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United Nations Committee on the Rights of the Child - States Parties Reports |
UNITED
NATIONS |
|
CRC
|
|
Convention on the Rights of the Child |
Distr. GENERAL CRC/C/41/Add.7 22 February 2000 Original: ENGLISH |
COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF
REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE
CONVENTION
Initial reports of States parties due in 1996
Addendum
OVERSEAS
DEPENDENT TERRITORIES AND CROWN DEPENDENCIES OF THE
UNITED KINGDOM OF GREAT
BRITAIN AND NORTHERN
IRELAND*[1]
[26 May 1999]
CONTENTS
Paragraphs Page
ANGUILLA 1
53 3
BERMUDA 54 129 13
BRITISH VIRGIN ISLANDS 130
185 36
CAYMAN ISLANDS 186 235 52
MONTSERRAT 236
291 65
PITCAIRN ISLAND 292 323 77
ST. HELENA AND ITS
DEPENDENCIES 324 449 82
TURKS AND CAICOS ISLANDS 450 511 105
ANGULLA
Introduction
1. The Convention on the Rights of the Child was
extended to Anguilla on 7 September 1994.
2. Information
relating to Anguilla is set out in annex I to the core document submitted by the
United Kingdom of Great Britain and
Northern Ireland in respect of Overseas
Dependent Territories and crown Dependencies on 14 September 1995
(HRI/CORE/1/Add.62). Particular
attention is drawn to the information on the
general legal framework and human rights contained in that annex.
3. On
ratification of the Convention, the United Kingdom made a number of reservations
in respect of itself and the dependent territories.
It is considered that it
would be premature to withdraw the reservations made by the United Kingdom
in respect of Anguilla.
General measures of implementation
4. Provision to safeguard the rights of children is
made under existing legislation. As noted in the core document, treaties do not
themselves have the force of internal law. No specific legislation has been
enacted to give effect to the Convention on the Rights
of the Child but
legislation to provide for matters dealt with in the Convention has been
included in the law reform programme, which
is to commence shortly.
Responsible authorities
5. The Departments of the Anguilla Government
responsible for matters relating to children are:
(a) The Department of
Health,
(b) The Department of Education, and
(c) The Community
Development and Welfare Department.
Publication of Convention and reports
6. Following the extension of the Convention to
Anguilla, the text of the Convention was circulated to all Ministries, the
Commissioner
of Police and the Superintendent of Prisons. The text was also
forwarded to the members of the House of Assembly and to the Librarian
of the
Public Library.
7. A copy of the Convention is available at the Public
Library and notice to this effect is displayed at the notice boards of the
library.
Definition of the child
8.1 In general terms, an individual attains full
age with civil rights at 18. Under that age he or she is most generally
referred
to as a minor. However, other ages are relevant for certain legal
purposes:
(a) The age of criminal responsibility (under which a child
cannot be convicted of a criminal offence) is 8. A child under the age
of 14
may only be convicted of a criminal offence if it is proved that the child was
possessed of a mischievous intention (i.e. he
knew what he was doing was
wrong).
(b) The minimum age for a custodial sentence is
14.
(c) Compulsory school age is between 5 years and 17
years.
(d) Age when marriage permitted with or without consent is 18,
but a girl (or boy) 16 years or over may consent to sexual
intercourse.
(e) Children under the age of 16 may not purchase alcohol
or tobacco, and section 71 (5) of the Education Ordinance prohibits
children
of compulsory school age to loiter on premises that sell
liquor.
(f) Children may be taken into care by a social service
authority up to the age of 17.
(g) There are restrictions on employment
up to the age of 17.
8.2 A minor may not consent to medical treatment
without his parent’s agreement.
General principles
Legislation
9. The principal laws
which particularly concern children are:
(a) Welfare. Employment of
Women, Young Persons and Children Act (Cap. 290). This law prohibits the
employment of young persons
(15 to 18 years) during nights in any industrial
undertaking. See also the restrictions on employment in the Education Ordinance
noted at paragraph 49 below.
Maintenance of Children Ordinance
(Cap. 47). This law empowers a magistrate to prevent any parent leaving
Anguilla without making
adequate provision for the maintenance of his or her
child under the age of 14.
Social Security Ordinance 1980.
Survivors’ benefits under this law extend to children. There is also
provision for the payment
of pensions to orphans.
(b) Family.
Matrimonial Proceedings and Property Ordinance 1990. Provision is included in
this Ordinance for the protection and
custody of children, for their
maintenance, and for the supervision of children. See also the provisions of
the Magistrate’s
Code of Procedure Act referred to in paragraph 21
below.
Guardianship of Infants Act (Cap. 323) makes provision for the
custody and upbringing of children.
(c) Adoption. Adoption of Children
Act (chap. 322). The object of this law is to regulate the adoption of
children.
(d) Education. Education Ordinance 1993. The Ordinance makes
the Minister of Education responsible for devising a system of education.
Education is compulsory and free for children between the ages of 5 and
17.
(e) Criminal law. The Juvenile Act (Cap. 39) and the Juvenile
Courts Act (Cap. 40). The latter act provides for the establishment
of
juvenile courts for the trial of juveniles under the age of 16 from which the
public are excluded. The former, in addition to
setting out the procedure in
such courts, provides for the protection of juveniles from illtreatment and
neglect (see sections 5
to 7).
The Magistrate’s Code of Procedure
Act (Cap. 46). The Code prescribes the procedure before a magistrate’s
court. Juveniles
are tried in a magistrate’s court, not a juvenile court,
if they are charged jointly with an adult.
For the purposes of the
Magistrate’s Code of Procedure Act and the Juvenile Courts Act,
(i) A child is defined as a person who is, in the opinion of the magistrate before whom he is brought, under the age of 14;
(ii) A young person is defined as a person who has attained the age of 14 and is under the age of 16.
No child convicted under the provisions
of either law shall be liable to be imprisoned. However, a young person could
be imprisoned
up to three months. When a child or young person is convicted of
an offence, the magistrate may make an order for his supervision
by a probation
officer or may send him to a training school.
Corporal Punishment
Ordinance 1967. This Ordinance empowers the Court to impose corporal punishment
on a male juvenile (i.e. a male
under the age of 16). A bill to abolish
judicial corporal punishment is at present before the House of Assembly.
Discrimination
10.1 The laws on Anguilla which relate to
children and the services provided for children by the Government apply without
any discrimination,
whether on the grounds set out in article 2 of the
Convention or otherwise. Section 13 (1) of the Constitution of Anguilla
provides inter alia that no law shall make any provision which is
discriminatory either of itself or its effect.
10.2 The Education
Ordinance prohibits discrimination with respect to admission to, or expulsion
from, schools on account of race,
place of origin, colour, creed, sex, religion,
or the political affiliation of the parents of any child.
The best interests of the child
11.1 Financial provision for the child of the
family is made in the Matrimonial Proceedings and Property Ordinance 1990. The
parties
to a marriage are required to maintain the children of the family and
provision with regard to protection and custody of children
under Part III
of the Ordinance is designed in the best interest of the children of the
marriage.
11.2 The Guardianship of Infants Act provides that the Court in
deciding the question of the custody or upbringing of an infant shall have
regard to the welfare of the
infant as the first and paramount
consideration.
11.3 The Adoption Ordinance requires the Court making an
adoption order to be satisfied that it is for the welfare of the
child.
The right to life
12. Section 2 of the Constitution
provides that no person shall be deprived of his life intentionally save in
execution of the sentence of a court in respect of a
criminal offence under the
law of Anguilla of which he has been convicted. The death penalty has been
abolished by the Caribbean
Territories (Abolition of Death Penalty for Murder)
Order 1991 (S.I No. 988 of 1991) in respect of the crime of
murder.
The right to life is also protected by the criminal law.
Civil rights and freedoms
Name and nationality
13. Provision is made in the Registration
of Births, Deaths and Marriages Ordinance (Cap. 329) to notify the
registrar of the birth
of every child within 30 days of the birth.
Registration of the birth of a child after six months from the birth requires
the written
authority of the Registrar General.
14. A child born in
Anguilla is a British Dependent Territories Citizen if, at the time of his
birth, his father or mother is a British
Dependent Territories Citizen or
settled in Anguilla. If neither of the parents is so qualified at the time
of the birth but one
or other subsequently becomes so qualified while the child
is a minor, the child may be registered as a British Dependent Territories
Citizen. Further, a child born in Anguilla and not otherwise such a citizen
can be registered as a citizen after he attains the age of 10 if he has lived
in Anguilla since birth without an absence of more than
90 days a year.
There is also provision for the avoidance of statelessness. A citizen by birth
cannot be deprived of his citizenship.
Preservation of
identity
15. Section 19 of the Registration of Births, Deaths and
Marriages Ordinance provides that no alteration in any register shall be
made
except as authorized under that Ordinance. Any clerical error may be corrected
by the Registrar General or by any person authorized
by him. An error of
fact or substance in any register may be corrected by entry in the margin
without any alteration of the original
entry.
Freedom of expression
and association
16. It is a principle of law that a person, including
a child, is entitled to do anything unless it is specifically forbidden by law.
Accordingly, a child has the rights set out in articles 13 and 15 of the
Convention, subject only to the restrictions prescribed
by law as recognized in
those articles and to the responsibilities of the parents as recognized in
article 18. See also sections 11 and 12 of the Constitution of
Anguilla.
Access to appropriate information
17.1 A new
public library has been constructed and it is situated opposite the Anguilla
Secondary School. Children are increasingly
using the library, which is also
opened on Saturday. The library organizes special programmes such as story
telling, reading for
small children and computer lessons for
others.
17.2 Radio Anguilla’s panel discussions, which are very
active, discuss issues that relate to children, for example education,
the
shortage of facilities for youths and teenage mothers returning to school.
There is a local television station which provides
a limited number of
programmes on local issues, for example local news on important events in the
community.
Freedom of thought, conscience and
religion
18. Every person on Anguilla has the right to freedom of
thought and conscience and religious freedom subject only to the limitations
prescribed by as recognized by article 14 and subject to the right of
parents to provide guidance. Section 10 of the Constitution of Anguilla
protects freedom of conscience. It provides that no person shall be hindered in
the enjoyment of his freedom of conscience,
including freedom of thought and of
religion, freedom to change his religion or belief and freedom, either alone or
in community
with others, both in public and private, to manifest and propagate
his religion or belief in worship, teaching, practice and observance.
No person
attending any place of education shall be compelled to receive religious
instruction or to take part in or attend any
religious ceremony or observance if
that instruction, ceremony or observance relates to a religion other than his
own.
Protection of privacy
19. Except under the authority of any law
for some specific purposes, no person shall be subjected to the search of his
person or
property (section 8 of the Constitution).
Right not to
be subject to torture or cruel, inhuman or degrading treatment or
punishment
20. The United Nations Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment extends to Anguilla
and is given effect in domestic law by the Criminal Justice Act 1988 (Torture)
(Overseas Territories) Order 1988 of the United Kingdom.
The Constitution of
Anguilla also provides that no person shall be subjected to torture or to
inhuman or degrading punishment or other treatment.
Family environment and alternative care
Parental rights and responsibilities
21.1 The laws of Anguilla
recognize that parents are the best people to bring up their children, that they
have rights and responsibilities
for that purpose and that they may not be
deprived of the care and custody of their children except on the order of the
Court. As
noted above, the Matrimonial Proceedings and Property Ordinance 1990
requires the parties to a marriage to maintain the children
of the marriage and,
under section 25, the Court may, in matrimonial proceedings, make an order
for the financial provision of the
child. Section 47 of that Ordinance
requires that a Court shall not make absolute a decree of divorce, or make a
decree of judicial
separation or nullity, unless satisfied that arrangements are
made for the welfare of the children of the parties and section 48
(3)
provides that the Court may include in the decree or declaration that either
party to the marriage in question is unfit to have
the custody of the children
of the family. The Court is also empowered to order that a child be placed in
the custody of a welfare
officer (probation officer) where the Court finds that
there are exceptional circumstances making it desirable that the child should
be
under the supervision of an independent person.
21.2 Part V of the
Magistrate’s Code of Procedure Act also provides for the making of orders
in summary proceedings for the
custody and maintenance of both legitimate and
illegitimate children.
22. The father and mother have equal rights over
their infant child. Section 4 of the Guardianship of Infants Act provides
that the mother of an infant shall have like powers to apply to the Court in
respect of any matter affecting the infant
as are possessed by the
father.
23. Adoptive parents have the same rights and obligations towards
their adopted children as natural parents.
24. Parents have a duty to
ensure that their children receive education. Under section 70 of the Education
Ordinance 1993 a parent
of a child of compulsory school age who neglects or
refuses to cause the child to attend school shall, unless the child is legally
excused under section 62, be guilty of an offence and liable on summary
conviction to a fine not exceeding one thousand dollars.
Separation
from parents and children deprived of a family environment
25. Under
the Matrimonial Proceedings and Property Ordinance 1990, either party to a
marriage may apply to the court on the grounds
that the other has wilfully
neglected to provide reasonable maintenance for a child of the family. The
Court is also empowered to
make custody orders and may order that the child be
placed in the custody of an independent person. There are no foster homes in
the Island.
Family reunification
26. There are no
restrictions on immigrants bringing their children with them.
Recovery
of maintenance for the child
27. The Maintenance of Children
Ordinance empowers a magistrate to prohibit a parent leaving Anguilla without
making adequate provision
for the maintenance of his or her
child.
28. Under the Maintenance Orders (Reciprocal Enforcement)
Ordinance, 1978, an order made by the Court of Anguilla against a person,
who is residing in another country (reciprocating country) could be enforced in
that country and such an order made by a court in
a reciprocating country could
be enforced in Anguilla.
29. See also the provision for financial
provision and maintenance referred to in paragraphs 21 and
27.
Adoption
30. Upon an adoption order being made, all
rights, duties, obligations and liabilities of the parent or parents, guardian
or guardians
of the adopted child, in relation to the future custody,
maintenance and education of the adopted child, including all rights to
appoint
a guardian or to consent or give notice of dissent to marriage shall be
extinguished, and all such rights, duties, obligations
and liabilities shall
vest in and be exercisable by and enforceable against the adopter as though the
adopted child was a child born
to the adopter in lawful wedlock. In making an
adoption order, the court is required to have regard to the views of the child
which
is the subject of the proceedings, due account being taken of his age and
understanding.
Illicit transfer and nonreturn of
children
31. The illicit transfer and nonreturn of children is not a
problem in Anguilla.
Abuse and neglect, including physical and
psychological recovery and social reintegration
32. Provisions of the
Juvenile Act are designed to provide for the prevention of cruelty to, and
neglect of, children and empower
a magistrate to remove a juvenile to a place of
safety. There are other ordinances which also provide for specific offences
against
children. Under the Criminal Law (Amendment) Act (Cap. 19),
offences are provided for the defilement of girls under the age of 14,
permitting the defilement of a young girl and the abduction of girls under 16
for an immoral purpose. The Offences Against the Person
Act (Cap. 56) creates
offences relating to aggravated assaults on females and boys under 14, indecent
assault, and abduction of a
girl under 16. Mention is also made above of the
provisions of the Maintenance of Children Ordinance.
Basic health and welfare
Survival and development
33. The infant mortality rate was 5.3
for 1,000 births in 1995 and compares favourably with previous rates of 6.7 in
1993, 7.5 in
1992, and 6.7 in 1991. Consequently the population in 1996 was
10,663 compared to 9,290 in 1992 and 6,842 in 1984.
34. Besides the
facilities in Princess Alexandra Hospital, the main hospital in Anguilla
situated in the valley, post-natal care is
available in government clinics in
East End, Island Harbour, South Hill and Valley
Centre.
Health and health services
35. There are the
following health professionals and facilities in Anguilla: doctors: 5;
dentists: 2; surgeon: 1; optician: 1;
nurses: 25; midwives: 11; district
nurses: 7; pharmacists: 3; private doctors: 3; district clinics:
5; hospital: 1.
36. Health services are provided in the schools by
school health nurses who are attached to the schools.
37. Psychiatric
problems exist in Anguilla. The services of a visiting psychiatrist are
available.
Social security and standards of
living
38. Under section 15 of the Hospitals and Poor Relief
Ordinance (Cap. 215), the Poor Law Board is authorized to grant relief to
destitute
families, and under section 21 to a single woman who is pregnant
or has given birth.
39. Under the Social Security Benefits Regulations,
survivor’s benefits are extended to children (including illegitimate,
adopted
and stepchildren and others living with and maintained by the deceased).
The survivor’s benefit is paid to the widow or widower
or, in the case of
orphans, to such persons as the Director of Social Security may
direct.
40. Daycare facilities are available throughout Anguilla. There
are two established daycare centres and six known home daycare centres.
These
facilities operate on average of eight to nine hours every weekday. The average
ratio of children to carers in these facilities
is approximately 4:1. In
addition, an undetermined number of persons care for young relatives in their
homes. There are no government
or free daycare centres.
Leisure and cultural activities
Education, including vocational training and
guidance
41. There are seven primary schools (six government and one
private) and one government secondary school in the Island. There are
68
teachers in the government primary schools and 60 teachers in the
secondary school.
42. Facilities for higher education are not available
in Anguilla. Many students go to the University of the West Indies for
their
higher education. Besides the fees, which are increasing every year,
students have to find the necessary finance for their board
or lodging. Not all
parents are able to support their children in higher education. The Anguilla
Government therefore has a scholarship
scheme to assist students. To cut
down the cost of higher education, the Government, in collaboration with the
University of the
West Indies, commenced the “Challenge
Programme” in Anguilla, which enables students to complete their firstyear
course
in Anguilla itself. Students have enrolled for Public Administration and
Business Administration courses. Government intends to
commence the first year
LL B course in the near future.
43. There is no vocational education
provided locally at present.
44.1 It is the policy of the Anguilla
Government that every child be given a basic education and, accordingly, it has
made education
compulsory and free between the age of 5 and
17.
44.2 Truancy problems do exist. The Education Ordinance provides a
mechanism to deal with it and the education authorities are taking
steps to curb
it.
44.3 The Education Ordinance also makes provision for discipline in
schools and for the suspension and expulsion of pupils.
Aims of
education
45. Educational policy is spelt out in the Education
Ordinance. It is designed as far as possible to ensure that the intellectual
and vocational abilities, aptitudes and interests of students find adequate
expression and opportunity for development.
