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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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Child labour
Violence against children
Corporal punishment
Low age of criminal responsibility
Use of detention for children and detention of children with adults
Inadequate juvenile justice system
Early marriage
Inadequate response to use of illicit drugs by children
High rate of teenage pregnancy and inadequate reproductive health education
Inadequate education provision for children
Discrimination against children with disabilities
Discrimination against children on the basis of race
Inadequate data collection on children's rights issues

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Child labour

UN Committee on the Rights of the Child (Concluding Observations, June 2002)

The Committee:

(a) Is concerned at the child labour situation;

(b) Joins the State party in expressing concern that existing legislation with regard to working children is outdated and provides insufficient protection to children;

The Committee recommends that the State party:

(a) Undertake a survey to assess the scope and nature of child labour in all sectors;

(b) Conduct a review of legislation with regard to working children and amend it to ensure its compatibility with the principles and provisions of the Convention, and adopt and implement ILO Convention No. 138 concerning the Minimum Age for Admission to Employment;

(c) Take action to implement all legislation and policies relevant to addressing child labour concerns and protecting the rights of children in the context of their economic exploitation. (Paragraphs 44 and 45)

UN Committee on Economic, Social and Cultural Rights
Last reported: 28 November 1997
Concluding Observations issued: 2 December 2007

[T]he 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).

Universal Periodic Review (May 2011)

P - 78.20. Raise the minimum age for employment from 14 to 16, so that it conforms with the age of completion of compulsory education (Trinidad and Tobago); (pending)

P - 78.25. In accordance with the observations of the International Labour Organisation, raise to 16 the minimum age for employment, with a view to harmonising it with the age of completion of compulsory school education, and thus combat both the phenomenon of children dropping out of school as well as child labour (Honduras); (pending)
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Violence against children

UN Committee on the Elimination of Discrimination against Women
Last reported: 16 and 17 January 1997
Concluding Observations issued: 31 January 1997

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).

Universal Periodic Review (May 2011)

A - 76.21. Take further measures to prevent and combat violence against children and women (Brazil); (accepted)

A - 76.23. Take all the necessary measures to combat violence and discrimination against children (France); (accepted)

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Corporal punishment

UN Committee on the Rights of the Child (Concluding Observations, June 2002)

The Committee is deeply concerned that corporal punishment is widely practised in schools, in the administration of justice, in other institutions and within the family, and that it is regulated by law and used against children from an early age.

The Committee recommends that the State party urgently:

(a) Prohibit through legislative and administrative provisions the use of corporal punishment in all contexts, including in schools, in the administration of justice, in other institutions and within the family;

(b) Make use of information and education campaigns to sensitise parents, professionals working with children and the public in general to the harm caused by corporal punishment and to the importance of alternative, non-violent, forms of discipline, as provided for in article 28.2 of the Convention.

(h) The Corporal Punishment of Juveniles Act allows for the caning of juveniles who have been found guilty of crime. (Paragraphs 28 and 29)

Universal Periodic Review (May 2011)

R - 79.9. Prohibit corporal punishment at school, at home and in public institutions for children and in the context of the administration of justice (France); (rejected)

R - 79.10. Adopt pertinent legislative measures to prohibit all forms of corporal punishment against children and adolescents in any situation (Uruguay); (rejected)

R - 79.11. Amend legislation to prohibit the caning of minors (Belgium); (rejected)

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Low age of criminal responsibility

UN Committee on the Rights of the Child (Concluding Observations, June 2002)

While recognising the State party's efforts in this domain the Committee remains concerned that:

(a) The age of criminal responsibility, fixed at 8 years of age, is too low and that juvenile justice protections are not afforded to all persons under the age of 18;

The Committee recommends that the State party:

(a) Significantly raise the age of criminal responsibility and ensure that all children under the age of 18 benefit from the special protection measures recognised by juvenile justice standards; (Paragraphs 52 and 53)

Universal Periodic Review (May 2011)

P - 78.21. Raise the age of criminal responsibility in compliance with international standards (Slovakia); and ensure that only the juvenile justice system deals with cases of children under 18 years (Uruguay); (pending)
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Use of detention and detention of children with adults

