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Summary:

The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.

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Trafficking and sexual exploitation of children
Early marriage
Low minimum age of criminal responsibility
Corporal punishment
Discrimination against girls in access to education
Inadequate response to HIV and AIDS
Inadequate response to poverty, particularly affecting children from indigenous backgrounds
Failure to ensure registration of births

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Trafficking and sexual exploitation of children

UN Committee on the Rights of the Child (Concluding Observations, March 2005)

The Committee welcomes the adoption in 2003 of the Trafficking in Persons (Prohibition) Act, which provides special protection for children, and the subsequent establishment of a special Task Force to give greater effect to the implementation of the Act, and notes the State party’s efforts to combat sexual exploitation of children, for instance, through the “Stamp Out Child Abuse” campaign. Notwithstanding these positive steps taken by the State party, the Committee is concerned about the sexual exploitation of children, child pornography and trafficking of children in Belize and draws attention to the existing risk factors, such as the growing tourism.

The Committee also notes with concern that the sex offence legislation of the State party is discriminatory, leaving boys without equal legal protection from sexual assault and abuse. Furthermore, the reported cases of the so called “sugar daddies”, adult men having sexual liaison with girls and providing both girls and their families with monetary and material benefits in exchange for sex, give rise to serious concerns.

The Committee recommends that the State party continue and strengthen its efforts:

(a) To conduct a comprehensive study to assess the causes, nature and extent of trafficking and commercial sexual exploitation of children;

(b) To take all necessary measures to effectively prevent, and protect all children from, trafficking, sexual exploitation and child pornography, including through implementing the Trafficking in Persons (Prohibition) Act, and to provide the recently established Task Force with adequate financial, human and technical resources;

(c) To develop adequate systems of prevention and early detection and investigation of cases of sexual exploitation and ensure that perpetrators are prosecuted;

(d) To provide adequate programmes of assistance and reintegration for sexually exploited and/or trafficked children in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children;

(e) To critically review its sex offence legislation in order to ensure equal legal protection from sexual assault and abuse for girls and boys;

(f) To pay particular attention to the phenomenon of the so called “sugar daddies” and existing risk factors, such as the growing tourism in the region, and to take all necessary preventive measures, in close cooperation with the tourism industry, in this respect;

(g) To introduce awareness raising campaigns for children, parents and other caregivers, in order to prevent trafficking, sexual exploitation and pornography involving children, and to strengthen its cooperation with NGOs in this respect. (Paragraphs 67 to 69)

UN Committee on the Elimination of Discrimination against Women
Last reported: 24 July 2007
Concluding Observations issued: 10 August 2010

While the Committee notes the enactment of the Trafficking in Persons (Prohibition) Act in 2003, the Committee is concerned that Belize is becoming a destination country for trafficked women from El Salvador, Guatemala, Honduras and Nicaragua. The Committee is also concerned about the lack of information regarding the extent of trafficking and exploitation of prostitution in the country, and the potential negative impact that increased tourism could have on the incidence of prostitution and trafficking.

The Committee calls upon the State party to ensure that legislation on trafficking is fully enforced. It recommends that the State party address the root cause of trafficking and exploitation of prostitution by increasing its efforts to improve the economic situation of women, thereby eliminating their vulnerability to exploitation and traffickers, and take measures for the rehabilitation and social integration of women and girls who are victims of trafficking and exploitation of prostitution. It recommends that the State party further strengthen bilateral, subregional and multilateral cooperation to combat trafficking. The Committee recommends that the State party closely monitor the impact of increased tourism on prostitution and enhance related prevention measures. (Paragraphs 21 and 22)

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Early marriage

UN Committee on the Rights of the Child (Concluding Observations, March 2005)

The Committee is deeply concerned about the practice of early marriages and the low minimum age for marriage (14 years).

The Committee recommends that the State party continue and strengthen its efforts:

(c) to raise the minimum legal age for marriage for both girls and boys and to undertake awareness-raising campaigns concerning the many very negative consequences resulting from early marriages in order to reduce and prevent this practice; (Paragraphs 23 and 24)

UN Committee on the Elimination of Discrimination against Women
Last reported: 24 July 2007
Concluding Observations issued: 10 August 2010

The Committee is concerned that, with the consent of the parents, the legal age of marriage is 16 years. The Committee also notes with concern that a man who has sexual relations with a girl under the age of 16 can, with the consent of her parents, marry her without being prosecuted for carnal knowledge.