Leisure and cultural
activities
46. Activities during leisure time centre around the
church, schools and the library. Church activities include concerts in which
children participate. The library has extended its hours of work to encourage
children to use the library and the computer unit.
There is also a fair amount
of sports.
Special protection measures
47. There is no refugee problem in Anguilla and there is no armed
conflict.
Children in conflict with the law
48. The special regime of the
juvenile court and the orders that may be made with regard to children and young
persons who are convicted
of offences have been noted above. Juveniles are
separated from adults when detained in police stations and
prisons.
Children in situations of exploitation
49. In
addition to the provisions of the Employment of Women, Young Persons and
Children Act noted above, the Education Ordinance
makes it an offence to employ
children of compulsory school age (up to 17 years) during the school year and of
children under 14
at all times.
50. There is no drug problem in Anguilla,
but the provisions of the Drugs (Prevention of Misuse) Ordinance and the Drug
Trafficking
Ordinance are effective in preventing the importation, possession or
dealing in drugs.
51. There is no sale, procurement or abduction of
children in Anguilla. Sexual offences come to the attention of the police and
offenders
are prosecuted under the Criminal Law (Amendment) Act and the Offences
against the Person Ordinance.
52. There are no minority or indigenous
people in Anguilla.
Annexes
53. Annexed to this report are the following laws:
Sections 1 to 18
of the Constitution of Anguilla
Sections 51 to 100 of the Education
Ordinance
The Guardianship of Infants Act
The Juvenile
Act
The Juvenile Courts Act
Sections 99 to 131 of the
Magistrate’s Code of Procedure Act
Sections 47 to 50 of the
Matrimonial Proceedings and Property Ordinance
Regulation 37 of the
Social Security (Benefits) Regulations
January 1998
BERMUDA
Introduction
54. The
Convention on the Rights of the Child was extended to Bermuda
on 7 September 1994.
55. The following changes to the
information in paragraph 4 of annex II (Bermuda) to the core document submitted
by the United Kingdom
of Great Britain and Northern Ireland in respect of
Overseas Dependent Territories and Crown Dependencies on 14 September 1995
(HRI/CORE/1/Add.
6.2) should be noted:
Background statistical information
Per capita income $27,500 (1994/95)
Gross national product $1,627.5 million (1994/95)
Rate of inflation At around 2.6 per cent in 1995
Rate of unemployment Males 4 per cent (1991 census)
Females 2 per cent (1991 census)
Literacy rate Estimated at 97 per cent in 1995
Population 59,807 (1995)
Life expectancy Males 70 (1995)
Females 78 (1995)
Infant mortality rate 3.6 per 1,000 live births
(provisional 1995)
Birth rate 14 per 1,000 population
(provisional 1995)
Percentage of population -
Under 15 years old Males 9.8 per cent (1995)
Females 9.7 per cent (1995)
Over 65 years old Males 4.0 per cent (1995)
Females 5.9 per cent (1995)
Percentage of households 36 per cent (1993 Household
headed by women Expenditure Survey)
56. It would be premature to propose any change to the reservations made
by the
United Kingdom on ratification of the Convention in respect of
Bermuda.
General measures of implementation
57. As noted in the annex to the core document,
treaties which apply to Bermuda (including human rights treaties) do not have
the
force of internal law and cannot be directly invoked before the courts
though the courts will, when possible, construe domestic legislation
in such a
way as to avoid conflict with applicable treaties. If a treaty required some
change in existing law (which need not necessarily
be the case as existing law
or administrative practice may suffice to give effect to the treaty), new
domestic law must be enacted.
58. The existing measures which give effect
to the provisions in the Convention on the Rights of the Child are described
below. Notwithstanding
the protection afforded by those measures, the Child Law
Reform Committee is reviewing all legislation affecting the child to make
it
better reflect Bermuda’s philosophy with respect to children and families.
The Department of Health and Social Services
and the Committee are currently
examining children’s rights and parents’ responsibilities. A Task
Force on Child Abuse,
which reported in April 1996, recommended that the
Children Act 1989 of the United Kingdom be adopted and adapted to fit
Bermuda’s
requirements. (See further paragraph 86 et seq.)
Responsible authorities and voluntary agencies
59.1 The Ministries and Departments of the
Government of Bermuda responsible for matters relating to children are:
(a) The Ministry of Education
(b) The Ministry of Health and Social Services
(c) The Ministry of Youth Department, Sport and Recreation
(d) The Ministry of Community and Cultural Affairs, and
(e) The Judicial Department
The Child Law Reform Committee is
responsible for recommending amendments to legislation.
59.2 Voluntary
organizations which provide social services include:
(a) The Salvation Army
(b) The Continental Society of Bermuda
(c) The Rotary Clubs of Bermuda
(d) The Lions/Lioness Clubs of Bermuda
(e) The Kiwanis Club
(f) The Lady Cubitt Compassionate Association
(g) Young Life of Bermuda
(h) Big Brothers of Bermuda
(i) Big Sisters of Bermuda
(j) Teen services
(k) Local churches
59.3 In January 1995, the Government of Bermuda produced a Background
Paper on Child Advocacy as a basis for consideration whether
such an institution
was appropriate for Bermuda. A copy of that paper is annexed to this
report.
Publication of Convention and reports
60. Following the extension of the Convention to
Bermuda, the text of the Convention was circulated to the above-mentioned
ministries
and department which have responsibilities for child
related-matters.
61. It is intended to make copies of this report
available to cabinet ministers, other members of the legislature, the Bermuda
National
Library, the Bermuda College Library and Bermuda Youth Library as soon
as possible after the final draft of this report is completed.
Definition of the child
62. In Bermuda a person does not attain majority
until the age of 21. However, other ages are relevant for certain legal
purposes.
For the purposes of the Criminal Code (The Criminal Code Act 1907), a
“child” is a person under 16 years of age and
a “young
person” is someone between 16 and 21 years of age. Under the Protection
of Children Act 1943, a child is defined
as a person under the age of 17. Under
the Domestic Violence (Protection Orders) Act 1997, a child is a person under
the age of
18. The following other variations should be noted:
(a) The
age of criminal responsibility (under which a child cannot be convicted of a
criminal offence) is 8 years of age. A child
under the age of 14 years may only
be convicted of a criminal offence if it is proved that he knows the difference
between right
and wrong.
(b) Persons under 16 years of age are usually
tried in a special court called the Children’s Court, which has special
powers
and procedures appropriate for children.
(c) No court shall
impose imprisonment on a child under 16. Section 6 (2) of the Young Offenders
Act 1950 additionally imposes certain
restrictions on the imprisonment of
persons over 16 but under 18. But the Act does provide for detention for child
offenders when
convicted by the Supreme Court of an offence of murder, attempted
murder, manslaughter or infanticide.
(d) Compulsory school under the
Education Act 1996 is from the age of 5 to the end of the school year in which
the child turns 16
years of age.
(e) The marriage Act 1944 makes void a
marriage in which either party is under 16 years old, and there are
provisions for requiring
consent to marriage by persons under 21 years of
age.
(f) The Criminal Code makes sexual intercourse with girls under 16
years of age an offence with or without that girl’s
consent.
(g) Under the Protection of Children Act 1943, any person under
17 years of age in need of care and protection may be taken into
care.
General principles
Legislation
63. The principal laws
which particularly concern children are:
(a) The Minors Act 1950, which
provides for the guardianship and custody of minors by their parents and others
and for the property
of minors;
(b) The Protection of Children Act 1943,
which provides for the protection of children under the age of
17;
(c) The Domestic Violence (Protection Orders) Act 1997; which makes
further provision for the protection of children under the age
of
18;
(d) The Adoption of Children Act 1963;
(e) The Education Act
1996, which provides for free and compulsory primary and secondary
education;
(f) The Foster Homes Act 1960, which requires foster parents
to be approved by the Director of Social Services and for the registration
of
foster homes;
(g) The Public Health (Day Nurseries and Nursery Schools)
Regulations 1978 govern day care and nursery schools and require premises
used
for such purposes to be licensed and the persons in charge to be approved by the
Minister;
(h) The Young Offenders Act 1950, which regulates the
procedure in cases against children and young persons and the punishments which
may be awarded;
(i) The Employment of Children and Young Persons Act
1963, which places restriction on the employment of all persons under the age
of
18;
(j) The Liquor Licence Act 1974 makes it a criminal offence for the
holder of a liquor licence to either sell liquor to a person
under 18 years of
age or permit such a person to consume alcohol on his licensed premises.
Discrimination
64. The laws of Bermuda which relate to
children, and the services provided for children by the Bermuda Government,
apply without
any discrimination, whether on the grounds set out in Article 2 of
the Convention or otherwise. Laws with specific anti-discrimination
provisions
include:
(a) The Bermuda Constitution, which provides for the
protection of fundamental rights and freedoms of the individual and requires
that no law shall make any provision
either of itself or in its effect which is
discriminatory on the grounds of race, place of origin, political opinion,
colour or creed;
(b) The Human Rights Act 1981, which provides for the
protection of all members of the community from acts of discrimination on the
grounds of race, sex, place of origin, colour or ancestry, religious belief or
political opinions, marital status, pregnancy or disability
in the areas of
employment, accommodation, the supply of goods facilities and services,
contracts, public notices, membership of
clubs, organizations or trade unions.
Sexual harassment and reprisals are also prohibited under this
Act;
(c) The Criminal Code, which provides for protection from
harassment of a person on account of his race, colour, or place of origin,
and
prohibits intimidation of a person on account of the race, colour or place of
origin of persons with whom he associates.
The best interests of the child
65. The laws which specifically require the
courts or administrative bodies to have regard for the “best interests of
the child”
are:
(a) The Minors Act: Section 6 of the Act states
that “in any proceedings before any court where the custody or upbringing
of a minor, or the administration of any property belonging to or held in trust
for a minor, or the application of the income thereof,
is in question, the Court
in deciding that question, shall regard the well-being of the minor as the first
and paramount consideration
...”;
(b) The Adoption of Children Act: Sections 8 (1) and (2) of the Act state
that “Before making an adoption order, the court
shall be satisfied that
the order, if made, will be for the welfare of the infant and ... shall give due
consideration to the wishes
of the infant, having regard to his age and
understanding”;
(c) The Domestic Violence (Protection Orders) Act
1997 which requires that a court, in making a protection order in the case of a
protected child, shall give the greatest weight to the welfare of the
child;
(d) The Public Health (Day Nurseries and Nursery Schools)
Regulations 1978: These regulations prescribe a detailed list of requirements
and standards which are designed to ensure that the best interests of the child
are safeguarded.
The right to life
66. The right to life is protected by the
Bermuda Constitution. Section 2 states that “no person shall be deprived
intentionally of his life save in execution of a sentence of a court in respect
of
a criminal offence which he has been convicted”. The right to life is
also protected by the criminal law.
Respect for the views of the child
67. The Bermuda Constitution and the laws
relating to procedure in the courts provide for the right of children, in the
same way as anyone else, to give evidence
on their own behalf, to crossexamine
witnesses and to address the court. Under the Adoption of Children Act, the
court is required,
before it makes an adoption order, to give “due
consideration to the wishes of the infant, having regard to his age and
understanding”.
Under the Domestic Violence (Protection Orders) Act 1997,
where an application is made for a protection order in respect of a child,
the
court is required to take account of the views of the child to the extent that
it thinks fit, having regard to the age and maturity
of the child.
Civil rights and freedoms
Name and nationality
68. Under the
Registration (Births and Deaths) Act 1949 the Registrar General is required to
obtain the necessary information on every
child born alive in Bermuda (including
the name) and to enter the particulars of the child in the General Register of
Births. Notification
of birth must be posted or delivered to the Registrar
General and the Chief Medical Officer within 48 hours of the birth.
69. A
child born in Bermuda is a British Dependent Territories Citizen if, at the time
of his birth, his father or mother is a British
Dependent Territories Citizen or
settled in Bermuda. If neither of the parents is so qualified at the time of
the birth but subsequently
become so qualified while the child is a minor, the
child is entitled to be registered as a British Dependent Territories Citizen.
Further, a child born in Bermuda and not otherwise such a citizen may apply to
be
registered as a citizen after he attains the age of 10 if he has lived in the
territory since the birth without an absence of more
than 90 days a year. There
is also provision for the avoidance of statelessness. A citizen by birth cannot
be deprived of his citizenship.
Preservation of identity
70. Under the Registration (Births and Deaths)
Act 1949, no alteration or amendment may be made to a registered entry in the
Register
of Births without proper documentation and the approval of the
Registrar General. Any change is made by an addition to the Register,
not a
deletion.
Freedom of expression and association
71. The protection of fundamental rights and
freedoms of the individual are provided for in chapter 1 of the Bermuda
Constitution. Sections 9 and 10 make specific provision for freedom of
expression and association.
Access to appropriate information
72. The Youth Library offers special programmes
for children and each school has its own library. Private radio and television
companies
established in Bermuda broadcast educational programmes that are aimed
at children and their interests. The Government sponsors
children’s
television programmes such as “The Learnalots” and “Sesame
Street” and encourages newspapers
to provide space for articles of
interest to school children. Other television programmes dealing with local
history and culture
are also promoted by the Government.
Freedom of thought, conscience and religion
73. The protection of freedom of thought,
conscience and religion is provided for in section 8 of the Bermuda
Constitution. In schools where religious assemblies or education are provided,
no child is required to attend if it is against his or her parents’
will.
74. The Education Act 1996, which provides for collective worship
in aided and maintained schools, stipulates that arrangements made
for
collective worship must provide for a single act of worship for pupils.
However, if a parent requests that his or her child
be excused from attendance,
that request must be honoured. The parent may then make alternative
arrangements for the child to worship,
and permission will be granted as long as
the period of worship will not interfere with the child’s attendance at
school, except
at the beginning of the morning session or at the end of the
afternoon session on a particular day.
Protection of privacy
75. Section 7 of the Bermuda Constitution
provides a guarantee against arbitrary search of the person or property of any
person.
Article 39 (a)
76. Section 3 of the Bermuda Constitution
provides that “No person shall be subjected to torture or to inhuman or
degrading treatment or punishment”. A sentence
of death may not be passed
on a person who was under 18 at the time he was convicted of the relevant
offence.
Family environment and alternative care
Parental guidance
77.1 The common law
recognizes the responsibilities and rights of parents as regards the
maintenance, protection and education of
their children. The Department of
Child and Family Services respects the principle that parents are the first and
foremost persons
responsible for their children. The Department’s policy
is to encourage and teach parents to exercise their responsibilities
in an
appropriate manner in an effort to meet their child’s needs and its
efforts to provide parent training and family programmes
are geared to this end.
Particular programmes are the Happy Valley Child Care Centre Programme, which
provides child care for 40
children between the ages of three months and four
years from various parts of the Island, and the Child Development Programme,
which
includes home-based services for children with speech and language
difficulties and behavioural problems. Parents are encouraged
to play an active
role in both programmes.
77.2 Amendments to legislation are currently
being drafted to reflect the balance between the child’s rights and the
parents’
rights, and between the child’s need and the parents’
responsibilities.
Parental responsibilities
78.1 The responsibility of parents for their
children (and others who have custody of children) is underlined by section 6 of
the
Protection of Children Act which provides as follows:
“For the purpose of this section a parent or another person legally liable to maintain a child shall be deemed to have neglected the child in a manner likely to cause injury to the child’s health if he fails to provide the child with adequate food, clothing, medical aid or lodging, or if otherwise having been unable otherwise to provide such food, clothing, medical aid or lodging, he has failed to take steps to procure it to be provided under any Act relating to the relief of the poor; and a person who has the custody, charge or care of a child under the age of 10 years shall be deemed to have neglected the child in a manner likely to cause the child unnecessary suffering or injury to health if he leaves the child unattended for an unreasonable length of time without reasonable provision for the child’s supervision or safety.”
78.2 The Minors Act provides that the mother has the same rights as the
father to apply to the Court for any matter affecting the
minor. The Department
of Child and Family Services recognizes the rights of both parents in relation
to their children, and its
activities and efforts are directed to that end.
However, current legislation does not always give equal importance to the role
and responsibility of each parent to raise a child. This is particularly
evident with putative fathers. Under the present laws,
putative fathers are
required to provide financial support for the maintenance of their children.
However, in adoption matters,
although their views must be sought, their rights
are not generally considered equal to those of the mother. The Department and
the Child Law Review Committee are proposing that the law should be amended to
ensure that parents view the interests of the child
as paramount and that the
resolution by a court of issues affecting children shall be determined in
accordance with the principle
of best interests as well as taking into account
the parents’ responsibility to meet their children’s needs.
Separation from parents and children deprived of a family environment
79. Children may not be separated from their
parents against their will except on the orders of a Children’s Court in
which
all parties are entitled to be present. The removal of a child from the
family home, in the best interests of the child, is governed
by the Young
Offenders Act and the Protection of Children Act. Section 7 of the Protection
of Children Act states that a child is
deemed in need of care and protection
when he is not receiving such care, protection and guidance as a good parent may
reasonably
be expected to give. Section 8 of the Act provides for the powers of
the Children’s Court when a child is brought before it
as being a child in
need of care and protection. The Court may remove the child from the family
home and take it into care. Removing
a child from the family and taking it into
care is only done as a last resort.
80.1 Children placed outside of the
home environment can be placed with family members, in foster care, or with an
approved society.
The minister has power under the Foster Homes Act to appoint
“child protection visitors” to visit foster parents and
foster
homes. At present, it is an offence under the Foster Homes Act to pay a
relative to take care of a child except in a registered
foster home and unless
the relative has a valid foster parent’s permit. The Child Law Reform
Committee is looking at ways
that extended families can be encouraged to provide
care for children so that they do not have to be removed from a familiar
environment.
80.2 The Department of Child and Family Services operates
residential care facilities for young people with serious emotional and
behavioural problems, providing secure assessment, treatment (usually
rehabilitative in nature), education from specialist teachers,
and transition
services. Two of the main objectives of specialist care programmes are to train
the child in developing self-control
and to give guidance on how to deal with
the external environment. The programme has been expanded to include working
with families,
both individually and in groups, to enhance the family’s
ability to manage, and to integrate the child back into the family
after an
extended period of placement.