UN Committee on the Rights of the Child (Concluding Observations, June 2002)

While recognising the State party's efforts in this domain the Committee remains concerned that:

(c) Children are sometimes forced by the police to confess to criminal offences when they are held in custody at police stations, and are sometimes subject to ill-treatment;

(d) Juveniles are not usually deprived of their liberty as a “last resort” and, because legislation does not provide a sufficient range of sentencing alternatives to deprivation of liberty, juveniles and young people, especially from 16 years upwards, are sometimes sent to prison when a lesser punishment could have been applied;

(e) Children who have been charged are detained with adult persons charged with crimes, in police stations and for long periods of time, because there are no juvenile criminal detention facilities;

(g) There is no institution used exclusively for children where children purging a prison sentence can be sent, that the “Approved Schools” provided for in the Juvenile Act do not exist and that, as a consequence, convicted children over 16 are sent to adult prison;

The Committee recommends that the State party:

(c) Ensure that deprivation of liberty is used only as a last resort and that provision is made for adequate alternatives to deprivation of liberty, such as community service orders;

(d) Ensure the protection of child detainees from ill-treatment and/or being forced to make confessions by the police;

(e) Establish a system through which children who are detained or imprisoned are separated from adults, and establish alternative institutions to prisons, suited to the education and rehabilitation of delinquents;

(g) In this regard and in the light of the Committee’s day of discussion on juvenile justice, develop mechanisms and provide adequate resources to ensure the full implementation of juvenile justice standards, in particular articles 37, 40 and 39 of the Convention, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines);

(h) Seek assistance from, inter alia, the Office of the High Commissioner for Human Rights, the Centre for International Crime Prevention, the International Network on Juvenile Justice and UNICEF, through the Coordination Panel on Technical Advice and Assistance on Juvenile Justice. (Paragraphs 52 and 53)

Universal Periodic Review (May 2011)

A - 76.25. Take steps to ensure that prisoners under the age of 18 are housed separately from the general prison population (Canada); (accepted)

A - 77.11. Take appropriate steps to establish "Approved Schools" as provided for in the Juvenile Act with the aim of, inter alia, separating juveniles from adult offenders serving custodial sentences (Malaysia); (accepted)

A - 77.12. Finalise the child protection protocol and establish the "Approved Schools" for juveniles as provided for by Government in the Juvenile Act (Barbados); (accepted)

P - 78.22. Provide suitable, dedicated secure facilities for serious juvenile offenders, with greater training for personnel involved in their supervision, and meaningful alternatives to imprisonment for minor juvenile offenders (United Kingdom); (pending)

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Inadequate juvenile justice system

UN Committee on the Rights of the Child (Concluding Observations, June 2002)

While recognising the State party's efforts in this domain the Committee remains concerned that:

(b) With only very limited exceptions, the State party does not provide legal assistance to children, and that children from disadvantaged backgrounds are frequently left without such support;

(f) Children who are charged jointly with adults are tried in regular courts;

The Committee recommends that the State party:

(b) Ensure that all children benefit from free legal assistance in the context of juvenile justice proceedings;

Universal Periodic Review (May 2011)

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Early marriage

UN Committee on the Rights of the Child (Concluding Observations , June 2002)

The Committee is concerned that:

(a) A variety of different ages and related terms are applied to children within the State party and that these can lead to confusion with regard to the implementation of the Convention;

(b) The difference in the minimum legal age of marriage for girls (15) and boys (16) is discriminatory and both ages are low.