The Committee calls upon the State party to raise the minimum age of marriage to 18 years, in accordance with article 16, paragraph 2, of the Convention, general recommendation 21 and the Convention on the Rights of the Child. (Paragraphs 31 and 32).

Universal Periodic Review (May 2009)

68. 2. Increase the age of criminal responsibility and the minimum age for marriage so that they comply with international standards (Czech Republic); change the legislation to raise the age limit for criminal responsibility to eighteen (Germany); (rejected)

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Low minimum age of criminal responsibility

UN Committee on the Rights of the Child (Concluding Observations, March 2005)

The Committee is deeply concerned about … the low minimum age of … criminal liability (7 years).

The Committee recommends that the State party continue and strengthen its efforts:

(a) To raise the minimum age of criminal responsibility to an internationally acceptable level; (Paragraphs 23 and 24)

While noting with appreciation the establishment of the Community Rehabilitation Department in 2001, the Committee reiterates its serious concern at the low minimum legal age of criminal responsibility and the large number of children in detention.

The Committee recommends that the State party establish a system of juvenile justice that fully integrates into its legislation, policies and practice the provisions and principles of the Convention, in particular articles 37, 39 and 40, and other relevant international standards in this area, such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty and the Vienna Guidelines for Action on Children in the Criminal Justice System, in the light of the Day of General Discussion on the Administration of Juvenile Justice, held by the Committee in 1995. In this regard, the State party is recommended to take measures, in particular:

(b) To raise the minimum age of criminal responsibility to an internationally accepted level; (Paragraphs 70 and 71)

Universal Periodic Review (May 2009)

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Corporal punishment

UN Committee on the Rights of the Child (Concluding Observations, March 2005)

While noting the awareness raising campaigns and the promotion of alternative methods of discipline, the Committee reiterates its deep concern that corporal punishment is still frequently practised in the family, in schools and in other institutions, that domestic legislation does not prohibit the use of corporal punishment and that the provisions of the Criminal Code and the Education Act legitimise the use of it.

The Committee, reiterating its previous recommendation, urges the State party:

(a) To critically review its current legislation with a view to abolishing the use of force for the purpose of correction and to introduce new legislation prohibiting all forms of corporal punishment of children in the family and within all institutions, including schools and the alternative care system;

(b) To extend and strengthen public education and social mobilisation campaigns on alternative non violent forms of discipline and child rearing, with the participation of children, in order to change public attitudes to corporal punishment and to strengthen its cooperation with the NGOs in this respect;

Universal Periodic Review (May 2009)

29. Consider the adoption of measures commensurate with international standards on the subject and the launching of public campaigns about non-violent forms of discipline (Argentina); (accepted)

30. Review its legislation with a view to prohibiting all forms of corporal punishment of children (Slovenia); (accepted)

7. Abolish corporal punishment for children (Germany); (rejected)

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Discrimination against girls in access to education

UN Committee on the Rights of the Child (Concluding Observations, March 2005)

The Committee is concerned at the discrepancies in the implementation of national policies and principles on education in public and private schools, including the church based schools.With respect to the treatment of pregnant students and teenage mothers in schools, the Committee expresses its grave concern that the State party does not have a policy to prevent and combat the school based practices of educational exclusion of these students.The Committee is also concerned about the quality of education and the insufficient teacher training, particularly in the most remote areas of the country.