Family reunification
81. Family reunification is not seen as a
problem in Bermuda.
Recovery of maintenance for the child
82. The following Acts contain provisions
relating to the recovery of maintenance payments for children:
(a) The
Maintenance Orders (Reciprocal Enforcement) Act 1974 provides for the
transmission of maintenance orders made in Bermuda
for enforcement in a
reciprocating country and for the enforcement in Bermuda of such orders made in
a reciprocating country.
(b) Under the Affiliation Act 1976, a woman may
apply to the court for an affiliation order in respect of an illegitimate child,
whether born or unborn, of which she is the mother and, after making an
affiliation order, the court may require the putative father
to make payments
of:
(i) A sum of money weekly for the maintenance and education of the child;
(ii) Hospital confinement expenses;
(iii) Weekly sums of money as compensation for the mother’s loss of earnings over a specified period of time.
(c) The
Matrimonial Proceedings (Magistrates’ Courts) Act 1974, provides for an
application by a married woman or a married
man to a magistrate’s court
for an order against the other party to the marriage for failure to provide such
maintenance for
the complainant or for any child of the family as is reasonable
in the circumstances.
(d) The Adoption of Children Act 1963 contains,
inter alia, a section relating to payments under affiliation
orders.
Adoption
83. The Adoption of Children Act regulates the
process of adoption in Bermuda. To protect and assist children who are the
subjects
of adoption proceedings, the court appoints a guardian ad litem.
The guardian ad litem is required to investigate all the circumstances
relevant to the proposed adoption with a view to safeguarding the interests of
the
child. Under section 8 (1) of the Act, the court must be satisfied that any
adoption of a child will be for “the welfare of
the
infant”.
84. Under the present law, adopted children do not have
access to knowledge or information about their biological parents. Disclosure
rights is an issue that is to be addressed in proposed amendments.
Illicit transfer and non-return of children
85. The Department of Child and Family Services
has established a network of helping agencies around the world, through
reciprocal
arrangement with the International Social Services (ISS)
organization. If the Department of Child and Family Services has a concern
about a child, the ISS will investigate on its behalf. If ISS has concerns
about a child in Bermuda, the Department will investigate
the matter with a view
to ensuring the care and protection of the child.
Abuse and neglect, including physical and psychological recovery and social reintegration
86. There are a number of provisions which are
designed to protect children from abuse and neglect. The Minors Act contains
various
provisions for the treatment and care of minors; and under the
Protection of Children Act, children deprived of their home environment
are
entitled to special protection and assistance. Part V of the Matrimonial Causes
Act 1974 contains special provisions relating
to the protection, custody, etc.,
of children in cases of divorce, etc., and for custody in cases of neglect. The
Domestic Violence
(Protection Orders) Act 1997 makes new provision for the
protection of children and other family members against domestic
violence.
87. Under the Protection of Children Act, the Department of
Child and Family Services is authorized to intervene in cases of alleged
neglect
or ill treatment in order to safeguard the child and provide alternative care.
As noted above, section 6 (3) of this Act
provides that “a parent or
another person legally liable to maintain a child shall be deemed to have
neglected the child in
a manner likely to cause injury to the child’s
health if he fails to provide the child with adequate food, clothing, medical
aid, or lodging or if having been unable otherwise to provide such food,
clothing, medical aid, or lodging he has failed to take
steps to procure it to
be provided under any Act relating to the relief of the poor; and a person who
has custody, charge or care
of a child under 10 years shall be deemed to have
neglected the child in a manner likely to cause the child unnecessary suffering
or injury to health if he leaves the child unattended for an unreasonable length
of time without making reasonable provision for
the child’s supervision or
safety”.
88. Any children’s officer or police officer having
reasonable grounds for believing that a child is in need of care and protection
or control may apprehend the child without warrant and bring him before a
Children’s Court which, if it sees fit, can order
the child to be placed
with an approved society or committed to the care of a fit person. Personnel in
the Police Service undergo
training relating to domestic violence, and plans are
in place to develop a public awareness programme on the subject.
89. The
Domestic Violence (Protection Orders) Act provides for an application to be made
to a court for a protection order against
a person using or threatening violence
(physical, sexual or psychological abuse) against a child or other person
(“the protected
person”) with whom he is in a domestic relationship.
Domestic relationship is widely defined to include informal as well as
formal
relationships. The application may be made by a child or a person on his
behalf. Among other things, a protection order
may prohibit the respondent from
using violence against the protected person, entering the protected
person’s place of residence,
work or education, and may require the
respondent to continue to carry out any legal obligations he may have entered
into in respect
of premises where the protected person is resident and to make
payments for the protected person’s food, housing or medical
care. In
certain cases a power of arrest may be attached to a protection order which
would enable a police officer to arrest a respondent
whom he suspects is in
breach of the order.
Periodic review of placement
90. It is planned to provide provision for
review of placement in amendments to the Protection of Children Act.
Basic health and welfare
Survival and development
91. In 1995, there were
three deaths of infants under one year old and the infant mortality rate was 3.6
per 1,000 live births. The
main causes of death were congenital anomalies and
conditions originating in the perinatal period. Over the past 11 years, the
infant
mortality rate has ranged from a high of 13.5 in 1986 to 3.6 in
1995.
Immunization programmes
92. The incidence of vaccine-preventable
diseases is low. The Government monitors all outbreaks of illness in Bermuda -
influenza,
meningitis, chicken pox, measles, etc. - and adopts preventative
measures to contain them. The immunization programme, which is
implemented
throughout Government health and baby clinics and the school system, has been
extremely effective in curtailing the spread
of illness. Immunization against
all five of the common preventable childhood diseases (measles, rubella, DPT,
polio and mumps)
has been maintained at consistently high
levels.
Immunization statistics (1995)
DPT3 vaccination
coverage < 1 year old 93.7
OPV3 vaccination coverage < 1 year
old 90.7
Measles vaccination coverage < 1 year old 80.5
Services for post-natal care and the visitation of very young children
93. Under its Child Development Project, the
Department of Health, provides antenatal and post-natal care. The maternal and
child-care
programme involves visits to new mothers within 48 hours of giving
birth and home visits to mothers and their newly born children
two weeks after
their discharge from hospital. The immunization programme is referred to in
paragraph 92 above.
Disabled children
94. Special programmes are in place throughout
the Government School system to address the needs of disabled schoolchildren.
The
Orange Valley School in Devonshire provides specialist services for severely
handicapped children.
Health services
95. The health care system in Bermuda is made up
of both private and public sectors. Primary health care services are delivered
from
private physicians’ offices, Government health centres and hospital
outpatient clinics. Additionally, ambulatory care services
are provided through
special clinics and the emergency room at the hospital.
96. Responsibility
for providing public health services rests with the Department of Health which
operates under the aegis of the
Ministry of Health and Social Services. The
public health service is substantially involved in providing personal health
services
and administers a number of traditional public health programmes, which
include:
Maternal and child health
School
health
Immunization
Communicable disease control
Home
health care (health visiting, district nursing and select specialized
care)
Rehabilitation health education and health promotion
programmes.
Public health services, funded through general Government
revenues, are generally free or provided at a modest cost.
97. The
delivery of public health services is facilitated by the division of Bermuda
into three health regions. The Department of
Health operates a health centre
(clinic) in each of these regions, offering antenatal care, family planning
services, child health
and other primary care services as well as dental clinics
for children. Among approximately 94 physicians practising in Bermuda,
five specialize in obstetrics/gynaecology, and five in paediatrics; 25 are
in general/family practice. Specialized dentistry, i.e.
periodontics,
orthodontics, etc., is available.
Hospitals
98. Hospitalization is provided free of charge
to children. This is covered through a government subsidy to the Bermuda
Hospitals
Board, a body which is appointed by Government and which operates the
two acute care hospitals on the Island: the King Edward VII
Memorial
Hospital, a general (community) hospital with 236 beds, and
St. Brendan’s Hospital, a psychiatric hospital with 123
beds.
The general hospital provides diagnostic and treatment services for patients and
a variety of medical conditions (surgical
and nonsurgical). Services include:
Medicine, Surgery, Paediatrics, Obstetrics and Gynaecology, Rehabilitation and
Geriatrics.
In addition, the hospital provides some specialized and intensive
services, including Oncology, Medical and Surgical Intensive Care,
and Renal
Dialysis. A Neonatal Care Unit is also being developed.
Mental care
services
99. Mental health services are provided by psychiatrists,
psychologists, a psychiatric social worker and mental welfare officers attached
to St. Brendan’s Hospital, which provided care and treatment for both
mentally ill and mentally handicapped individuals. With
the exception of one
psychiatrist in private practice, all of the consultant psychiatrists on the
Island are employed by the Bermuda
Hospitals Board on a salaried basis. There
is at present only one psychiatrist employed in the public service to deal with
the psychiatric
problems of young children and adolescents. Many of the
problems being addressed by the Department of Child and Family Services
relate
to parent/child relationships and behavioural issues. Counselling services are
provided where needed.
School and other health services for children
100. Health services provided in the schools are
varied. All school students are given a comprehensive medical assessment at the
beginning and at the end of their school careers. That assessment would include
hearing and eyesight testing, weight and height
measurements, heart rate, blood
pressure, etc., and in every case a qualified physician would be in attendance.
Before the assessment
can take place, parental or guardian approval is required,
and the option of choosing another physician outside of the school programme
is
offered to those who are prepared to bear the expense of such an assessment. A
comprehensive record of the medical and dental
histories of all school children
is maintained for reference and diagnostic purposes.
101. The Government
also provides blood and urine testing for those students who, at the end of
their schooling in Bermuda, intend
to further their education at overseas
institutions which require the results of such testing.
102. With respect
to dental care, a fluoride treatment programme has been in effect in the schools
for several years. Dental care
and treatment is available on an appointment
basis at the Government clinics for children up to 16 years of age.
Social security and standards of living
103. The Department of Financial Assistance
provides financial support through its housing and social assistance programmes
and for
day care. Housing assistance provides financial assistance for
accommodation for persons whose rents exceed 25 per cent of their
incomes. The object is to ensure that individuals with low incomes are not
disadvantaged in finding reasonable accommodation. Social
assistance involves
the determination of a person’s essential needs and the provision of the
means to acquire shelter, food,
utilities and other selected items or services
as circumstances dictate, again with the object of ensuring that persons with
inadequate
incomes do not suffer social deprivation and are provided with the
opportunity to live a normal life. Special emphasis is placed
on individuals
considered to be at risk, such as the aged, children, the mentally and
physically ill, and the disabled.
104. Any family which cannot provide
its children with day care while the parents work because of financial
limitations is eligible
to receive Governmentsubsidized day care or financial
aid for private sector day care social assistance.
105. The Bermuda
Government currently operates one day care centre on the Island. The
Day Care Centre was established in 1971 for
the purpose of providing a
model for other day care facilities and to provide day care for special needs
families in the densely
populated Pembroke Parish area. The Day Care Centre
maintains its role as a model centre, but provides child care for the whole
community. The Centre provides care for children at risk and for families who
can
benefit from its structured, supportive programme. It offers a structured
curriculum for the children, and support and interventions
for the family. It
also provides a laboratory setting for local college students enrolled in child
development classes.
106. The Day Care Centre caters to 42 children from
3 months to 4 years of age with varying needs and includes children with special
needs. Preference is given to children who have been referred by other
Government helping services (e.g. Family Services, Health
Department, Teen
Services, etc.). The Department of Child and Family Services attempts to
balance the mix of needs of the children
to promote the social, intellectual and
emotional development of each child in the Centre.
Education, leisure and cultural activities
Schools
107. In accordance with the
Education Act 1996, the Minister of Education exercises control and supervision
over the organization
and activities of all governmentaided and
governmentmaintained schools. The Minister has the responsibility for making
the rules
for the registration of private schools. Education is compulsory and
free from the age of 5 to the end of the school year when the
child turns 16.
As of September 1997, the levels of schooling were primary, middle and senior.
The Minister of Education will provide
the inclusion of such of the following
subjects as is deemed appropriate for pupils at each level of schooling:
business studies,
design and technology, family studies, fine arts, foreign
language, information technology, language arts, mathematics, performing
arts,
physical and health education, science and social studies. The curriculum will
specify for each subject the programmes of
study, the outcome and the assessment
arrangements. There is provision also for the operation of government
preschools for 3- and
4year old pupils.
108. Currently, schools are
categorized as follows:
Public
|
Teachers
|
Pupils
|
|||
(Male)
|
(Female)
|
(Male)
|
(Female)
|
||
Pre-schools
Primary Secondary Special |
12
18 6 3 |
None
41 79 1 |
51
321 138 15 |
217
2 098 1 151 31 |
235
2 039
1 040 27 |
Private
|
Teachers
|
Pupils
|
|||
(Male)
|
(Female)
|
(Male)
|
(Female)
|
||
Pre-schools
Primary Secondary Special |
-----------
8 6 ----------- |
---------------
16 65 ---------------- |
--- no data ---
100 73 ---- none ---- |
-----------------
885 645 ---------------- |
---------------
863 819 -------------- |
Higher education
109. Bermuda College provides full and
part-time education and training for persons over compulsory school age. In
addition there are the following award
schemes:
The Bermuda Government Scholarships Act 1996. Eight scholarships are awarded
annually to Bermudan students possessing outstanding
academic records. This
award is intended for study at an approved educational institution outside
Bermuda for a maximum of three
years. The applicant should be not less
than 17 years of age nor more than 23 years of age
on 1 October in the year of the award.
The current value of the
scholarship is BD$ 12,500 per annum.
Bermuda Government Teacher Training Awards. Six awards at a value of BD$ 7,500 each per year are usually provided for students who wish to enter the teaching profession and who are studying outside Bermuda in subject areas which are particularly valuable to the education system. Competition for these awards is great and participants must agree to be bonded to teach for a period equal to that granted by the award, usually two years.
Bermuda Government Further Education Awards and InterestFree Student Loans. The value of these awards ranges from BD$ 1,000 to BD$ 5,000 per year. Bermudan students who have graduated with an associate degree from Bermuda College, have successfully completed two years of an academic programme at an approved college/university abroad, or are pursuing a course of study at a technical institution abroad because the course is not available at Bermuda College, may apply for these grants. The applicant must demonstrate financial need in addition to fulfilling other stated requirements. The loan recipient must undertake to begin repayment of the loan 12 months after completion of his studies.
UK (United Kingdom) Fee Differential. Overseas students studying in the United Kingdom are normally charged higher fees than those which United Kingdom residents are charged. Eligible Bermudans may apply for all or part of the fee differential, that is, the difference in fees paid by Bermudan students and their United Kingdom counterparts.
Training
110. The Apprenticeship and Training Act 1971
provides for a Council comprising three representatives of employers’
organizations,
three representatives of employees’ organizations and three
public officers which is charged to take such measures as are needed
to ensure
the provision of an adequate number of skilled or qualified persons in industry
and to ensure that these persons attain
adequate standards of competence. The
Council must seek to ensure that courses and other facilities are made available
for the training
of persons in industry and may issue certificates to those
persons who have attained standards it has recommended.
Type and number of courses operated under the Apprenticeship and Training
Act, 1971 for the calendar year 1997
Apprentices
Job training area No. of Bermudan
Apprentices
Landscaping/Horticulture 11
Automotive mechanic
14
Electrical Supply & distribution 15
Air-conditioning and
refrigeration 4
Carpentry 1
Hairdressing 2
Masonry
1
Plumbing 2
Electrical installation 3
Total 53
Areas
of certification No. of certificates issued
Autobody
2
Autopaint 2
Autocycle mechanic 14
Automotive
mechanic 10
Electrical installer
3
Masonry 10
Plumbing 16
Air-conditioning and refrigeration
9
Total 66
Truancy
111. Under the provisions of the
Education Act, it is the parents’ responsibility to ensure the regular
attendance at school
of their children of compulsory school age who are enrolled
in a recognized school. If a parent fails in this respect, he commits
an
offence against the Act. Should it appear to a court of law that a child is a
persistent truant and is beyond the control of
a parent, whether the parent is
convicted or not, the court may direct that the child (under the age of 17)
be brought before a Children’s
Court and be remanded to an approved
society (home) pending his court appearance.
Aims of
education
112. The mission of the Ministry of Education is the
exercise of leadership which ensures that:
(a) Goals are set for the
system;
(b) Planning flows consistently from these
goals;
(c) Adequate resources, including financial, material, technical
and human, are provided for the effective management and operation
of schools;
and
(d) An effective process is established for assessing the
feasibility of plans, monitoring the achievement of goals and for holding
personnel at all levels accountable for carrying out their
responsibilities.
A copy of the Secondary School Certificate Programme is
annexed to this report.
Leisure and cultural
activities
113. The programmes of the Ministry of Youth Development,
Sport and Recreation involving youth include the following:
(a) Grants
and loans to sport organizations, voluntary organizations and clubs, Leisure
Time Activities Book;
(b) Youth Parliament Activities. High school
students learn about Parliament, legislation, debating;
(c) Youth
theatre, dance and music. Annual Summer Production;
(d) Sports Awards
Programme. Recognizes performances, administration, coaching, sponsorship,
etc.;
(e) Annual Heritage Day (24th May) activities. Celebration of
cultural and sporting heritage;
(f) Annual Youth Talent Search and
Performance. Summer Family Day, and
(g) Sponsorship of Youth Television
Productions. Youth Talk, Fast Forward.
114. The Ministry of Youth
Development, Sport and Recreation:
(a) Operates, maintains and
administers three community centres that provide a range of services, including
after school care, sports,
cultural, camping, self-defence classes, Duke of
Edinburgh Award Scheme, St. John’s Badger Programme, free legal and
consumer
advice, and youth leadership development
programmes;
(b) Operates, maintains and administers five camping sites
for school and community use;
(c) Provides camping leadership
development programmes and overnight camping experience for young
people;
(d) Offers summer day care services on school premises for
children aged 5 to 12 for eight weeks during summer school
recess;
(e) Offers Teen Camp Services, involving a variety of programmes
directed specifically at teenagers aged 13 to 15 and training programmes
for
potential leaders of leisure activities, including senior secondary, college and
university students;
(f) Offers After School Care during the school year
(September to June) in 12 government schools from 3 p.m. to
6 p.m., which is
designed to assist working parents/guardians. Programmes
include homework/study assistance, arts and crafts, cultural activities,
sports
and recreation.
