Kitts and Nevis in 2007 was 45 per cent. In 2002, CEDAW was particularly concerned that, although women had a higher level of education than men, this had not been translated into promotion of women to senior posts in the public and private sectors and/or increased economic returns for women, who continued to be concentrated mainly in the informal sector and in the jobs that paid the least.

13. A 2009 UNICEF report indicated that St Kitts and Nevis was affected by the transhipment of drugs, which was a contributing factor to the involvement of adolescents in gangs and the handling of drugs, small arms and light weapons. UNICEF, also in 2009, stated that, between 1990 and 1998 alone, crimes committed by juveniles had risen from 1.2 per cent to 17 per cent of all crimes and the rate was still rising.

15. Although welcoming the legislation adopted and programmes implemented to prevent violence against women, in 2002, CEDAW expressed concern about the persistent high level of violence, particularly domestic violence; the high incidence of sexual abuse of girls particularly by older men; 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.

16. In 2009, UNICEF reported that, on average, 200 cases of child abuse are reported to the Child Protection Services yearly. These comprise child neglect (62 per cent), physical abuse (20 per cent), sexual abuse (8 per cent), issues of access to children (5 per cent), maintenance of children (4 per cent) and abandonment (1 per cent).27 In a 2010 UNICEF report on child sexual abuse, focus groups in St. Kitts and Nevis stated that the most significant incidence of abuse of children was by stepfathers or the mother's boyfriends; and that women and their daughters often depend financially on men for their survival, whether it is the mother's partner or another adult male. UNICEF in 2007 provided information on its support to the Government in the creation of a child abuse protocol.

17. In 2010, the ILO Committee of Experts pointed out that section 4 of the Probation and Child Welfare Board Act of 1994 did not prohibit the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances and requested the Government to indicate the measures taken or envisaged to secure such a prohibition. In 2002, CEDAW encouraged St. Kitts and Nevis, inter alia, to formulate a broad strategy against trafficking and prostitution.

18. In 1999, CRC expressed concern about the high incidence of drug and substance abuse among youth and recommended that the Government take all appropriate measures to protect children from the illicit use of narcotic drugs and psychotropic substances and to prevent the use of children in the illicit production and trafficking of such substances.

19. CRC remained gravely concerned that corporal punishment was still widely practised and recommended that St Kitts and Nevis take all appropriate measures to prohibit it.

20. UNICEF in 2009 reported that, in St. Kitts and Nevis, diversion of youth from the court and custodial systems was being practised informally, but was in need of expansion and more professional capacity.

21. In 1999, CRC remained gravely concerned that the Corporal Punishment Act (1967) continued to empower the magistrate's court to order a juvenile convicted of an offence to be "whipped".

23. A 2007 Pan American Health Organization (PAHO) report referred to data from the 2004 and 2005 Maternity Ward Birth Registers which showed marriage rates of 20 per cent in St. Kitts and 35 per cent in Nevis. UNICEF in 2009 explained that the region is characterized by high rates of non-resident fathers and data from the 1990s suggested that 29 per cent of families in St. Kitts had fathers residing in the households.39 In 1999, CRC noted the large number of single-parent families and the impact on children and recommended that St. Kitts and Nevis undertake a study on the impact (both financial and psychological) of "visiting relationships" on children. In 2002, CEDAW urged St. Kitts and Nevis to take adequate legislative measures to make it easier for women to obtain child support and access to legal aid. In 1999, CRC recommended that efforts be made to ensure the recovery of maintenance for children from parents who emigrate.

24. While noting a decline in the overall number of children deprived of a family environment, CRC, in 1999, recommended that St. Kitts and Nevis undertake a study to assess the situation of boys within the family environment and their susceptibility to placement in alternative and/or foster care.

27. In 2009, UNICEF reported that, in St. Kitts and Nevis, generally participation among children and adolescents was not widely promoted and there were very few formal mechanisms in schools for adolescents to participate in school governance or assume leadership in extra-curricular activities.