The Committee recommends that the State party allocate adequate financial, technical and human resources in order:

(b) To progressively ensure that all children, without any distinction as to gender or ethnic origin, from all areas of the country, have equal access to compulsory and free quality primary education, without any financial obstacles;

(c) To conduct a study to assess the causes, nature and extent of school dropouts and to strengthen its efforts to adopt and implement effective measures to prevent and reduce school dropout rates;

(d) To pay special attention to the needs of children belonging to vulnerable groups, including girls, migrant children, working children, children living in poverty, children deprived of their liberty, children belonging to minorities and indigenous children, in order to safeguard their right to education at all levels;

(e) To address the educational needs of pregnant students and teenage mothers in schools and to introduce a national policy on equal treatment of all students in respect of their right to education at all levels; (Paragraphs 61 and 62)

UN Committee on the Elimination of Discrimination against Women
Last reported: 24 July 2007
Concluding Observations issued: 10 August 2010

The Committee is concerned about the persistence of social barriers that impede women's education and are reflected in the early dropout rate of girls from school and the lack of measures to ensure that teenage mothers stay in or return to school. The Committee reiterates its concern about the influence of the church on girls' and young women's right to education. In that regard, the Committee repeats its concern that schools remain free to expel girls because of pregnancy, that only a few secondary schools allow girls to continue their education after pregnancy and that schools are allowed to dismiss unwed teachers who become pregnant. It is also concerned that insufficient efforts are being made to encourage girls and young women to enter traditionally male-dominated fields of study.

The Committee recommends that the State party implement measures to ensure equal rights of girls and young women to all levels of education, to retain girls in school and to put in place monitoring mechanisms to track girls' access to and achievement levels in education. The Committee recommends that the State party put in place measures, including monitoring mechanisms and sanctions, to ensure that pregnant students stay in school during pregnancy and return after childbirth. The Committee calls on the State party to formulate the necessary legislative and policy measures to ensure de facto adherence to article 10 of the Convention throughout the entire educational system. It also encourages the State party to actively promote the diversification of educational and professional choices for women and men and offer incentives for young women to enter traditionally male-dominated fields of study. (Paragraphs 23 and 24)

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Inadequate response to HIV and AIDS

UN Committee on the Rights of the Child (Concluding Observations, March 2005)

The Committee welcomes the National Strategy on HIV/AIDS and free and universal access to voluntary testing, counselling and anti retroviral drugs. Nevertheless, it remains deeply concerned at the very high incidence of HIV/AIDS in the State party and the adverse consequences suffered by children infected with or affected by HIV/AIDS. The Committee notes with concern the limited availability of preventive programmes and awareness raising campaigns on HIV/AIDS. The Committee notes that the State party has conducted a rapid assessment of the situation of orphans and vulnerable children in 2004.

With reference to the need to implement the Committee’s general comment No. 3 (2003) on HIV/AIDS and the rights of the child (CRC/GC/2003/3) and the Guidelines on HIV/AIDS and Human Rights (E/CN.4/1997/37, annex I), the Committee recommends, in particular, that the State party:

(a) Strengthen its efforts to combat HIV/AIDS, including through preventive programmes and awareness raising campaigns, and to prevent discrimination against children infected with and affected by HIV/AIDS;

(b) Undertake a comprehensive study to assess the prevalence of HIV/AIDS, including the number of children infected with and affected by HIV/AIDS, and devise a comprehensive national plan of action for orphans and vulnerable children, including children infected with and affected by HIV/AIDS, using to the extent possible the results of this study and the rapid assessment of the situation of orphans and vulnerable children conducted in 2004;

(c) Ensure access to child sensitive and confidential counselling without parental consent when such counselling is required by a child;

(d) Continue to strengthen its efforts to prevent mother to child transmission of HIV;

(e) Seek international assistance from, among others, UNAIDS and UNICEF, to that effect. (Paragraphs 56 and 57)

UN Committee on the Elimination of Discrimination against Women
Last reported: 24 July 2007
Concluding Observations issued: 10 August 2010

The Committee expresses its concern about the high rates of HIV/AIDS among women and girls, and notes that HIV/AIDS-related illnesses are the leading cause of death among women between the ages of 15 and 49.

[.......] The Committee recommends that the State party give priority attention to the situation of adolescents and that it provide sex education, targeted at girls and boys, with special attention to the prevention of early pregnancies and sexually transmitted diseases. The Committee recommends that the State party step up its efforts to prevent and combat HIV/AIDS and improve the dissemination of information about the risks and ways of transmission. It also recommends that the State party include a gender perspective in its policies and programmes on HIV/AIDS. (Paragraphs 27 and 28).