115. The Department of Cultural Affairs under the
Ministry of Community and Cultural Affairs sponsors a monthly half hour
television
programme called “The Learnalots”, featuring a group of
seven children aged 7 to 12. This programme’s goal is
to familiarize
children with many work settings and Bermudan people in order to attain a
greater respect for Bermuda’s culture
and work
environment.
116. The Ministry of Community and Cultural Affairs offers a
Community Education Development Programme (vocational programmes/courses)
at
five locations. Programmes/courses in leisure, sports and culture for children
and teenagers are as follows:
(a) Beginners sewing (age
12-16).
(b) Advanced sewing (age 12-16).
(c) Charm classes.
Designed to give common sense information on correct social behaviour and
guidelines for proper etiquette, manners
and poise. (Boys and girls age
5-12).
(d) Children’s gymnastics - boys and girls experience the
beauty of human motion through the art of gymnastics, tumbling, balance
beam,
pommel horse, rings and uneven bars.
(e) Beginners tennis for children
(age 6-14). Learn basics such as forehand, backhand, serve and
volley.
(f) Hip Hop dancing. Learn basic styles and movements of Hip
Hop dance to the latest musical hits.
(g) Aerobics for kids (age 5-10).
Learn simple animated animal movements to a playful blend of aerobic
workouts.
(h) Bowling for fun. Basics of bowling, how to hold a ball,
which finger to put into ball, and the five step approach to delivery
of the
ball.
(i) Martial arts (age 5-12). Traditional and basic techniques of
self-defence, coordination and discipline.
(j) French for fun (age
5-12). Learn basic numbers, words and phrases of everyday conversational
French, a fun environment to develop
a flair and style for speaking, reading and
understanding spoken French.
(k) French for fun (age 12-16).
Constructing short sentences, building upon phrases learned in previous classes
for everyday conversation
in French.
(l) Sign language for fun. Learn
alphabet and basic sign language to carry on a single conversation for
understanding.
(m) Computer exploration for kids (age 6-11). Lots of
handson, practical experience exploring various computer applications and
activities on Macintosh.
(n) Children’s cooking for fun (age 10+).
Learn how to plan, read recipes, measure and serve nutritious
meals.
(o) Beginners’ junior golf (age 7-16). Introduction to
game of golf.
(p) Kid ventures (age 7-13). Learn through a
multi-sensory approach and participation, gathering first-hand information of
facts
and figures about a variety of education and historical places in Bermuda
through funfilled excursions.
(q) Tai-Chi-Chuan (age 11+). Relieves
stress and promotes total relaxation and good health - inner and outer body
(Tai-Chi-Chuan,
meditation Fa-Jing, Chan-Su-Chin, FaJing, HenHaw breathing,
Tai-Chi ruler, push hand and application).
(r) Squash for Kids. Basic
techniques and rules of squash, eye-hand coordination practised in fun
environment.
(s) Year Round Cricket. Development of youth league
cricket players; experience coaching of theory and practice of skills and
technique.
(t) Year Round Soccer. Development of youth league soccer;
experience coaching of theory and practice of skills and technique.
Special protection measures
Children in conflict with the law
117. The guarantees set out
in article 40.2 of the Convention are secured for children, as for everyone
else, by section 6 of the
Bermuda Constitution. The age of criminal
responsibility is noted at paragraph 8 above. The Young Offenders Act
makes special provisions respecting
the arrest and detention of children,
especially separate custody from adults. The Court dealing with children is the
Special Children’s
Court under the Magistrates Act as read with the Young
Offenders Act. The sentences that may be passed on a child
include:
(a) Probation;
(b) Conditional
discharge;
(c) Order for parent or guardian to give security for a
child’s good behaviour;
(d) Committal of child under the
provisions of the Protection of Children Act to an Approved Society.
The
law also provides for whipping, but that form of punishment has not been imposed
by the court for many years.
Children in situations of
exploitation
118. Mention has been made in paragraphs 86
to 88 above of the Protection of Children Act and the powers of the
Department of Child
and Family Services under it in the case of neglect of
children. Under section 7 of the Act the powers of the Department extend
to children who fall into bad association with others or who are exposed to
moral danger by reason of e.g., incest or prostitution,
frequenting the company
of a reputed thief, begging or receiving alms, buying, receiving or possessing a
drug, or frequenting a public
bar. The Department is required to intervene to
promote the care and protection of the
child.
Employment
119. Under the Employment of Children and
Young Persons Act 1963:
(a) a child under the age of 13 may not be
employed except for light work of an agricultural, horticultural or domestic
character
where the parent or guardian is the employer or to transport by hand
of a light nature;
(b) a child of compulsory school age may not be
employed during school hours or for more than two hours on school
days;
(c) a child under the age of 15 may not be employed in an
industrial undertaking, or in a vessel, other than a vessel in which only
members of his family are employed;
(d) a child under the age of 18 may
not be employed at night.
Alcohol and drugs
120. The 1994
National Drug Commission Secondary School Drug Survey revealed
that 15 per cent of Bermuda’s school students reported
being drunk at least once a month; 40 per cent reported having
had their first drink at the age of 10; 28 per cent had used marijuana
at least once; 75 per cent of those who had tried marijuana had done
so by the age of 14; and 15 per cent reported frequent use
of
the drug over the course of a month. Less than 2 per cent of
students reported using cocaine. However, heroin use amongst young
people is
reported to be slightly above 2 per cent. A significant finding in
the Secondary School Survey was the clear relationship
between individual
student drug use and household drug use. Over 54 per cent of
students who report regular use of marijuana state
that marijuana is frequently
used by family members within the household.
121. The National Drug
Commission’s long-term goals are to promote the reduction of chemical
dependency and foster healthy lifestyle
choices within the community; the
function of educating young people seeks to facilitate the awareness of
substance abuse and its
related harm among Bermuda’s young people; and to
promote and support the implementation of the Life Skills programme and other
appropriate drug education throughout middle and secondary school levels. These
programmes are linked to others provided by the
Ministry of Education,
Lion’s Quest, parent organizations, the Ministry of Youth Development,
Sport and Recreation, the Child
Adolescent Project, the After-School Programme,
and the Child Development Project.
122. The most recent programme, which
was established early in 1998, is an Addictions Outpatient Treatment Programme
to be known as
the Bermuda Youth Counselling Services. Programmes are aimed at
young people between 10 and 15 and 16 and 24 who may be at high
risk in
experimenting with alcohol or drugs. Those who attend the programmes are
assessed to determine the nature and extent of
their problems and then treatment
is advised. Support options, referrals, counselling are included in the
programmes, which run
for six weeks. After care for a period of six months
is also available.
Sexual exploitation and abuse
123. The
Department of Child and Family Services has developed procedures with the
Department of Education for use in the school system
and with other helping
services to encourage the reporting of sexual abuse and exploitation. To date
protocols have been established
with the Police, Health Department and the Child
Development Programme for the reporting of abuse. However, as there is
currently
no mandatory reporting of abuse, the Department of Child and Family
Services is not confident that all cases of sexual exploitation
and sexual abuse
are being addressed. Mandatory reporting is supported by the Child Law Reform
Committee, and the Task Force on
Child Abuse has recommended that legislation be
enacted to require those who are by virtue of their professional qualifications
and
work with children, or because of their daily relationship with children, to
report reasonable grounds of suspicion of child abuse
to the Department of Child
and Family Services.
124. Treatment for sexual abuse victims is not
provided for in current legislation. The Task Force on Child Abuse recommended
that
victims of abuse be given the “highest priority for therapy”.
Proposed amendments to the legislation will also include
references to child
prostitution and exploitation of children in pornographic performances which are
not at present spelled out in
detail in the legislation.
125. The
criminal law makes provision for sexual offences against children and young
persons. The Obscene Publications Act 1973 makes
it an offence to
“publish an obscene article to, or in the presence of, a person under the
age of 16 years”.
Abduction and sale of children
126. Allegations of the
abduction of Bermudan children are investigated by the Department of Child and
Family Services working with
sister agencies to determine, even though the child
may not be in Bermuda’s jurisdiction, whether abduction has occurred or
to
ensure the care and protection of the child if abduction is not an issue. The
Cabinet recently approved the introduction of a
bill entitled “The
International Child Abduction Act 1998” into the Legislature. It is
anticipated that the bill will
become law in the early summer of 1998. The
bill, which is based on the Child Abduction and Custody Act 1985 of the
United Kingdom,
will enable the Hague Convention on the Civil Aspects of
International Child Abduction to be extended to Bermuda.
127. The sale of
children is not an issue that has presented itself. However, to protect against
this, any nonBermudan child who
is brought into Bermuda for the purposes of
adoption or residency must be the subject of an immigration preentry study. The
study
is done at the request of the Department of Immigration. The Government
of Bermuda can thus ensure that children brought into the
country are brought in
for legitimate purposes; and also that no child finds himself in a position
where he is required to carry
out any illegal or immoral activity as a result of
the transfer of residence.
128. Under section 17 of the Protection
of Children Act, any child who has been committed to the care of an approved
society or fit
person shall not be taken or sent out of Bermuda without
application to, and approval of, the Children’s Court. The taking
or
sending of children under 16 out of Bermuda is also regulated under
section 22 of the Minors Act.
Annexes
129.1 The following laws are annexed to this report:
Adoption of
Children Act 1963
Bermuda Government Scholarships Act 1996
Domestic
Violence (Protection Orders) Act 1997
Education Act 1996
Employment of
Children and Young Persons Act 1963
Foster Homes Act 1960
Maintenance
Orders (Reciprocal Enforcement) Act 1974
Matrimonial Proceedings
(Magistrates Courts) Act 1974
Minors Act 1950
Obscene Publications Act
1973
Protection of Children Act 1943
Public Health (Day Nurseries and Nursery Schools) Regulations 1978
Young
Offenders Act 1950
129.2 The following papers are also
annexed:
Background Paper on Child Advocacy
The Report of the Task
Force on Child Abuse (April 1996)
Guide to the Bermuda Secondary School
Certificate Programme.
June 1998
BRITISH VIRGIN ISLANDS
Introduction
130. The Convention on the
Rights of the Child was extended to the British Virgin Islands
on 7 September 1994.
131. Information relating to the British
Virgin Islands is set out in annex III to the core document submitted by the
United Kingdom
of Great Britain and Northern Ireland in respect of Overseas
Department Territories and Crown Dependencies on 14 September 1995
(HRI/CORE/1/Add.62).
The following changes to the information in that Annex
should be noted: the rate of inflation at the end of 1996 was 4.33 per cent
and
the external debt was thirty five million, eight hundred thousand United
States dollars ($35,800,000.00).
General measures of implementation
Responsible authorities
132.1 The Departments
of the Government of the British Virgin Islands responsible for matters relating
to children are:
(a) Education and Culture;
(b) Community
Health;
(c) Social Development;
(d) Youth, Sports and
Recreation; and
(e) Police.
132.2 Under the sponsorship of the
Community Health Department, the Mental Health Division manages a Special Needs
Programme called
Care Givers of Children with Special Needs. The object of the
Programme is to:
(a) Provide support and training for parents and care
givers of individuals with disabilities;
(b) Assist in sensitizing the
community to issues related to special needs;
(c) Serve as advocates for
the promotion of improved care and services for persons with
disabilities.
The group of Care Givers of Children with Special Needs is
comprised of parents, teachers and guardians as well as individuals who
have a
special interest in and are committed to promoting the cause of persons who have
special needs. Included in the group are
22 parents/guardians, 7 teachers,
2 guidance counsellors, 2 nurses, a social worker and a representative each of
the Tortola Ladies’
Club and the Friends of Fort Charlotte School. The
Care Givers of Children with Special Needs meet one Tuesday in each month. See
further at paragraph 92.
Publication of Convention and reports
133. Following the extension of the Convention
to the British Virgin Islands, the text of the Convention was circulated to
departments
with responsibilities for child-related matters and to the
Attorney-General’s chambers. The text was also made available for
members
of the Legislative Council and in the Public Library at Road
Town.
134. It is intended to make copies of this report available in the
Public Library and to lay it on the table in the Legislative Council.
Definition of the child
135. In general terms, an individual attains
full age with civil rights, at 18 (Age of Majority Act 1994) and a person under
that
age may be described as a minor. Under that age, section 2 of the Juvenile
Act defines:
(a) A “child” as anyone under the age of 14;
and
(b) A “young person” as a person who has attained the
age of 14 and is under the age of 16.
The Magistrate’s Code of
Procedure also makes a distinction between a child and a young person at the
same ages. However, under
the Labour Code a young person is someone who has
attained the age of 14 but not attained the age of 18. Under the Juvenile Act,
a “juvenile” is defined as a person under the age of 16. Other ages
are relevant for certain legal purposes.
Criminal law
136. (a) The age of criminal responsibility
under which a child cannot be convicted of a criminal offence is 10 years. A
child over
that age but under the age of 14 years may only be
convicted of a criminal offence if it is proved that he had the capacity to
know that he ought not to do the act or make the omission.
A male child under
the age of 12 is presumed to be incapable of having carnal knowledge (Criminal
Code, section 12).
(b) Unless charged together with a person who is not
a juvenile, juveniles are tried in a special court called the Juvenile Court
(consisting of a magistrate sitting with two assessors), which has special
powers and procedures appropriate to children.
Compulsory school age
137. “A person shall be deemed to be of
compulsory school age if he has attained the age of 5 years and has
not attained the
age of 15 years.” (Education Ordinance, section
36.)
Age when marriage is permitted with or without parental consent
138. Marriage solemnized between persons either
of whom is under the age of 16 is null and void (Marriage Act, section 24 A).
Where
either of the parties, not being a widower or widow, is under the age of
18, no marriage shall take place between them without the
consent of the parent
or guardian or the consent of the Governor or High Court, if the parent or
guardian is not available or does
not give consent (Marriage Act, section 25 (1)
and (2)).
Ages to which restrictions on employment apply
139. (a) No child (a person under the age of
14) shall be employed or shall work in any public or private agricultural or
industrial
undertaking, or in any branch thereof, or, on any ship, other than an
undertaking or on a ship on which only members of the same
family are employed,
and any person who employs any child or permits him to work in contravention of
this provision is guilty of
an offence (Labour Code, Part 5, E
3).
(b) No young person (a person over the age of 14 and under the age
of 18) shall be employed unless he has been found fit for work
after a thorough
medical inspection and he is subject to medical supervision during his
employment. Nor may he be employed, while
of compulsory school age, during
school hours. There are also restrictions on night work (Labour Code, E
5).
Consent to medical treatment
140. The age at which a minor may consent to
medical or dental treatment without parental consent is 16 (Age of Majority Act,
section
13).
General principles
Legislation
141. The principal
legislation which particularly concerns children is:
(a) Guardianship of
Infants Act, Cap. 270
(b) Matrimonial Proceedings and Property Act
1995
(c) Legitimacy Act, 1991, Cap. 271
(d) Domestic Violence
(Summary Proceedings) Act 1996
(e) Adoption of Children Act, Cap.
269
(f) Education Ordinance, Cap. 116
(g) Criminal Code,
1997
(h) Juvenile Act, Cap. 37
(i) Juvenile Court Act, Cap.
38.
Discrimination
142. The laws of the Virgin Islands which
relate to children and the services provided for children by the Government
apply without
any discrimination, whether on the grounds set out in article 2 of
the Convention or otherwise. The Education Ordinance, section
5, specifically
states that “No child shall be refused admission to any Government or
assisted school on account of the religious
persuasion, race or language of such
a person or either of his parents”.
The best interest of the child
143. Various laws make specific provision for
the protection of the interests of persons under the age of
18.
(a) Where in any proceeding before any court the custody or
upbringing of a minor (i.e. a person under the age of 18), or the administration
of any property belonging to or held on trust for a minor, or the application of
the income thereof, as in question, “the Court,
in deciding that question,
shall regard the welfare of the [minor] as the first and paramount
consideration, and shall not take into
consideration ... the claim of the father
... or the claim of the mother” (Guardianship of Infants Act, section
3).
(b) Under section 4 of the Juvenile Act, every court in dealing with
a juvenile brought before it as being in need of care and attention
or as an
offender or otherwise, shall have regard to the welfare of the
juvenile.
(c) Under section 43 of the Matrimonial Proceedings and
Property Act, the court shall not usually make an order for divorce, nullity
or
judicial separation unless satisfied with the arrangements made for every minor
child of the marriage.
(d) Under section 4 of the Adoption of Children
Act, an adoption order will only be made if the court is satisfied that the
adoption
order “will be for the welfare of the child”.
The right to life
144. The right to life is protected by the
Criminal Code, 1997. The fundamental right to life is also afforded protection
by the
common law and by the application of conventions such as the Convention
for the Protection of Human Rights and Fundamental Freedoms.
The death penalty
has been abolished by the Caribbean Territories (Abolition of Death Penalty for
Murder) Order 1991 (S.I. No. 988
of 1991) in respect of the crime of
murder.
Respect for the views of the child
145. Under the Adoption of Children Act, the
court, in making an Order is required to have due consideration “to the
wishes
of the infant, having regard to the age and understanding of the
infant”. The views of juveniles are acceptable in court,
either as
testimony or in the form of an admission of their evidence or
deposition.
Civil rights and freedoms
Name and nationality
146. Under section 14
(1) of the Registration of Births and Deaths Ordinance: “The father and
mother of every child born, and
in default of the father and mother, the
occupier of the house or tenement in which the child is born, or any person
present at birth,
or the person having charge of the child, shall give to the
Registrar, within 21 days next after the birth, information of the particulars
required to be registered concerning such birth and in the presence of the
Registrar shall sign the register.”
147. A child born in the
British Virgin Islands is a British Dependent Territories citizen if, at the
time of his birth, his father
or mother is a British Dependent Territories
citizen or settled in the British Virgin Islands. If neither of the parents is
so qualified
at the time of the birth, but subsequently become so qualified
while the child is a minor, the child is entitled to be registered
as a British
Dependent Territories Citizen. Further, a child born in the British Virgin
Islands and not otherwise such a citizen
is entitled to be registered as a
citizen after he attains the age of 10 if he has lived in the territory since
birth without an
absence of more than 90 days a year. There is also provision
for the avoidance of statelessness. A citizen by birth cannot be deprived
of
his citizenship.