29. A 2007 PAHO report referred to the St. Kitts and Nevis 2000 Poverty Assessment Survey, which showed that in St. Kitts 56 per cent of the poor were female and 57 per cent of the working poor had no secondary education certification. In Nevis, 26 per cent of the poor were female and 37 per cent of the working poor had no secondary education certification. UNICEF in 2009 stated that intergenerational social inequality was strongly affecting children's rights. The island had the highest OECS level of child representation amongst the poor with 46.2 per cent of children under 15 and 66.3 per cent under 24.

32. CEDAW expressed concern about the high rate of teenage pregnancy, with UNICEF reporting that 19 per cent of live births in 2005 were to a teen mother. CEDAW urged the State to intensify awareness–raising and sexual education aimed at responsible sexual behaviour in the schools and society at large in order to prevent pregnancies. It recommended that men be involved in the design and implementation of all family planning strategies, polities and programmes.

33. In 2009, UNICEF reported that the lack of a population–based sero-prevalence study prevents accurate estimates of the incidence of HIV among young people, and the need for programmes which educate adolescents on HIV prevention is critical. UNICEF also stated that a 2008 study revealed that only 21.1 per cent of sexually active adolescents used a condom every time they had sex and that adolescents most commonly mentioned that they were too embarrassed to buy a condom in a store.

34. CRC expressed concern at the absence of legal protection, the lack of adequate facilities and services for children with disabilities and that insufficient efforts had been made to facilitate the inclusion of children with disabilities into the educational system and generally within society.

35. In 2010, the ILO Committee of Experts noted that the Education Act of 1975 provided for free basic education for all children from ages 5 to 16 and recalled the concluding observations of 1999 made by CRC about the high drop-out rate of males in the upper grades of primary school, the poor reading ability of primary-school males and the high incidence of truancy. The Committee of Experts stated that laws and regulations making school attendance compulsory for all children makes a major contribution to eliminating the worst forms of child labour and requested the Government to provide information on the effective and time-bound measures taken for this purpose. In 1999, CRC recommended that St. Kitts and Nevis 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; seek to implement additional measures to encourage children, especially boys, to stay in school, particularly during the period of compulsory education.

36. CRC was concerned that the policy which allowed teenage mothers to re-enter the educational system had not been equally implemented in both islands.

40. In 2009, UNICEF stressed that the country was highly vulnerable to external social, environmental and economic shocks and suffering from high public deficits limiting the country's responsiveness to social investment needs. In 2010, ECLAC reported that the country did not have a National Sustainable Development Strategy.

41. CRC appreciated the State's initiatives within the school environment. It welcomed the establishment of a school nutrition programme for children enrolled at the primary level; the provision of school uniforms for children whose parents are not able to afford environment them; the efforts to ensure 100 per cent placement at the secondary level; and the policy that allows for the readmission of teenage mothers into the regular school system.

42. CRC noted the efforts of the State in the area of primary health-care services: in particular, the achievement of 100 per cent immunization as well as relatively low malnutrition and infant and maternal mortality rates; and the introduction of programmes for free medical and dental care for all children of school age (up to 16 years)

41. CRC appreciated the State's initiatives within the school environment. It welcomed the establishment of a school nutrition programme for children enrolled at the primary level; the provision of school uniforms for children whose parents are not able to afford them; the efforts to ensure 100 per cent placement at the secondary level; and the policy that allows for the readmission of teenage mothers into the regular school system.

42. CRC noted the efforts of the State in the area of primary health-care services: in particular, the achievement of 100 per cent immunization as well as relatively low malnutrition and infant and maternal mortality rates; and the introduction of programmes for free medical and dental care for all children of school age (up to 16 years).

43. In 2002, CEDAW noted that one of the main obstacles to the full implementation of the Convention has been the hurricanes which in 1998 destroyed 85 per cent of the housing stock. In 2009, UNICEF reported that the most recent hurricanes, Omar (2008) and Dean (2007) left widespread flooding, especially for those living on the coastal areas.

44. In 1999, CRC noted that the limited availability of skilled human resources compounded by the high rate of emigration adversely affected the full implementation of the Convention. In 2005, ECLAC indicated that St. Kitts and Nevis had been one of the Caribbean countries losing a considerable number of its professionals in health and education.