Universal Periodic Review (May 2009)

15. Consider the possibility of eliminating the required parents’ consent for HIV testing for minors under the age of 16 (Argentina); (accepted)

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Inadequate response to poverty, particularly affecting children from indigenous backgrounds

UN Committee on the Rights of the Child (Concluding Observations, March 2005)

The Committee is concerned at the persistent high rate of children living in poverty, especially in rural areas. It notes the development and implementation of the National Poverty Reduction Strategy. The Committee also notes with appreciation the State party’s efforts to facilitate access to nutrition, including through implementing a Food and Nutrition Security Policy for Belize and the feeding programmes of primary schools.

The Committee recommends that the State party take all necessary measures to provide support and material assistance to economically disadvantaged families and to guarantee the right of children to an adequate standard of living. The Committee also recommends that the State party evaluate the impact of the Poverty Reduction Strategy on children and adolescents. The Committee further recommends that the State party increase its efforts to develop and implement the Food and Nutrition Security Policy for Belize and continue to implement the feeding programmes in primary schools. (Paragraphs 58 and 59)

With regard to children belonging to minorities and indigenous peoples, such as Maya and Garifuna children, the Committee is concerned about the widespread poverty among them and the limited enjoyment of their rights, particularly concerning their access to social and health services and education. The Committee notes with concern that it is generally difficult for girls belonging to minorities and indigenous peoples to be heard in society and that their right to participate and to be heard in proceedings affecting them is often limited.

The Committee recommends that the State party strengthen its efforts to improve the equal enjoyment of all rights of children belonging to minorities and indigenous peoples, in particular, by prioritising effective measures to reduce poverty among them. The Committee also recommends that the State party take measures to promote respect for the views of children, especially girls, belonging to minorities and indigenous peoples and facilitate their participation in all matters affecting them. (Paragraphs 72 and 73)

Universal Periodic Review (May 2009)

67. 8. Implement the recommendations of the Committee on the Rights of the Child to prioritise effective measures to reduce poverty among indigenous and minority children (Canada); (accepted)

26. Take further steps to guarantee the right of children to an adequate standard of living and ensure that children from economically disadvantaged backgrounds are not exploited or abused (Turkey); (accepted)

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Failure to ensure registration of births

UN Committee on the Rights of the Child (Concluding Observations, March 2005)

While noting the provisions of the Registration of Births and Deaths Act (chapter 157 of the Laws of Belize), which requires registering the birth of children, the Committee remains concerned about the shortcomings in the implementation of this Act and the concrete shortcomings in the birth registration system. The birth registration system should be equally accessible to all parents in the whole territory of the State party. The Committee is also concerned about the unregistered children in the State party and the consequences of non registration on access by children to education, health and other services.

The Committee recommends that the State party implement an efficient and at all stages free of charge birth registration system, which covers its territory fully, including through introducing mobile birth registration units and awareness raising campaigns to reach the most remote areas of its territory. The Committee requests the State party to pay particular attention to the need for improved access to an early birth registration by immigrant parents and parents whose children were born out of wedlock. In addition, the Committee recommends that the State party establish cooperation between the birth registration authority and maternity clinics and hospitals, midwives and traditional birth attendants in order to achieve better birth registration coverage in the country. Meanwhile, children whose births have not been registered and who are without official documentation should be allowed to access basic services, such as health and education, while waiting to be properly registered. (Paragraphs 32 and 33)

UN Committee on the Elimination of Discrimination against Women
Last reported: 24 July 2007
Concluding Observations issued: 10 August 2010

The Committee notes with concern the large number of children, especially girl children, who do not have birth registration documents and who consequently cannot claim nationality and social benefits in the State party.

The Committee calls upon the State party to expedite and facilitate the process of registration of children without documentation and issue them with birth certificates and identity documents. (Paragraphs 33 and 34)

Universal Periodic Review (May 2009)

17. Rectify possible shortcomings in the registration procedure for all newborn children (Czech Republic); (accepted)

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Last updated 25/05/2012 16:31:46

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BELIZE: Persistent violations of children's rights

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