The Committee recommends that the State party:

(a) Clarify the ages and terms applied to children;

(b) Raise the minimum legal age of marriage of girls to the one of boys (16). (Paragraphs 17 and 18)

Universal Periodic Review (May 2011)

P - 78.23. Raise the minimum age for marriage of both sexes to bring it in line with international standards (Ecuador);

P - 78.24. Address the concerns of UNICEF that discrimination persists in the law relating to marriage as regards the minimum legal age of marriage, which is 15 for girls and 16 for boys; these ages are too low in both cases, according to UNICEF (Haiti); (pending)

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Inadequate response to use of illicit drugs by children

UN Committee on the Rights of the Child (Concluding Observations, June 2002)

The Committee is concerned that:

(a) The illicit use of drugs and substances by children is increasing, including the use of crack cocaine and marijuana, as well as other substances, and that some of the children abusing drugs and using substances are placed, for this reason, in mental health institutions;

(b) The State party lacks adequate data and treatment programmes in this regard.

The Committee recommends that the State party:

(a) Undertake a survey on the scope of substance abuse by children, including the collection of data;

(b) Take action to combat substance abuse by children, including through public education campaigns, and ensure that child drug and substance abusers are not placed in mental institutions unnecessarily and have access to effective structures and procedures for treatment, counselling, recovery and reintegration. (Paragraphs 50 and 51)

Universal Periodic Review (May 2011)

A - 76.24. Intensify ongoing efforts to eradicate the illicit use of drugs and other psychotropic substances, especially among juveniles (Trinidad and Tobago); (accepted)

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High rate of teenage pregnancy and inadequate reproductive health education
UN Committee on the Rights of the Child (Concluding Observations, June 2002)

The Committee is concerned that:

(a) Adolescents face health risks, including from sexual exploitation, maltreatment, drug and alcohol abuse, and HIV/AIDS;

(b) The rate of teenage pregnancy is high.

The Committee recommends that the State party:

(a) Increase its efforts to promote adolescent health, including mental health, policies, particularly with respect to reproductive health and substance abuse and health education in schools, ensuring the full participation of adolescents;

(b) Consider means of reducing teenage pregnancy, including strengthening reproductive health education for adolescents, and ensure the provision of full health and counselling support for pregnant girls and that these girls are able to continue their formal education. (Paragraphs 40 and 41)

UN Committee on Economic, Social and Cultural Rights
Last reported: 28 November 1997
Concluding Observations issued: 2 December 2007

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).

Universal Periodic Review (May 2011)

A - 76.32. Increase the efforts to promote adolescent health, particularly with respect to reproductive health in order to combat teenage pregnancy (Norway); (accepted)

A - 77.13. Promote prevention and assistance policies in the area of reproductive health, in particular for adolescents (Mexico); (accepted)

A - 77.14. Increase efforts to provide medical support for children and promote adolescent health policies with respect to reproductive health (Hungary); (accepted)

A - 77.15. Ensure adequate health and counselling support for adolescent mothers and take further steps to encourage the girls' return to school upon delivering their child (Norway); (accepted)

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Inadequate education provision for children
UN Committee on the Rights of the Child (Concluding Observations, June 2002)

While noting the significant increase in the numbers of pre schools for children between the ages of 3 and 5 and efforts to set minimum standards for these schools, and noting also the increase in the proportion of trained teachers in primary and secondary schools (as indicated in the replies to the list of issues), the Committee remains concerned that:

(a) Pre schools are not regulated by the Government, buildings are insufficiently equipped and personnel inadequately trained;

(b) The proportion of untrained teachers in primary schools remains high approximately 25 per cent of the total;

(d) The number of children passing the secondary school entrance examination is extremely low;

(e) Children have insufficient access to books and other reading materials.

The Committee recommends that the State party:

(a) Adopt legislation regulating pre schools, including with regard to the standards of buildings and other facilities and the training of staff, and continue its current efforts in this regard;

(b) Continue the progress made so far in providing training for primary school teachers;

(c) Follow through with its commitment, as expressed by the delegation, to enforce compulsory education requirements from September 2002 and to consider raising the age of compulsory education from 14 to 16;
(d) Review the system of secondary school entrance examinations and take action to address problems identified, with a view, inter alia, to raising significantly the numbers of children graduating from primary to secondary school;
(e) In the light of the Committee’s General Comment on article 29.1 of the Convention and the aims of education (CRC/GC/2001/1), take measures to strengthen the accessibility, quality and management of schools and take action to address problems identified;
(f) Continue its ongoing efforts to increase the computerisation of schools, and ensure that all children have access to appropriate books and other reading materials;
(g) Seek technical assistance from UNICEF and UNESCO in this regard.