Stakeholders Compilation

5. The Global Initiative to End All Corporal Punishment of Children (GIEACPC) noted that corporal punishment is lawful in the home. Provisions against violence and abuse in the Probation and Child Welfare Act (1994) are not interpreted as prohibiting corporal punishment in childrearing. GIEACPC also noted that the Organisation of Eastern Caribbean States (OECS, of which St. Kitts and Nevis is a member) has drafted a number of "model" bills for states in the region, including a Children (Care and Adoption) Bill (2007) which is under consideration by the attorney-general in St Kitts and Nevis. The Bill protects children from "abuse" but does not prohibit corporal punishment.

6. GIEACPC indicated that corporal punishment is also lawful in schools under the Education Act (2005), the Corporal Punishment Act (1967) and the common law disciplinary power of teachers. GIEACPC added that corporal punishment is lawful in alternative care settings, and is not prohibited in the Children (Care and Adoption) Bill.

7. GIEACPC also noted that in the penal system, corporal punishment is lawful as a sentence for crime. The Magistrate's Code of Procedure (1961) allows a magistrate to order the private whipping of a child (under 14) or young person (under 16) by a policeman, in the presence of certain officials and the child's parent or guardian (article 100). The Corporal Punishment Act also applies. Corporal punishment may be carried out only after medical examination and under the supervision of a prison official. GIAECPC stressed that there is no prohibition of corporal punishment as a disciplinary measure in penal institutions. The Child Justice Bill (2007) drafter by the OECS does not include corporal punishment among permitted sentences, but does not prohibit its use as a disciplinary measure.

8. GIEACPC urged the Government to ensure that current legal reforms explicitly prohibit all corporal punishment of children and repeal the Corporal Punishment Act and other legal provisions authorising whipping of children. In that regard, GIEACPC referred to the relevant conclusions of the Committee on the Rights of the Child contained in CRC/15/Add/104, paras. 20 and 32.

Accepted and Rejected Recommendations

The following recommendations were accepted:

A - 75.1. Ratify the Optional Protocol to CRC on the sale of children, child prostitution and child pornography (Hungary)

A - 75.3. Review its current legislation in order to bring it fully in line with the principles and provisions of CRC and accede to its two Optional Protocols (Guatemala)

A - 75.4. Adopt new child protection legislation as soon as the consultative process can be concluded (Canada)

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)

A - 75.10. Intensify awareness-raising relating to teenage pregnancy and sexual education (Norway)

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)

A - 75.18. Continue training programmes in order to educate youth on issues regarding equal treatment of men and women in order to secure the health and safety of women (Norway)

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)

A - 75.26. Further adopt policies and legislation to combat discrimination and violence against women and children, particularly domestic and sexual violence (Brazil)

A - 75.27. With support from the international community, draft legislative bills on domestic violence, and on child abuse (Maldives)

A - 75.30. Adopt and implement appropriate, efficient measures to combat child prostitution and pornography, including the ratification of the Optional Protocol to CRC on the sale of children, child prostitution and child pornography (Slovakia)

A - 75.33. Ensure the separation of juvenile convicts from adult inmates (Slovakia)

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)

A - 75.35. Modernize 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)

The following recommendations are pending or no clear decision was taken:

P - 76.37. Implement further policies to ensure gender equality throughout society and the promotion of the rights of women and children (South Africa)

P - 76.38. Carry forward a national awareness-raising campaign which includes mechanisms to facilitate the access of women to justice, the establishment of specialized courts, comprehensive care services for victims and national programmes to combat stereotyping of women and girls, including at the level of formal and informal education (Uruguay)

P - 76.41. Adequately sanction with severe penalties crimes of rape and sexual abuse; establish specialized 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)

P - 76.43. Outlaw corporal punishment in the context of juvenile justice, school education and at home (Germany)

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)

P - 76.45. Revise the legal age for criminal responsibility (Trinidad and Tobago)

P - 76.46. Increase the legal age of criminal responsibility from 8 years (Hungary)

P - 76.47. Raise the minimum age of criminal responsibility to comply with international standards (Slovakia)

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)

No recommendations were rejected.

Web: 
http://www.crin.org/resources/infoDetail.asp?ID=23893&flag=report

Please note that these reports are hosted by CRIN as a resource for Child Rights campaigners, researchers and other interested parties. Unless otherwise stated, they are not the work of CRIN and their inclusion in our database does not necessarily signify endorsement or agreement with their content by CRIN.