Freedom of expression and association
148. It is a principle of law that a person,
including a child, is entitled to do anything unless it is specifically
forbidden by
law. Accordingly, a child has the rights set out in articles 13
and 15 of the Convention, subject only to the restrictions prescribed
by law as
recognized in those articles and to the responsibilities of the parents as
recognized in article 18.
Access to appropriate information
149.1 There is a public library in the capital
city, Road Town, and branch outlets at East End in Tortola and on the island of
Virgin
Gorda, Jost Van Dyke and Anegada. There are also school libraries in all
government primary and secondary schools. The Library
Services Department offer
services and educational programmes aimed at the child. These include:
Programme
|
Age range
|
Activities
|
Tiny tots programme
|
1 - 5
|
Brooks, educational toys and games, computer software
|
Children’s lending services
|
6 - 13
|
Books, magazines (e.g., cricket, National Geographic World, Ranger Rick
reference services), story hour and competitions during Easter
and Christmas
breaks, the annual summer programme which includes the following
activities:
- Art and crafts - Creative arts - Environmental topics - Field trips to educational, social and civic organizations - Sports |
Young adult services
|
|
Books, magazines (Seventeen, Young Miss, National Geographic)
Annual summer programme which includes the following activities: (Same as above plus sailing, swimming etc.) Research assistance with Homework/Class assignments |
Special craft/story hour programme once a week at the Eslyn Henley-Richiez
school
|
|
For the physically/mentally challenged children of all ages
|
149.2 ZBVI Radio Station has a one-hour educational programme on each
Saturday morning from 9-10 a.m., called, “Knowledge is
power”. This
is aimed at the child and includes religious and civic activities, quizzes and
general knowledge activities for
children. The Education Department also
provides radio-based programmes/quizzes in general knowledge, mathematics and
spelling for
primary school children in class four (about age 10) and for
children in the high schools.
149.3 There is no television programme at
the local radio stations which is geared specifically to children. However,
children have
access to many Americanized television stations where they watch
educational children’s programmes.
149.4 The Criminal Code 1997
enables the Governor in Council to prohibit the import of publications which are
contrary to the public
interest. This would include pornography and other
material that is unsuitable for children. The sale, distribution or
reproduction
of any publication so prohibited is a criminal offence (Criminal
Code Part III, sections 49 and 50).
Freedom of thought, conscience and religion
150. Every person in the Virgin Islands has the
right to freedom of thought and conscience and religious freedom, subject only
to
the limitations prescribed by law as recognized by article 14 and subject to
the rights of parents to provide guidance. The Education
Act provides that
worship in schools should be Christian in character, but not distinctive to
denominational doctrine. A pupil may
be withdrawn by his parents or guardian
from such act of worship without forfeiting any of the other benefits of the
school.
Protection of privacy
151. The Telecommunications Act (Cap. 171)
provides that any person who, without authority, intercepts any
telecommunication not intended
for the general public and discloses or makes use
of the contents commits an offence. There is no other specific legislative
provision
protecting privacy in the islands, though the law of trespass provides
a measure of protection against unwanted intrusion.
The right not to be subject to torture or cruel, inhuman or degrading treatment or punishment
152. The United Nations Convention against
Torture and other Cruel, Inhuman or Degrading Treatment or Punishment extends to
the British
Virgin Islands and is given effect to in law by the Criminal Justice
Act, 1988 (Torture) (Overseas Territories) Order, 1988 (S.I.
1988 No.
2242).
Family environment and alternative care
Parental guidance
153. The common law
recognizes the responsibilities and rights of parents for the maintenance,
protection and education of their children.
Parents may not be deprived of the
care and custody of their children except on the order of the Court (see
paragraph 26 below)
and under the Guardianship of Infants Act, a mother has the
same right to apply to the court for guardianship as a father. Adoptive parents
and legal guardians have the same
responsibilities and rights as natural
parents.
Parental responsibilities
154. Under the Juvenile Act, a parent or other
person who is legally liable to maintain a juvenile is deemed to have neglected
the
juvenile if he fails to provide him with adequate food, clothing, rest,
medical aid and lodging. Under the Matrimonial Proceedings
and Property Act the
court may, on proceedings for divorce, nullity or judicial separation, make
orders for financial provision of
children and for the transfer and settlement
of property for the benefit of children. The Court is required to take into
consideration
the financial needs and condition of children (including physical
or mental disability), the income of the child, the standard of
living of the
family before the breakdown of the marriage and the expectations of the parties
to the marriage for the education or
training of the child. The object of this
provision is to place the child, so far as is practicable, in the same financial
position
as if the marriage had not broken down and to determine the amount of
maintenance payments or lump sum payment to be made for the
children under 18 of
the marriage. The court may also make an order for the custody and education of
such children of the marriage
under the age of 18.
155. The Education
Ordinance, sections 38 and 39, provides that it is the duty of the parent of
every child of compulsory school age
to cause him to receive efficient full-time
education suitable to his age, ability and aptitude by regular attendance at
school.
However, a child may be excused from attendance at school if he
receives satisfactory instruction at home or elsewhere, or if he
is ill, for
temporary or other valid reason.
Separation from parents and children deprived of a family environment
156.1 Provision is made in the Juvenile Act,
section 7 (1), for removing a child from his parents if the juvenile has been
assaulted,
or ill-treated. The Magistrate may “issue a warrant
authorizing any police officer to search for the juvenile ... and remove
the
juvenile to a place of safety ...”; (see also paragraph 163
below).
156.2 The Rainbow Home for Children was opened and declared a
statutory place of safety in 1997 with the following
objectives:
(a) To provide a place of safety for children who have been
judged by the courts to be in need of care and protection;
(b) To
provide a temporary place of safety for children in crisis
situations;
(c) To provide a therapeutic environment of care, love,
protection, education and guidance to abused children during the formative
years
from infancy to 16 years of age, helping them to become responsible, productive
adults;
(d) Not to replace the normal maternal/paternal home environment
of the child or the Foster Care Programme but to complement both;
(e) To
seek to protect children from unfavourable and abusive situations at home, when
parents fail to meet their obligations and
circumstances are not conducive to
the child’s proper growth and development, for instance, in cases
when:
(i) Young mothers have dropped out of school and cannot provide financial support to children;
(ii) Children are disowned by their fathers;
(iii) Children live in poor housing conditions;
(iv) Children have poor diets;
(v) Children are left to fend for themselves;
(vi) Children do not progress in school and develop undesirable social and delinquent habits.
The Ministry of Health and Welfare and the
Social Development Department are responsible for its administration and
inspection.
Family reunification
157. There is no restriction on persons
bringing their children with them to the Virgin Islands if they are able to
support them.
Recovery of maintenance for the child
158. The Magistrates Code of Procedure Act
makes provision for a woman to establish paternity of a child and to obtain an
order for
maintenance of the child from the putative father. See also paragraph
154 above for the provision which may be made for children
in matrimonial
proceedings.
Adoption
159. The relevant legislation is the Adoption
of Children Act. The general effect of the law is that an adoptive parent (i.e.
a person
authorized to adopt an infant) must be over 21 years and may be a
single or married person. Where an application for an adoption
order is made by
two spouses jointly, the court may make the order authorizing the two
spouses jointly to adopt. No order, save
the aforesaid, shall be made
authorizing more than one person to adopt an infant (a person under 18
years). Reference is also made
to the requirements, noted at paragraphs 143 and
145 above that the court shall be satisfied that the adoption is for the welfare
of the child and shall take into consideration his wishes.
Illicit transfer and non-return of children
160. This does not appear to be a problem in
the Virgin Islands. Section 199 of the Criminal Code makes it an offence
unlawfully,
either by force or by fraud, to take away, entice or decoy any child
under 14 from any parent or guardian having legal care of that
child. Section
198 makes unlawful the taking away from her parents of a girl under the age of
16. Sections 195 to 197 make abduction
and kidnapping unlawful, including
the abduction of a female with intent to marry.
Abuse and neglect, including physical and psychological recovery and social reintegration
161. Under section 27 of the Matrimonial
Proceedings and Property Act, either party to a marriage may apply to the court
when the
other party has neglected a child of the marriage and the court may
make an order for periodic payments in respect of the child.
See also
paragraph 154 above with respect to the powers of the court on a breakdown
of a marriage.
162. The Juvenile Act makes it an offence:
(a) For
any person over the age of 17 who has the custody or care of a juvenile,
wilfully to assault, ill-treat, neglect, abandon
or expose such juvenile or to
procure another to do so, in a manner likely to cause the juvenile unnecessary
suffering or injury
to health, including injury to or loss of sight or hearing
or of any limb or organ, or any mental derangement;
(b) To cause,
procure or allow any juvenile to be in any place begging or receiving
alms.
If there is reasonable cause to suspect that a juvenile is being so
abused or neglected, the juvenile may be brought before a magistrate,
detained
in a place of safety and brought before a Juvenile Court. Any police officer or
supervisor appointed by the court may also
bring a juvenile who is believed to
be in need of care or protection before a Juvenile Court. These provisions are
reinforced by
the imposition of criminal penalties under sections 190 to 192 of
the Criminal Code.
163. A juvenile Court may, if satisfied that the
welfare of the juvenile so requires:
(a) Commit the juvenile to the care
of any fit person who is willing to undertake his care where it deems it
necessary to remove
the child from undesirable surroundings;
(b) Require
the parent or guardian to enter into a recognizance to exercise proper care and
guardianship;
(c) Place the child, either in addition to or without
making an order described in subparagraph (a) or (b), under the supervision
of a
Supervisor for a period not exceeding three years.
164. The Domestic
Violence (Summary Proceedings) Act 1996 contains wide powers for magistrates to
make protection orders where there
has been violence or a threat of violence to
a child (whether or not the child of the defendant). The possible orders
include orders
permitting or restricting entry into, or remaining in, the home
and occupation orders which may have the effect of excluding offenders
from the
home.
Periodic review of placement
165. Probation Officers review the placement of
children taken from their parents by the court and placed in foster homes. The
Juvenile
Act, section 13 (1) provides: “where a juvenile has been placed
under the supervision of a probation officer, that officer
shall, while the
order remains in force, visit, advise and befriend him and when necessary
endeavour to find him suitable employment
...”.
Basic health and welfare
Survival and development
166. The infant
mortality rate for live births for 1996 was 14.0 per 1,000.
167.1 The
Government provides a basic childhood immunization programme in respect of the
following diseases:
Polio
|
OPV
|
Tetanus toxoid
|
TT
|
Diphtheria, pertussis and tetanus
|
DPT
|
Bacillus of Colmette and Guerin
|
BCG
|
Measles, mumps and rubella
|
MMR
|
Tuberculosis
|
TB
|
Oral poliomyelitis
|
OPV
|
The national immunization schedule for the British Virgin Islands is as
follows:
Age
|
Vaccine |
---|---|
Birth to 3 months
|
BCG
|
3 months
|
1st DPT & TOPV
|
5 months
|
2nd DPT & TOPV
|
7 months
|
3rd DPT & TOPV
|
12 months
|
MMR
|
Boosters:
18 months
|
1st booster, DPT & TOPV
|
4 years
|
2nd booster, DPT & TOPV & MM
|
11 years
|
3rd booster, DPT, TOPV
|
167.2 The antenatal immunization schedule is as follows:
First pregnancy at:
|
4 months
|
lst TT
|
|
1-2 months thereafter
|
2nd TT
|
Other pregnancy:
|
after 3rd month
|
TT
|
Disabled children
168.1 Some of the more common forms of
disabilities/special needs areas seen in the Virgin Islands
include:
(a) Down’s syndrome (which results from chromosomal
abnormalities);
(b) Foetal alcohol syndrome (FAS) which is linked to
high alcohol consumption by a mother during pregnancy, and more so during the
first trimester;
(c) Attention deficit hyperactivity disorder. Autism
(where there is limited interaction or no verbal communication with the
world);
(d) Learning disabilities;
(e) Chronic illnesses like
asthma and epilepsy which prevent/restrict functioning in day-to-day
activities.
168.2 Under the sponsorship of the Department of Education
and Culture, the Eslyn HenleyRichiez School (formerly the Fort Charlotte
School)
offers a programme for psychologically imbalanced and mentally retarted
children. The children, ranging from 6 to 26, learn
self-help skills, personal
hygiene and social skills which prepare them for independent living. At present
the School caters for
12 students with the following disorders:
(a) one
autistic male child, age 17
(b) four with Down’s Syndrome
− one female, age 25
− two males, aged 13 and another aged 7
(c) two with
foetal alcohol syndrome - females, aged 24 and 18
(d) one male with
profound speech disability age 7
(e) three mentally retarted males age
7, 11, 16
(f) one male with physical disability, age 20
168.3 The
Virgin Islands Rehabilitation Services (BVIRS) provide work for some of the
disabled persons who are more than 15 years
old but who have only child-like
school age performance capabilities. For example, the participants in the
rehabilitation programme
assist the two managers with work, such as
covering hotel chairs, car washing, sorting and wrapping telephone bills for the
Cable
and Wireless Telephone Company and washing and ironing clothes. A sewing
contract with the Sunny Caribbee Store to sew 500 small
spice bags per week
provides work for not only the better functioning participants who sew, but for
all the participants, as they
can turn the bags to the right/colourful side
after they have been sewn. Participants also assist in assembling Government
Information
Services (GIS) newsletters. They make red and white L’s for
vehicle drivers on test or practice. They engage in a plant programme
which
utilize the motor skills of a number of the participants and provides them with
the therapeutic benefits of working with plants.
168.4 In addition, there
are a number of children with special needs who are attending regular schools
throughout the islands.
Health and health services
169. In 1996 there were (approximately) the
following medical professionals in the Islands:
Physicians
|
17 (government)
|
Surgeons
|
1
|
Dentists
|
1
|
Opticians
|
1
|
Nurses
|
72
|
Nursing assistants
|
22
|
Radiographers
|
2
|
Laboratory technologists
|
5
|
Physiotherapists
|
2
|
Pharmacists
|
4
|
Public environmental health inspectors
|
6
|
There were the following medical facilities:
Hospitals
|
1
|
|
District clinics
|
11
|
|
Health centres
|
1
|
Comprehensive on (Road Town)
|
School health programmes
170. District nurses make random visits to
schools and health promotion programmes are available in schools. An annual
examination
is provided for all Primary Five students (age 11 and over) before
admission to the high school. Nurses do clinical work, counselling
and
referrals at schools. The immunization programme is described in paragraphs
167.1 and 167.2 above. Dental restorations, extractions,
inspection and
prophylaxis are provided free for school children.
Services provided to expectant nursing mothers
171. Community nurses make three visits to
mothers after their discharge from the hospital after giving birth. The Road
Town Clinic
provide pre-natal and post-natal care. There are nine health
clinics - one in each of the following places: on the Island of Tortola
at Road
Town, East End, Long Look, Cane Garden Bay, Capoon’s Bay, on the
Island of Virgin Gorda at the Valley and the North
Sound, on the Islands of Jost
Van Dyke and Anegada. There are two satellite stations/clinics, one
located at Sea Cows Bay and the
other at Brewers Bay. These are used for health
promotion activities.
Psychiatric services
172. Under the Mental Health Ordinance (Cap.
191), psychiatric evaluation and treatment counselling, psychological assessment
and
occupational therapy are included in the services provided by the Mental
Health Division of the Community Health Department. Daily
services are provided
at the Mental Health Clinic in Road Town but on Thursday, special clinics are
available for clients and patients,
including children. In addition, visits are
made to the outer Islands, Anegada, Virgin Gorda and Jost Van Dyke, once a
month, with
ad hoc visits as necessary. There are a total of approximately 200
registered clients seen in the clinic for psychiatric treatment
and an
additional 140 persons for psychotherapy and counselling services. Fifty-two
children have received assistance in the past
two years. The Mental Health
Division also provides home visits to sick patients.
Social security and standard of living
173. Social welfare payments available for
low-income families are covered under the Public Assistance Ordinance (Cap.
265). They
include:
(a) The granting of a weekly allowance as outdoor
relief to any poor and destitute persons (under section 2 of the Ordinance, poor
and destitute persons include infants and children);
(b) A special grant
to defray the cost of medical attention as the Public Assistance Committee may
consider appropriate;
(c) The provision of material and labour for
building or repairing a dwelling house for any poor or destitute
person.
Allowances and grants are given in United States
currency.
174. There are approximately 25 registered day care privately
owned facilities catering for pre-school children. Day care facilities
are
regulated in accordance with the Education Ordinance (Cap. 116, Part 1, section
2, Part 11, section 4 (A), and Part III, section
9 (A), which states that with
the approval of the Minister of Education, schooling for pre-primary education
(including infants at
nursery schools) must be suitable to the requirement of
children below the age of five.
Education, leisure and cultural activities
Education
175. Education is
compulsory and free in government schools between the ages of 5 and 15. Under
the Education Act, the Minister of
Education is required to ensure a system of
education which provides for four stages: pre-primary, primary, secondary, and
further
education. The Minister is empowered to provide special education for
children with special needs. The Act further provides for
making general
regulations for the establishment, maintenance, administration, management and
policy for government and assisted
private schools. There are 16 public primary
schools and 3 secondary public schools. There are five primary private schools
and
one private secondary school.
176. The public primary schools have
148 teachers, 17 being male and 131 female. There are 2,378 pupils in
public primary schools,
1,208 being males and 1,170 females. In the private
primary schools there are 370 students and 25 teachers; 571 children are
enrolled
in day-care and pre-schools. There are 146 teachers in secondary/high
schools and 1,494 students.
177. The H.L. Stoutt Community College makes
provision for further and higher education and there are local and overseas
tertiary
education scholarship programmes available to students who
qualify.
Cultural activities
178.1 Cultural and recreational activities are
organized under the Ministry of Health, Education and Culture through its
departments:
Sports Division, Education, Social Development and Library. Most
schools in the Territory are active participants in the annual
August Festival
celebrations in Road Town, the Easter Festival and the annual summer programmes
organized by the departments. Cultural
activities throughout the year include
dancing, music and drama in the school, at the festivals, and at overseas
functions. Recreational
activities include basketball, netball, running,
baseball and water sports.