UN Committee on Economic, Social and Cultural Rights
Last reported: 28 November 1997
Concluding Observations issued: 2 December 2007

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 organisations 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).

Universal Periodic Review (May 2011)

A - 77.16. Redouble efforts to prevent school dropout and promote school enrolment in the rural areas (Mexico).

A- 76.33. With international cooperation and technical assistance, continue strengthening its education policy with a view to provide a comprehensive education that responds to the needs of its people, as the only means to advance towards full development, in conditions that guarantee full equality and the inclusion of the most vulnerable sectors of the population (Bolivarian Republic of Venezuela). (accepted)

P - 78.20. Raise the minimum age for employment from 14 to 16, so that it conforms with the age of completion of compulsory education (Trinidad and Tobago); (pending)

Discrimination against children with disabilities
UN Committee on the Rights of the Child (Concluding Observations, June 2002)

The Committee is concerned that:

(a) The Constitution of Saint Vincent and the Grenadines does not fully reflect the provisions of article 2 of the Convention and, in particular, does not specifically prohibit discrimination on the grounds of language, national, ethnic or social origin, property, disability, birth or other status;

(b) With reference, inter alia, to the findings of the Committee on the Elimination of Racial Discrimination, there are occurrences of racial discrimination affecting children, including the children of some minorities, such as the Amerindians and Asians, who form a disproportionate proportion of the population with lower-income levels;

(c) Children with disabilities are de facto discriminated against by the absence of specific legislation to cater for their special needs and to provide them with appropriate facilities, and by the absence of effective policies and programmes to facilitate their integration into regular schools;

(d) Children who are known to be infected with HIV/AIDS are discriminated against at school by some teachers.

The Committee recommends that the State party:

(a) Amend its legislation, including the Constitution, to ensure that it fully corresponds with the provisions of article 2 of the Convention and to ensure the full implementation of non-discrimination provisions, giving special attention to children infected or affected by HIV/AIDS, to children with disabilities and to racial discrimination;
(b) Adopt legislation providing for the protection of the rights of children with disabilities, including with regard to the provision of special services and facilities for children in need of such support.

The Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and taking account of General Comment No. 1 on article 29.1 of the Convention (aims of education). (Paragraphs 19 to 21)

Universal Periodic Review (May 2011)

A - 76.11. Implement inclusive education programming for students with disabilities in the general education system (United States); (accepted)

A - 76.12. Implement public policies to improve the human rights situation of persons, particularly children, with disabilities, to allow this sector of the population to participate in the economic, social and cultural life on an equal basis (Ecuador); (accepted)

R - 78.16. Take steps to combat racial discrimination encountered by children belonging to certain minorities and adopt legislation to combat discrimination experienced by children living with disabilities since there is no specific legislation in this area (Haiti); (rejected)

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Discrimination against children on the basis of race

UN Committee on the Rights of the Child (Concluding Observations, June 2002)

The Committee is concerned that:

The Committee recommends that the State party:

(b) Adopt legislation providing for the protection of the rights of children with disabilities, including with regard to the provision of special services and facilities for children in need of such support.

Universal Periodic Review (May 2011)

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Inadequate data collection on children's rights issues

UN Committee on the Rights of the Child (Concluding Observations, June 2002)

The Committee joins the State party (as indicated in the replies to the list of issues) in expressing concern at the lack of an adequate data collection mechanism and the absence of up-to-date, comprehensive and accurate data.

The Committee urges the State party to:

(a) Establish an effective mechanism for the systematic collection of disaggregated quantitative and qualitative data incorporating all the areas covered by the Convention and covering all children below the age of 18 years;

(b) Make use of indicators and data in the formulation of policies and programmes for the effective implementation of the Convention;

Universal Periodic Review (May 2011)

A - 77.4. Undertake the measures necessary to increase the statistical capacity on the situation of children in the country, to facilitate the development of adequate policies (Uruguay); (accepted)

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