178.2 The music programme in schools continues
to show improvement. Most primary schools are ensuring that their students
be given
an opportunity to play the recorder at least by the fifth grade level.
At the British Virgin Islands High School and the Bregado
Flax Educational
Centre students are given the opportunity to join the school bands and choose
from a variety of instruments to play.
The bands are given high praise for
their excellent performances at school graduations, spring concerts and at
hotels. The bands
also travel around the Caribbean, giving outstanding
performances for a variety of audiences. They maintain a rich local and
Caribbean
musical heritage. At the Cedar School piano playing is taught by
arrangement.
179.1 Other cultural activities for children include skills
in basket-weaving, knitting, making local pastry and local dishes, art,
and
steel-pan playing. Various local artists, such as the Heritage Dancers, secular
and religious singers, and the fungi band, are
performers from which children
learn about their cultural heritage.
179.2 At the Cedar School,
recreational activities include: ballet facilitated by Body Images, steel pan,
gymnastics, judo, karate
facilitated by the Purple Dragon, Girl Guides, Boy
Scouts, tennis, rugby, baseball, horseback riding, soccer, water sports,
sailing,
swimming, Kids and the Sea (KATS), the BVI Yacht Club Junior Sailing
Programme, drama, craft and textile. All children in the territory
have an
opportunity to enrol in these programmes, which are offered to the public on
week days and weekends.
Special protection measures
Situations of emergency
180. The recent
(1997) emergency caused by the volcanic eruption in Montserrat resulted in the
reception in the islands of many displaced
persons. The arrangements for the
reception, housing and provision of facilities were made through the Chief
Minister’s Office,
the Office of Disaster Preparedness and the Education
Department. Some 56 children were received in the Islands and were housed
in
temporary or permanent accommodation and the children admitted to schools; 15 of
these children live with a mother, father or
relative who was either already
living in the Islands before the eruptions or who came to the Islands following
the eruptions. The
other 41 are accommodated by British Virgin islanders.
About five children left the Virgin Islands for other Caribbean islands and
England. At present (May 1998) there are still 51 children from Montserrat
accommodated in the islands and being educated in the
islands’ schools on
Tortola and Virgin Gorda.
Children in conflict with the law
181. (a) As noted in paragraph 7, the court
usually dealing with a child or young person is the Juvenile Court, though
juveniles may
be tried in the Magistrates Court, or in serious cases in the High
Court, if charged jointly with an adult. The procedures in the
Juvenile Court
include the exclusion, save with the leave of the court, of all persons other
than those, including the parents of
any accused person, concerned with the
case.
(b) When a juvenile (over the age of 10 and under the age of 16)
is found guilty of an offence by a Juvenile Court, the Court may
make an order
committing him to custody, to the care of a fit person, or to the supervision of
a probation officer for a period of
three years. The Court must be satisfied
that a custodial sentence is in the best interests and for the welfare of the
juvenile.
(c) In addition corporal punishment is permitted under the
Corporal Punishment Act.
Children in situations of exploitation
182. The Labour Code prohibits employment of
children and young persons except as provided in paragraph 139
above.
183. There is a growing drug problem among some young people in
the islands. The Sandy Lane Rehabilitation centre is a government
agency under
the Ministry of Health and Welfare that provides out-patient treatment
programmes for participants. Class instructions
on drug and alcohol include
presentations on their effects on the body and one’s life and how they can
be treated and avoided.
The staff of the Sandy Lane Centre provide assistance
to any school or youth organization that make requests; 101 clients have
attended
courses or were otherwise treated for substance abuse problems at the
Centre in 1997. Seven of these were adolescents.
184. Sexual
exploitation of children and young persons, including sale, procurement or
abduction, are an offence under the Criminal
Code, Part VII. There were seven
prosecutions of sexual offences against children and young persons in 1997.
Five of these were
withdrawn because there was no evidence offered, one was
dismissed because of insufficient evidence, and the other was adjourned
sine
die, as the offender jumped bail. Presently (May 1998), there are three
cases of indecent assault/rape pending. They have not come
to trial as yet.
Annexes
185. The following Acts are annexed to this
report:
The Juvenile Act
The Matrimonial Proceedings and
Property Act
The Summary Proceedings (Domestic Violence)
Act.
October 1998
CAYMAN ISLANDS
Introduction
186. The Convention
on the Rights of the Child was extended to the Cayman Islands
on 7 September 1994.
187. Information relating to the
Cayman Islands is set out in annex IV to the core document submitted by the
United Kingdom of Great
Britain and Northern Ireland in respect
of Overseas Dependent Territories and Crown Dependencies on
14 September 1995 (HRI/CORE/1/Add.62).
Particular attention is drawn
to the information on the general legal framework and human rights contained in
that annex. The following
changes to the information in that annex should be
noted.
Land and people
188. According to the Department of Economics
and Statistics, in 1996 the estimated population of the Cayman Islands was
35,000, compared
with 25,355 in 1989, when the last census was taken. The
statistics show that 33,700 persons (or 96 per cent of the
population)
reside in Grand Cayman; 1,173 on Cayman Brac and 116 on
Little Cayman. The population of the capital city, George Town, is
19,560.
The birth rate in 1996 was estimated at 16 per 1,000 and the death rate
at 4 per 1,000.
Statistical information
Additional statistics are as
follows:
Per capita income (1996) US$ 29,250.00
Gross domestic
product (1996) US$ 1,024 million
Unemployment rate 4.9 per
cent
Rate of inflation (1996) 2.1 per cent
Literacy
rate 98 per cent
Fertility rate 1.8 per cent
Population
under 15 years of age 21 per cent
Population over 65 years of age 5.9
per cent
Life expectancy 77.1 years
Infant mortality rate
10.7
189. On ratification of the Convention, the United Kingdom
made a number of reservations in respect of itself and the dependent
territories.
In respect of the Cayman Islands these reservations are still
necessary.
General measures of implementation
190. As noted in the annex to the core report,
treaties which apply to the Cayman Islands do not have the force of internal law
and
cannot be directly invoked before the courts though the courts will, when
possible, construe domestic legislation in such a way as
to avoid conflict with
applicable treaties. If a treaty requires some change in existing law, new
domestic law (which includes Orders
of the Queen in Council) must be
enacted.
191. The legislation, policies and programmes relating to young
persons and children, which are presently in force advance the same
principles
and objectives as are set out in the Convention. A new law, the Children Law
1995, has been enacted which is comparable,
due regard being had to the
different circumstances of the Cayman Islands, to the Children Act 1989 of the
United Kingdom. As at
the completion of this report, this law has not yet
been brought into operation.
Responsible authorities
192. The Departments of the Government of the
Cayman Islands responsible for matters relating to children
are:
(a) Education;
(b) Ministry of Health, Drug Abuse
Prevention and Rehabilitation;
(c) Social Services;
(d) Ministry
of Community Development, Sports, Women’s and Youth Affairs and
Culture.
Publication of Convention and reports
193. Since the extension of the Convention to
the Cayman Islands the text of the Convention was circulated to the
Departments/Officials
with responsibilities for childrelated matters. It is
intended to make this report available to the general public.
Definition of the child
194. In general terms, an individual attains
full age, with full rights, at 18. Under that age he is most generally referred
to as
a “minor” in relation to property rights (Age of Majority
Law 1977, section 9).
(a) In criminal proceedings a person
under the age of 17 is referred to as a “young person” (Youth
Justice Law 1995).
The law provides that no child under the age of 8 can be
guilty of an offence. A child under the age of 12 can be convicted of
a
criminal offence if it is proved that, at the time of doing the act or making
the omission, he had the capacity to know that he
ought not to do the act or
make the omission.
(b) Persons under the age of 17 are ordinarily tried
in the Youth Court, which is a court with special powers and procedures
appropriate
for children (including the exclusion of members of the public from
hearings). However, in the event that a young person is charged
jointly with an
adult, the Magistrate may decide to try the matter in the Summary Court.
Further, if the young person is charged
with an indictable offence, the matter
may be heard by the Grand Court.
(c) A young person can only be
sentenced to custody on conviction of a criminal offence if he is legally
represented or has applied
for legal aid under the Poor Persons (Legal Aid) Law
and the application was refused on the grounds that it did not appear his means
were such that he required assistance, or after having been informed of his
right to apply for assistance he refused or failed to
apply and had the
opportunity to do so. It is also a precondition of such committal that:
(i) He had a history of failure to respond to noncustodial sentences;
(ii) Only a custodial sentence would adequately protect the public from serious harm;
(iii) The offence for which the child was found guilty was of such a serious nature that a noncustodial sentence could not be justified;
(d) Education is compulsory for all children
above the age of 4 years and 9 months and below the age of
16 years.
(e) Marriage is not permitted for a person under the age
of 16. Parental consent is required for persons under the age of
18.
(f) The age of consent to sexual intercourse is 16.
(g) It is an
offence for persons under the age of 18 to consume, dispose of or obtain
intoxicating liquor in a licensed premises
or a public place.
(h) The
Court may make an order that a child be taken into the care of the Department of
Social Services at any age up to 17 if it
is satisfied that the child concerned
is suffering or likely to suffer significant harm and that the harm is
attributable to the
care given or likely to be given to the child, or that the
child is beyond parental control or beyond the control of his school or
the
Education Department.
(i) A person under the age of 18 cannot consent to
medical treatment.
(j) The Penal Code, as amended by the Youth Justice
Law, prohibits the employment of children under the age of 10. A child of
school
age should not be employed during school hours, or for more than
two hours per day outside school hours on days when he is required
to
attend school, or during the night between the hours of 10 p.m. and
7 a.m.
General principles
Legislation
195. The principal
legislation which particularly concerns children
is:
(a) Children’s Law 1995
(b) Education Law
1993
(c) Guardianship and Custody of Children’s Law (1996
Revision)
(d) Legitimization of Children Law (1997
Revision)
(e) Youth Justice Law 1995
(f) Maintenance Law (1996
Revision)
(g) Affiliation Law (1995 Revision)
(h) Adoption of
Children Law (1996 Revision).
Copies of the laws referred to at items
(a), (e), (f) and (h) are annexed to this report.
Discrimination
196. The laws of the Cayman Islands which
relate to children and the services provided for them by the Government apply
without discrimination.
The best interests of the child
197. The law of the Cayman Islands requires
that the Court, when considering matters that affect the child, shall have
regard to the
best interests of the child. In any proceeding with respect to
the upbringing of a child or the administration of a child’s
property or
the application of any income from it, the law requires that the child’s
welfare shall be the court’s paramount
consideration. (Children Law,
section 3; Adoption of Children Law, section 14.)
The right to life
198. The right to life is protected by the
Criminal Law. It is an offence under the Penal Code to kill a person or an
unborn child.
Respect for the views of the child
199. Respect of the views of the child is
adhered to in all matters pertaining to the welfare of the child. This is a
principle embodied
in the law as well as an established practice in the Court
when dealing with young persons in criminal or civil proceedings (Children
Law,
sections 3 and 22; Adoption of Children Law, section 14).
Civil rights and freedoms
Name and nationality
200. In accordance
with the Births and Deaths Registration Law, the birth of every child must be
registered within 42 days of the
birth. The child’s name must be
registered within 12 months of the registration of the birth unless written
authority is obtained
from the Registrar General to allow registration or
alteration of a name after a year.
201. A child born in the Cayman
Islands is a British Dependent Territories citizen if, at the time of his birth,
his father or mother
is a British Dependent Territories citizen or settled in
the Cayman Islands. If neither of the parents is so qualified at the time
of
the birth but subsequently become citizens while the child is a minor, the child
is entitled to be registered as a British Dependent
Territory citizen. Further,
a child born in the Cayman Islands and not otherwise such a citizen is entitled
to be registered as
a citizen after he attains the age of 10 if he has lived in
the territory since birth without an absence of more than 90 days a year.
There is also provision for the avoidance of statelessness. A citizen by birth
cannot be deprived of his citizenship.
Freedom of expression and association
202. It is a principle of law that a person,
including a child, is entitled to do anything unless it is forbidden by law.
Accordingly,
a child has the rights set out in articles 13 and 15 of the
Convention, subject only to the restrictions prescribed by law as recognized
in
those articles and to the responsibilities of the parents as recognized in
article 18.
Access to appropriate information
203. There are numerous facilities in the
Cayman Islands where a child can have access to appropriate information. These
include:
(a) Three public libraries and two colleges libraries in
addition to libraries in all of the schools. An additional public library
is
due to be opened in 1998;
(b) One local daily newspaper and numerous
international newspapers including The Times (London), the
Gleaner (Jamaica), and U.S.A Today;
(c) Radio and
television, both of which provide daily segments of children programming or
channels which provide 24hour a day programming
for children;
(d) Access
to computer services in the schools, libraries and at home and in some cases
access to the World Wide Web (Internet services).
The dissemination of
pornographic materials is prohibited by law in the Cayman Islands.
Freedom of thought, conscience and religion
204. Every person in the Cayman Islands has the
right to freedom of thought and conscience and religious freedom, subject only
to
the limitations prescribed by law as recognized by article 14 and
subject to the right of parents guidance. There is no compulsory
public
religion in the Cayman Islands and in fact there is no dominant religion in the
islands. There is a requirement under the
Education Law that government schools
must provide nondenominational religious worship and instruction.
The right not to be subject to torture or cruel, inhuman or degrading treatment or punishment
205. The United Nations Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment extends to
the Cayman
Islands and is given effect to in law by the Criminal Justice Act
1988 (Torture) (Overseas Territories) Order 1988.
Family environment and alternative care
Parental guidance
206. Parents are
considered to be responsible for the upbringing, care, control and maintenance
of their children. Several laws in
the islands establish this principle. In
specific terms, the Children Law states that a married couple has parental
responsibility
for their children. For children born out of wedlock, parental
responsibility lies with the mother although the father can acquire
it on
application to the Court. Parental responsibility can only be taken away by
order of the Court (Children Law, section 4 and
5; Adoption of Children
Law, section 15).
207. Parental responsibility is not only extended
to the natural parents but may be acquired by guardians, adoptive parents or, as
the circumstances dictate, the Court may give parental responsibility to other
parents deemed fit in the best interest of the child.
Separation from parents and children deprived of family environment
208. Great care is taken in the islands to
preserve the family unit and to encourage parents to assume all the rights and
duties of
parents. The Children Law and the Youth Justice Law provide for
situations in which a child can be taken from the parents/guardians
and placed
in the care of the Department of Social Services. However, the Court can only
make such an order if it is satisfied that
the child concerned is suffering, or
is likely to suffer, significant harm and that harm or likelihood of harm is
attributable to
the care given the child or is likely to b given him if an order
is not made; or if the child is beyond parental control, or beyond
the control
of the school or Education Department (Children Law,
Part IV).
209. The Government of the Islands has provided several
homes for the care of children. These are:
(a) Francis Bodden’s
Children’s Home
(b) Bonaventure Boys Home
(c) Maple
House
(d) The Place of Safety
During 1996, a total of
36 children were cared for at the Department of Social Services residential
facilities. Care orders made
to these homes are reviewed by the Court at most
every six months. Presently there is no provision for inspection of these
services.
However, on the coming into force of the Children Law there will be a
need, and plans are under way to provide for inspection of
all care
facilities.
Recovery of maintenance for the child
210. The Maintenance Law imposes duties for the
maintenance of children, and that law and the Affiliation Law provide for the
recovery
of maintenance from the absent parent or spouse. An application for
maintenance may be made by any person having the actual care
and custody of the
child. There is also provision under the Maintenance Orders (Enforcement) Law
for the enforcement of overseas
maintenance orders.
Adoption
211. Children may be adopted in the Cayman
Islands under the provisions of the Adoption of Children Law. This legislation
provides
that children may only be adopted with the consent of both parents or
guardian. However, the law provides that parental consent
may be waived by the
Court in cases of abuse or neglect if it is determined to be in the best
interest of the child. Once the child
is adopted all parental rights and duties
are transferred permanently to the adoptive parents. (See Adoption of Children
Law, section
15, and paragraphs 197 and 199 above.)
Abuse and neglect, including physical and psychological recovery and social reintegration
212. The criminal law and the laws pertaining
to children prohibit abuse and neglect of children (see Part VIA,
“Offences relating
to children” of the Penal Code as contained in
Schedule 3 of the Youth Justice Law). Children in such situations may be
removed
from the abusive environment by the police and the Department of Social
Services and placed in care. Perpetrators of such offences
are dealt with in
accordance with the law.
Child victims and their families of such abuse
may receive medical, psychological, psychiatric and social assistance in dealing
with
the trauma which may result. Reintegration in the family or social
environment from which they were rescued is encouraged if it
is deemed to be an
appropriate or safe place for the child in the future.
Periodic review of placement
213. Any order for the placement of a child or
young person in the care of the Department of Social Services is reviewed by the
Court
on a regular basis. The frequency depends on the type and nature of the
order, but such period of review does not usually exceed
sixmonth intervals.
This is not required by law but is an established practice.
Basic health and welfare
Survival and development
214. The infant
mortality rate is 10.7. This is based on the number of children who died under
one year of age per 1,000 children
born during the
year.
215. Immunization coverage in the Cayman Islands exceeds World
Health Organization standards. As of 1996 the coverage was as
follows:
Polio: 95 per cent
DPT: 94 per
cent
Haemophilus influenza: 94 per cent
MMR: 89 per
cent
BCG: 83 per cent
Influenza vaccines are offered to
high-risk groups and other persons. The hepatitis B vaccine is offered to all
health care personnel,
law enforcement and security officers.
Disabled children
216. Special education programmes and care
homes are provided for children with disabilities. These programmes are
monitored and
reviewed on a regular basis. The Education Department’s
early intervention programme has been closely monitored and has proven
successful in identifying problems and improving student’s
performance.
The Lighthouse School is especially equipped to assist the
needs of the disabled child. However, if the disability is not severe
the child
may be placed in the mainstream and allowed to withdraw for individual
attention.
Care homes for disabled children provide some educational
assistance during school vacation periods.
There is also the Special
Olympics Committee which coordinates local and international sporting events for
children and adults with
handicaps.
Health and health services
217. The Health Services Department provides
care for the Cayman Islands through the 59bed George Town Hospital, the
18bed Faith Hospital
on Cayman Brac and four district health centres and clinics
which provide general health care and dental and eyecare services. In
1996
there were 28 doctors in the government service, including three based on Cayman
Brac. There were 26 doctors in full-time private
practice, providing family
health or specialist medical care on a regular basis. Specialist services are
available in surgery, gynaecology
and obstetrics, paediatrics, internal
medicine, anaesthesiology, public health, orthopaedics, ophthalmology, ear, nose
and throat
and periodontology. Visiting specialists provide services in
dermatology, cosmetic surgery, faciomaxillary surgery and urology.
A full
picture of the number of health care professionals practising in the Islands is
provided in the appendix to this report.
218. All school age Caymanian
children and the children of government employees enjoy free medical care.
Health care is monitored
in all schools. Three health care professionals are
stationed at the government middle and high school on a continuing basis in
Grand Cayman. Eye and hearing tests are done in all schools regularly (at least
once per year) and in response to need on request.
Children must be
fully immunized to enter any primary school. Immunization records are to be
kept by the school the child attends.
219. Psychiatric services are
available in the Cayman Islands. The Mental Health Department functions within
the George Town Hospital
and is comprised of one psychiatrist, a psychologist, a
psychiatric social worker and two mental health nurses. Services which are
offered to children and adolescents include assessment, treatment, testing and
evaluation, family therapy and consultation. Trained
staff from the Department
visit two government schools once per week.
There is a need for adequate
inpatient facilities for mental health patients.
220. As of
January 1997, there were 21 registered day care facilities in the
Cayman Islands. Three were operated by the National
Council of Voluntary
Organizations in conjunction with the Department of Social Services.
Social security and standards of living
221. The Cayman Islands enjoy a high standard
of living. However, there are segments of society that are below the poverty
line.
The Government, through the Department of Social Services, assists
families in need in several ways:
(a) Periodical financial assistance,
i.e. weekly or monthly;
(b) Lunch, uniform and book vouchers for school
children;
(c) Burial assistance;
(d) Optical assistance
vouchers;
(e) Special needs placement and assistance.
The
Department of Social Services, in conjunction with voluntary organizations, has
also assisted needy families in repairing or building
their homes.
Education, leisure and cultural activities
222. The purpose of the Cayman Islands
Government school system, as the embodiment of the distinct ideals and values of
the Caymanian
people, is to develop the full and unique potential of all
students, challenging them to assume a productive and fulfilling role
in a
stable and multicultural society distinguished by rapid economic growth, through
an educational system characterized by visionary
leaders, caring and committed
teachers, responsible partnership with parents and the community, and a varied
and relevant curriculum.
223. The Education Law provides for free
compulsory education for all Caymanian children in the Islands of school age.
Free education
is available at public expense to children from the age of 3
years and 9 months. The Education Council, which consists of 12 members,
is responsible for promoting education and the development of
schools.
224. There are 20 primary and secondary schools, some of
which are operated by churches or other private organizations. Of this
number,
Government maintains, entirely at public expense, nine primary, one
middle and two secondary schools and a special school for mentally
or
physically disabled pupils. Within these schools there are 162 primary
teachers and 210 secondary teachers. Pupils at this level
total 2,669
boys and 2,739 girls (May 1997). All teachers must be licensed by the
Educational Council.
The total recurrent cost of the public education
system in 1995 was 12.7 per cent of the Government’s recurrent
budget for
the year. The amount allocated for education in 1995 was
CI$ 16.8 million.
225. At the tertiary level of education there are two
colleges: the Community College of the Cayman Islands, which is run by the
Government and offers certificates and diplomas in hospitality and financial
related studies, and the International College of the
Cayman Islands, which
is privately operated and offers up to a Masters Degree. Bachelor Degrees are
offered in a number of areas
including Accounting and International Finance,
Liberal Studies, and Office Administration. Masters Degrees are offered in
Business
(BMA) and Management, with concentration either in Human Resources or
Education.
There is also the Cayman Islands Law School which
provides tuition in programmes which lead to the Bachelor of Laws (Honours)
Degree
of the University of Liverpool and following the successful completion of
the postgraduate Professional Practice Course, the qualification
of
Attorney-at-Law of the Cayman Islands. In addition, the Law School offers a
parttime course leading to a Diploma in Legal Studies.
Most students on
leaving high school continue their education at one of the local colleges.
Many, however, go overseas for further
studies in the Caribbean, Canada,
United States or Great Britain. Scholarships are available from the
Government or the private
sector, and are based strongly on academic
performance. Funding is also available for further education through the
Agriculture,
Industrial and Development Bank.
226. Truancy is not a
notable problem in the Islands. There is, however, a truancy officer at the
Education Department who deals
with all referrals from schools.
227. The
Government and the people of the Cayman Islands recognize the right and need of
the child to participate in sport and cultural
activities. The Ministry of
Sports has established a sports office with a fulltime sports coordinator and
fulltime national coaches
for basketball, netball, swimming and football. The
Ministry’s policy, “Sport for All”, has been made a reality
in
the great development of sport and sport facilities in the Islands. Sport is
considered an important tool in positive youth development.
228. A new
sports complex was completed in 1995, which includes covered stands with seating
capacity for 3,000, an Olympic standard
athletic track and an
internationalstandard football field.
229. There is a wide range of
sporting and recreational activities available to children at little or no cost,
such as swimming (in
a halfOlympic size pool), water sports and organized
sports: track and field training, football, basketball, netball, badminton,
boxing to name just a few. Many of these organized sports are subsidized or
funded by Government or charitable organizations. Youths
are given the
opportunity to participate in regional and international sporting competition on
a very regular basis and many have
received awards as a
result.
230. There are many cultural activities in which children can
participate. The Education Department organizes annually the National
Children’s Festival of the Arts. In 1995 over 400 pieces of art were
on display, which were selected from the work of children
in all the schools on
the Islands. During the performing arts segment of the Festival, children
participate in song, dance, folklore,
choral singing and other musical and drama
presentations. Many of the cultural activities specifically geared for children
are organized
by or in conjunction with one of the four cultural bodies. These
are: the Cayman National Cultural Foundation (CNCF), the Cayman
Islands Museum,
the National Trust for the Cayman Islands and the Public Library. Summer
camps for children which focus on the historical,
environmental or cultural
aspects of the Islands are organized every summer in addition to drama, musical
and other activities sponsored
by these bodies throughout the year.
Special protective measures
231. The Cayman
Islands have enjoyed tranquillity and peaceful coexistence since its
colonization. There is no armed conflict in
the territory. The colony was
affected by an influx of Cuban refugees in 1994; this was an unprecedented
problem. Special facilities
for accommodation were set up for the refugees. A
school was also set up for all the 161 refugee children. Health and social
services
were also made available to the refugees.
Children in conflict with the law
Children in situations of exploitation
233. See paragraph 194 (j)
above.
234. The Cayman Islands are faced with a significant drug problem.
There is legislation in place to address the problem (the Misuse
of Drugs Law).
Organizations such as Cayman Against Substance Abuse (CASA) have greatly
assisted in dealing with the continuing
drug problem. CASA was founded in 1987
by Caymanian citizens concerned about the growth of drug and alcohol abuse in
the community.
Its philosophy is that knowledge is the key to prevention of
substance abuse. The organization seeks to educate children about
the dangers
of drugs and also to instil moral, spiritual, and social values.
There
are many clubs and organizations within the schools and churches which focus on
drug use prevention, such as the Just Say No
Club and Youth to Youth. The
Cayman Counselling Centre provides professional counselling services for drug
addicts and their families.
Canaan Land home is a privately operated,
residential rehabilitation facility for substance abusers.
Laws annexed
235. As noted above, the following laws are
annexed to this report:
Children Law 1995;
Youth Justice Law 1995, together with
the Youth (Detention Facility) Order 1996 and
the Youth Rehabilitation Schools Notice 1996;
Maintenance Law;
Adoption of Children Law.
February 1998
Appendix
Health professionals practising in the Cayman Islands
|
1991
|
1992
|
1993
|
1994
|
1995
|
1996
|
|||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Doctors
|
42
|
44
|
48
|
48
|
47
|
48
|
54
|
||||||
Dentists[2]
|
8
|
11
|
11
|
12
|
12
|
12
|
12
|
||||||
53 14 10 38 5 3 |
67 14 10 38 5 3 |
68 14 10 38 5 3 |
10 15 10 39 5 3 |
71 16 11 39 5 3 |
71 15 11 39 6 3 |
74 16 11 39 5 3 |
|||||||
All nurses
|
121
|
137
|
138
|
142
|
144
|
144
|
148
|
||||||
Other professionals
|
53
|
54
|
60
|
150
|
61
|
61
|
63
|
||||||
All health
professionals[6]
|
224
|
246
|
255
|
282
|
264
|
265
|
277
|
||||||
Per thousand at year-end population |
|||||||||||||
Doctors
|
1.6
|
1.6
|
1.6
|
1.6
|
1.5
|
1.4
|
1.5
|
||||||
Nurses
|
4.5
|
4.9
|
4.7
|
4.0
|
4.5
|
4.3
|
4.2
|
||||||
All health professionals
|
8.3
|
8.8
|
8.7
|
8.5
|
8.3
|
7.9
|
7.9
|
Source: Health Services Department. Cayman Islands Government.
MONTSERRAT
Introduction
236. The Convention on the Rights of the Child was
extended to Montserrat
on 7 September 1994.
237. Information relating to
Montserrat is set out in annex VIII to the core document submitted by the United
Kingdom of Great Britain
and Northern Ireland in respect of Overseas Dependent
Territories and Crown Dependencies on 14 September 1995
(HRI/CORE/1/Add.62).
238. In recent years Montserrat has suffered from a
series of natural disasters. In September 1989 it was devastated by
Hurricane
Hugo which caused an estimated £20,000,000 worth of damage and,
amongst other things, wreaked havoc on the agricultural and
tourist industries.
Much of the damage caused by the hurricane was repaired by mid-1995 and the
island was poised to recover economically.
This hope was, however, dashed on
July 1995 when the Soufriere Hills volcano erupted; this was followed by the
emission of super-heated
steam and ash falling onto villages established along
the flanks of the volcano. The situation grew worse and resulted in the
evacuation
of several villages and of Plymouth, the only town and the centre of
commerce, to the north of the island. Later approximately 6,500
residents, more
than half of the normal population, had to be relocated into cramped public
shelters, tents, churches and private
homes. Others left the island for the
United Kingdom and neighbouring Caribbean islands.
239. The passage of
Hurricane Louise in September 1995 with winds up to 140 mph did not help the
situation, causing damage to the
shelters and infrastructure and rendering more
desperate the plight of those who had been evacuated.
240. The volcanic
eruptions continued intermittently and increasingly throughout 1996 with a major
explosion on 17 September of that
year. There were no deaths, but this bout of
volcanic activity resulted in widespread damage, dust pollution and respiratory
problems,
a significant loss of dwellings and of commercial services, further
overcrowding in emergency shelters, a loss of jobs and a fall
in agricultural
production, and a consequent loss of government income. Emergency aid was
provided by the United Kingdom Government
in 1995/1996 to offset losses, and
still continues.
241. On 25 June 1997 a violent eruption of the Soufriere
Hills volcano devastated two thirds of the island, leaving at least 19 people
dead or missing. This was followed by several large pyroclastic flows which
destroyed Plymouth and its environs. Currently the
population of 3,500 is
now concentrated in the north and the island is administered from there.
General measures of implementation
Responsible authorities
242. The
administration of Montserrat is currently operated on an emergency basis.
However, scientists at the Montserrat Volcano
Observatory have indicated that
the risks to the north of the island are minimal and a sustainable development
plan for medium- and
longterm development is in the process of being
approved.
243. The rights and care of children are primarily the
responsibility of the Ministry of Education, Health and Community Services.
The
Legal Department and the Police are responsible for enforcing regulations
relating to children. A detailed breakdown of responsibilities
is as
follows:
(a) Education
- Kindergarten
- Primary
- Secondary
- Cultural influences
- Sports
(b) Community services
- Welfare
- Counselling
- Monitoring and assessment of juvenile offenders
- Foster care
- Policies and programmes
- Rehabilitation programmes
(c) Health
- Maternal and child health
- School health programmes
- Medical care
- Dental services
- Health education
- Mental health services
- Nutrition
(d) Legal
- Legal protection of children
- Enforcing regulations relating to children
(e) Police
- Investigation of child offences and offences against children
- Presentation of cases to the court
244. In addition, there are other support groups within the community
which promote the development of children. These include churches,
Cadet Corps,
Girl Guides and Boy Scouts.
Publication of Convention and
reports
245. Following the extension of the Convention to Montserrat,
the text of the Convention was circulated to Departments with responsibilities
for child-related matters, to the AttorneyGeneral’s Chambers and to the
public. The National Committee for the Promotion of
the Rights of the Child,
chaired by the permanent Secretary, Health and Community Services, was
established in February 1997. The
Committee also comprised representatives
from:
(a) The Education Department
- Guidance Counsellor
- Coordinator, Early Childhood Education
(b) The Attorney-General’s Chambers
(c) A member of the clergy from the Christian Council
(d) Social Welfare Department
- Principal Community Development Officer/Secretary
(e) A representative of the media
(f) A sixth form student
At an official launch of the Committee on 19
March 1997, a representative of UNICEF delivered the main address and copies of
brochures
and booklets on the Convention were circulated.
246. It is
intended to make copies of this report available in the Public Library.
Definition of the child
247. Under the Juveniles Ordinance a child is a person under the age of
14 and a juvenile a person above that age but under the age
of 16. An
individual becomes of full age, with civil rights, at the age of 21, but other
ages are relevant for certain legal purposes.
Criminal
law
248. (a) The age of criminal responsibility under which a child
cannot be convicted of a criminal offence is 10 years. A child over
that age but
under the age of 14 may only be convicted of a criminal offence if it is proved
that he had the capacity to know that
he ought not to do the act or make the
omission (Section 12 of the Penal Code).
(b) Unless charged together
with a person who is not a juvenile, juveniles are required to be tried in a
special court called the
Juvenile Court, which has special powers and procedures
appropriate to children.
Compulsory school
age
249. Compulsory school age is from 5 to 14 years.
Age
when marriage is permitted with or without parental
consent
250. Marriage solomnized between persons either of whom is
under the age of 16 years is null and void except where the Governor, “if
for serious reasons he considers it to be in the intereests of the intended
spouses to do so”, issues a licence in respect
of a person over the age of
15 (Marriage Law).
Ages to which restrictions on employment
apply
251. (a) No child under the age of 14 shall be employed or
shall work:
(i) in any public industrial undertaking;
(ii) in any private industrial undertaking, or on any ship, other than an
undertaking or on a ship on which only members of the same
family are
employed;
(iii) in any other employment other than employment by his parent or guardian
on domestic or agricultural work of a light nature at
home.
(b) No young
person (a person over the age of 14 and under the age of 18) shall be employed
on night work except in limited circumstances
where work has to be continuous by
reason of the nature of the process, e.g. the manufacture of raw sugar.
General principles
Legislation
252. The principal legislation which particularly concerns children is:
(a) Adoption of Children Act (Cap. 296)
(b) Education Ordinance (Cap. 132)
(c) Guardianship of Infants Act (Cap. 297)
(d) Juveniles Ordinance 1982 (No. 20 of 1982)
(e) Employment of Children Prohibition Act (Cap. 269)
(f) Employment of Women, Young Persons and Children Act (Cap. 270)
(g) Maintenance of Children Ordinance (Cap. 47)
(h) Penal Code (No. 12 of 1983)
Discrimination
253. The laws of Montserrat which relate to children and the services
provided for children by the Government apply without any discrimination,
whether on the grounds set out in article 2 of the Convention or otherwise.
Section 63 of the Constitution expressly prohibits discrimination on the grounds
of race, place of origin, political opinions, colour or creed.
The
best interests of the child
254. (a) Under the Guardianship of
Infants Act where in any proceeding before any court the custody or upbringing
of an infant (i.e. a person under the age of 18), or the administration
of any
property belonging to or held on trust for an infant, or the application of the
income thereof, is in question, “the
Court, in deciding that question,
shall regard the welfare of the infant as the first and paramount consideration
...”.
(b) Under the Juvenile Ordinance, every court in dealing
with a juvenile (person under 16) brought before it as being in need of
care and
attention or as an offender or otherwise shall have regard to the welfare of the
juvenile.
(c) Under the Adoption of Children Act, an adoption order will
only be made if the court is satisfied that the adoption order “will
be
for the welfare of the child”.
The right to
life
255. The right to life is protected by the criminal law. The
fundamental right to life is also afforded protection by section 53 of the
Constitution. The death penalty has been abolished by the Caribbean Territories
(Abolition of Death Penalty for Murder) Order 1991 (S.I. No.
988 of 1991)
in respect of the crime of murder.
Respect for the views of the
child
256. Under the Adoption of Children Act, the court, in making
an Order is required to have due consideration “to the wishes
of the
infant, having regard to the age and understanding of the infant”. The
views of juveniles are acceptable in court,
either as testimony or in the form
of an admission of their evidence or deposition.
Civil rights and freedoms
Name and nationality
257. Under the Registration of Births and
Deaths Law, notice of a birth is required to be given to the Registrar within 2l
days after
the birth. The change of a name in the Register thereafter is
subject to strict regulation and the original entry must not be
erased.
258. A child born in Montserrat is a British Dependent
Territories citizen if, at the time of his birth, his father or mother is a
British Dependent Territories citizen or settled in Montserrat. If neither of
the parents is so qualified at the time of the birth,
but subsequently become so
qualified while the child is a minor, the child is entitled to be registered as
a British Dependent Territories
Citizen. Further, a child born in Montserrat
and not otherwise such a citizen is entitled to be registered as a citizen after
he
attains the age of 10, if he has lived in the territory since birth without
an absence of more than 90 days a year. There is also
provision for the
avoidance of statelessness. A citizen by birth cannot be deprived of his
citizenship.
Freedom of expression and
association
259 These rights are secured by sections 60 and 61 of the
Constitution.
Access to appropriate
information
260. (a) Prior to the volcanic eruptions and earthquakes
referred to above, there was a public library at Plymouth. A limited library
was maintained at the main campus of the Montserrat Secondary School. There are
currently library services available from a small
private home. The main
library had, in the past, operated a mobile library service, but it is presently
discontinued due to staffing
and transportation problems. Radio Montserrat, a
governmentoperated station, seeks to supplement the educational service and to
provide programmes for children. Cable television services which provide
material for the instruction and entertainment of children
are received in the
island; they have a strong American influence.
(b) Section 291 of the
Penal Code enables the Governor in Council to prohibit the import of
publications which are contrary to the
public interest. This would include
pornography and other material that is unsuitable for children. The sale,
distribution or reproduction
of any publication so prohibited is a criminal
offence.
Freedom of thought, conscience and
religion
261. Sections 59 and 60 of the Constitution provide for
freedom of conscience and freedom of expression. Although schools are required
to have a daily Christian prayer and
reading from the scriptures, a child may be
withdrawn from such observance and from any religious instruction without its
having
any consequences as regards his secular instruction.
Protection
of privacy
262. Section 58 of the Constitution provides for the
protection of privacy of the home and other property.
The right not to
be subject to torture or cruel, inhuman or degrading treatment or
punishment
263. The United Nations Convention against Torture and
other Cruel, Inhuman or Degrading Treatment or Punishment extends to Montserrat
and is given effect to in law by the Criminal Justice Act, 1988 (Torture)
(Overseas Territories) Order, 1988 (S.I. 1988 No. 2242).
Family environment and alternative care
Parental guidance
264. The common law recognizes the
responsibilities and rights of parents for the maintenance, protection and
education of their children.
Parents may not be deprived of the care and
custody of their children except on the order of the Court and under the
Guardianship of Infants Act a mother has the same right to apply to the court
for guardianship as a father. Adoptive parents and legal guardians have the
same
responsibilities and rights as natural parents.
Parental
responsibilities
265. Under the Juveniles Ordinance, a parent or
other person who is legally liable to maintain a juvenile is deemed to have
neglected
the juvenile if he fails to provide him with adequate food, clothing,
rest, medical aid and lodging. Under that law, it is an offence
for any person
over the age of 17 who has the custody or care of a juvenile, wilfully to
assault, ill-treat, neglect, abandon or
expose such juvenile, or to procure
another person to do so, in a manner likely to cause the juvenile unnecessary
suffering or injury
to health, including injury to or loss of sight or hearing
or of any limb or organ, or any mental derangement. It is also an offence
to
cause or procure or allow any juvenile to be in any place begging or receiving
alms. A court may require a parent or guardian
to enter into recognizances to
exercise proper care and protection of a juvenile.
266. The Education
Ordinance requires parents to cause their children to receive efficient primary
education.
Separation from parents and children deprived of a family
environment
267. Provision is made in the juveniles Ordinance for
removing a child from his parents if the juvenile has been assaulted or
ill-treated.
The magistrate may issue a warrant authorizing any police officer
to search for the juvenile and remove the juvenile to a place
of safety; (see
also paragraph 272 below).
Recovery of maintenance for the
child
268. (a) The Maintenance of Children Ordinance provides that
where it appears to a magistrate that at parent is about to leave the
island
without making adequate provision for the support of his child, the magistrate
may summon him to show cause why the magistrate
should not make an order
prohibiting him from leaving the island; and if the magistrate is not satisfied
with the cause shown, he
may make such an order.
(b) The Maintenance
Orders (Facilities for Enforcement) Ordinance (Cap. 48) provides for the
enforcement of maintenance orders made
abroad.
Adoption
269. Provision is made for adoption by the Adoption of
Children Act. As noted in paragraphs 254 and 256 above, the court making
an
adoption order is to be satisfied that the adoption is for the welfare of the
child and shall take into consideration his wishes,
having regard to his age and
understanding.
Illicit transfer and non-return of
children
270. The criminal law makes it an offence to unlawfully,
either by force or by fraud, take away, entice or decoy any child under 14
from
any parent or guardian having legal care of that child. It is unlawful to take
away from her parents a girl under the age of
16.
Abuse and
neglect
271. Paragraph 265 above notes the responsibilities of
persons having the custody of a juvenile. If there is reasonable cause to
suspect that a juvenile is being abused or neglected, the juvenile may be
brought before a magistrate, detained in a place of safety
and brought before a
Juvenile Court. Any police officer or supervisor appointed by the court may
also bring a juvenile who is believed
(whether in the above cases or otherwise)
to be in need of care or protection before a Juvenile Court.
272. A
Juvenile Court may, if satisfied that the welfare of the juvenile (a person
under the age of 16) so requires:
(a) Commit the juvenile to the care of
any fit person who is willing to undertake his care where it deems it necessary
to remove
him from undesirable surroundings;
(b) Require the parent or
guardian to enter into a recognizance to exercise proper care and
guardianship;
(c) Place the juvenile, either in addition to or without
making an order described in subparagraph (a) or (b), under the supervision
of a
probation officer for a period not exceeding three years.
There are no
government or voluntary children’s homes in the island for children in
care.
273. Where a juvenile has been placed under the supervision of a
probation officer, that officer shall, while the order remains in
force, visit,
advise and befriend him and when necessary endeavour to find him suitable
employment.
Basic health and welfare
Survival and development
274. Prior to the volcanic
eruptions, the infant mortality rate for live births was 6.6 per 1,000
(1992).
275. The Government provides a basic childhood immunization
programme in respect of the following diseases: tuberculosis, diphtheria,
pertussis, tetanus, measles, mumps, rubella and polio. Selected boosters are
given at 19 months, 4½ years and 14½ years.
The Government has
maintained this programme despite the disruptions caused by the
eruptions.
Disabled children
276. Welfare services are
available for disabled children. Health services are also provided to the
disabled free. The Montserrat
Branch of the British Red Cross Society, with the
Government’s support, has catered for the educational needs of disabled
children.
All supporting aids are imported free of customs
duty.
Health and health services
277. (a) Prior to the
eruptions, there was a 67-bed hospital and 12 clinics on the island and the
Government provided free health
and dental services to various groups such as
children, the elderly, mentally handicapped and persons with certain chronic
illnesses.
The volcanic activity has destroyed the main hospital and 9 of the
12 clinics.
(b) Currently, the St. Johns Primary School has been
converted into a 30-bed hospital which is supported by the St. Peters, Cudjoe
Head and St. Johns Clinics. It is hoped that the Salem and Cork Hill clinics
can be recovered if volcanic activity were to cease
permanently. All medical
services are provided by the Government through a team of 4 doctors, 50 nurses
and 41 other health and
administrative personnel. Cases that cannot be treated
on the island are referred to neighbouring islands such as Guadeloupe, Antigua,
St. Kitts and Barbados.
(c) On the island health care is also
supplemented by a visiting specialist programme providing for overseas medical
consultants
to visit and provide shortterm care in various specialized areas
such as opthalmology, ear, nose and throat, pediatrics, obstetrics
and
gynaecology.
School health programmes
278. All forms of
health and dental services are provided free of cost to children. Health checks
are arranged between the district
health centres and the schools. Where there
are problems, children are referred to appropriate
specialists.
Services provided to expectant/nursing
mothers
279. Health services for expectant mothers include free
prenatal and post-natal care and referral, where necessary, to specialist
services. Expectant mothers are monitored throughout pregnancy at district
health centres and any deficiencies noted are corrected
through nutrition
supplement programmes and counselling. Where necessary, foster care services
are available.
Social security and standard of living
280. The Government
operates a social security scheme designed to provide medical and retirement
benefits. These include maternity,
invalidity, survivors, employment injury,
and sickness benefits and a funeral grant; details regarding these benefits are
set out
in the appendix to this report.
Education, leisure and cultural activities
Education
281. The Education
Law provides for compulsory education between the ages of 5 and 14. It is free
at primary and post primary schools,
but secondary schools may charge prescribed
fees. There is provision for scholarships to Government and assisted secondary
schools.
282. Before the eruptions there were 11 primary schools, a
comprehensive secondary school operating in three places in the island,
a
denominational secondary school and a technical college. The University of the
West Indies maintained an extramural department
at Plymouth and a privately
owned American University of the Caribbean was established on the
island.
283. During the volcanic crisis, 11 primary schools and two
campuses of the secondary school were destroyed or rendered unusable.
There are
now two primary schools in operation, one run by the Roman Catholic Church and
the other - the Brades Primary School -
by the Government. (The Brades Primary
School is also used as a shelter for relocated residents which puts a tremendous
pressure
on the available facilities such as toilets.) The secondary school is
accommodated in the Lookout Primary School supplemented by
portacabins. There
are no science laboratories and no playing areas.
284. In 1994 there were
two day-care centres and nine nursery schools. Currently there are one day-care
centre and two nursery schools.
This is a direct result of the volcanic
activity and the consequential loss of residents from the
island.
285. There has been a fall in the school-aged population as a
consequence of people leaving the island. At present there are approximately
275 primary school children on the island as compared with approximately 2,000
prior to the volcanic activity. The number currently
attending secondary school
is approximately 180 as compared with about 904 at pre-volcanic levels. There
has been a noticeable increase
in truancy since the volcanic
crisis.
Cultural activities
286. The Government formerly
provided for youth and sports organizations and cultural activities. In present
circumstances there
are no sporting facilities or community centres available.
The cultural officer has been removed from the establishment during the
recent
resource allocation review funded by the British Government. This has to a
large extent reduced the emphasis on culture and
its importance in the
redevelopment process.
Special protection measures
Situations of emergency
287. The present emergency and the
steps taken to deal with the consequences have been detailed
above.
Children in conflict with the law
288. The court
usually dealing with a child or young person is the Juvenile Court, though
juveniles may be tried in the Magistrates
Court, or in serious cases in the High
Court, if charged jointly with an adult. The procedures in the Juvenile Court
include the
exclusion, save with the leave of the court, of all persons other
than those, including the parents of any accused person, concerned
with the
case.
289. When a juvenile (over the age of 10 and under the age of 16)
is found guilty of an offence by a Juvenile Court, the Court may
make an order
committing him to custody, to the care of a fit person, or to the supervision of
a probation officer for a period of
three years. The Court must be satisfied
that a custodial sentence is in the best interests and for the welfare of the
juvenile.
Juveniles who are detained are required to be kept separately from
adults. Corporal punishment may not be awarded.
Drugs and sexual
abuse
290. The possession and supply of controlled drugs is a
criminal offence under the Drugs (Prevention of Misuse) Ordinance 1989. Under
the Penal Code, indecent assault of a girl is punishable by a maximum sentence
of 5 years imprisonment and sexual intercourse with
a girl by a maximum sentence
of 2 years imprisonment (if the girl is between 13 and 16)
and 14 years imprisonment (if the girl is
under 13 years). However,
reports from the courts and the social services do not indicate that either
drugs or sexual abuse is a
serious problem.
Annexes
291. The following laws are annexed to this report:
Juveniles
Ordinance, 1982
Employment of Children Prohibition Act
Employment of
Women, Young Persons and Children Act.
Appendix
Employment injury benefits
(a) Injury benefit is
payable for up to 26 weeks for insured persons incapable of work on account of
an industrial accident or disease.
(b) Disablement benefit may be
payable after 26 weeks if incapacity for work continues.
(c) Medical
expenses may be refunded if reasonably incurred as a result of such an
injury or disease.
(d) Death benefit is payable to the orphaned
unmarried children of a person who dies of such an accident or
disease.
Funeral grant
is payable for the funeral expenses of the dependent child of an insured person.
Invalidity benefits
are payable to insured persons over the age of 16 and under the age of 60 who
have made at least 50 contributions to the Social Security
Scheme and are
permanently incapable of being gainfully employed.
Maternity
benefits
Maternity allowance is payable to insured women who have made at least 26 contributions to the Scheme for a period of 12 weeks.
Maternity grant is payable to an insured woman or the wife (including common law wife) of an insured person if 26 contributions have been made to the Scheme in the last 52 weeks.
Sickness benefit
is payable to insured persons over the age of 16 who have made 26 contributions to the Scheme who are temporarily incapable of work because of illness. If the illness continues for more than 26 weeks, the individual may be eligible for Invalidity Pension.
Survivors benefit
An unmarried child under the age of 15 or, if in fulltime education, the age of 18, who was a dependent of a deceased insured person is entitled to a Survivor’s Dependent Pension.
October 1998
PITCAIRN ISLAND
Introduction
292. The
Convention was extended to the Pitcairn Islands Group on 7 September
1994.
293. Pitcairn Island, with an area of approximately 4.5
square miles, is the only permanently inhabited island in the Pitcairn Islands
Group in the South
Pacific; (the other islands are Henderson, Oeno and Ducie).
The Islands are situated on the direct shipping line between Panama
and
New Zealand and are approximately half way between the two. Pitcairn has a
population of some 50 persons, of who:
19 are males over the age of
18;
21 are females over the age of 18;
3 are males under the
age of 18;
7 are females under the age of 18.
A number of
islanders are, from time to time, absent from the Island. The community can
best be described as an isolated and very
remote coastal
village.
294. The administrative system of the Islands is
comparatively simple. The Governor of Pitcairn is the British High Commissioner
to New Zealand and a Commissioner
for the Island (located in the office of
the British Consulate General in Auckland, New Zealand) is responsible for
liaison between
the Governor and the Island Council. The Governor is the
legislature for Pitcairn. The internal affairs of the Island are managed
through the Island Council, which is established in accordance with the Local
Government Ordinance. It consists of the Island Magistrate
and the Chairman of
the Internal Committee, both of whom are elected by the Islanders; four other
elected members; two advisory and
nonvoting members (one appointed by the
Islanders, the other by the Governor); a member appointed by the Governor; and
the Island
Secretary, who is a public servant. The Island Council has
power to make regulations for the good government of the Island, including
the
economic and social betterment of the Islanders. In addition to the Island
Secretary, there is a Postmaster, Communications
Officer (a satellite
communications system was installed in 1992), Police Officer and Education
Officer, all of whom are appointed
by the Governor after consultation with the
Island Council.
295. The legal system is based on that of
England. Section 14 of the Judicature Ordinance provides that the common law,
rules of equity and the statues
of general application as in force on
1 January 1983 shall, so far as local circumstances permit, be the law
of Pitcairn, subject
to local ordinances made by the Governor. The Island Court
(which consists of the Island Magistrate sitting with two assessors)
has a wide
jurisdiction (including jurisdiction in guardianship, custody and maintenance),
but, as noted in the core document, it
is in fact rare for it to be required to
sit.
296. The Committee is referred to annex IX of the core document for the
Overseas Dependent Territories and Crown Dependencies of the
United Kingdom
(HRI/CORE/1/Add.62) for a further description of the islands, their inhabitants
and the system of government and the
laws.
General measures of implementation
297. As with other common law countries,
treaties (including the Convention on the Rights of the Child) do not of
themselves have
the force of internal law on the island, but, as will appear
below, a number of laws which are in force make provision for various
matters
contained in the Convention. However, the circumstances of the territory, and
the number of its inhabitants, puts a severe
limit on the services and
facilities which can be provided in relation to matters which are the subject of
the Convention.
298. It is intended to make this report and any comments
of the Committee available within the Island.
Definition of the child
299. An individual comes of full age and
capacity at 18 years of age. Before that age, he or she is a minor and
requires the consent
of a parent or person in loco parentis for marriage.
Section 2 (1) of the Interpretation and General Clauses Ordinance
defines a child as a person under 15 years of age.
The rule of English law
which presumes that a child under the age of 10 is incapable of being guilty of
an offence applies in the
Island.
General principles
Legislation
300. The principal
laws of the Island which specifically concern children are:
(a) The
following provisions of the Justice Ordinance: Part VIII, Maintenance and the
Care and Custody of Children, Sick and Aged
Persons and Persons of Unsound Mind;
Part X, sections 88, 92 and 103;
(b) The Adoption of Infants
Ordinance;
(c) Part IV of the Social Welfare Benefits Ordinance: Child
Benefits.
Discrimination
301. The measures in force in the Island which
reflect the rights referred to in the Convention do not discriminate between
children
on any of the grounds set forth in article 2. The statues of the
United Kingdom Parliament which prohibit discrimination are taken
to be
statues of general application which are in force in Pitcairn.
Best interests of the child
302. As was the case in the United Kingdom
before the enactment of the Children Act, the best interest principle is
implicit in various
measures taken in relation to children.
Right to life
303. The law of the United Kingdom which
recognizes the sanctity of life applies equally to Pitcairn by reason of
section 14 of the
Judicature Ordinance referred to above.
Respect for views of child
304. There is specific provision in section
6 (b) of the Adoption Ordinance requiring the court to be satisfied as to
the wishes of
the infant who is the subject of the application for adoption,
having regard to his age and understanding.
Civil rights and freedoms
Name and nationality
305. Under the Births
and Deaths (Registration) Ordinance, a birth is required to be registered within
two months. The requirement
to register includes a requirement to register the
child’s name. If, at any later stage, a name is given to the child, the
parent is required to register the name which is included in the register as an
addition to the particulars already registered.
306. Under the British
Nationality Act 1981 of the United Kingdom Parliament, a child born in the
Islands is a British Dependent Territories
citizen if at the time of his birth
his father or mother is a British Dependent Territories citizen or settled in
Pitcairn. If neither
parent is so qualified at the time of the birth but
subsequently becomes so qualified while the child is a minor, the child is
entitled
to be registered as a British Dependent Territories citizen. Further,
a child born in the Islands and not otherwise such a citizen
is entitled to be
registered as a citizen after he attains the age of 10 if he has lived in the
territory since birth without an
absence of more than 90 days a year. There is
also provision for the avoidance of statelessness. A citizen by birth cannot be
deprived
of his citizenship.
Freedom of expression and association
307. It is a principle of law, that a person,
including a child, is entitled to do anything unless it is expressly forbidden
by law.
Accordingly, a child has the rights set out in articles 13 and 15
of the Convention, subject only to the restrictions prescribed
by law, as
recognized in those articles and to the responsibilities of the parents as
recognized in article 18.
Access to appropriate information and the mass media
308. The Island has no radio, television or
newspapers, although a news sheet - the “Pitcairn Miscellany” - of
social
information is published by the Education Officer. There is a library
containing books, magazines and videos to which children have access, in
addition to a library in the Island school. The importation
or possession of
indecent or obscene material is an offence under section 99 of the Justice
Ordinance.
Freedom of thought, conscience and religion
309. Every person in the Island has the right
to freedom of thought and conscience and religious freedom, subject to the
limitations
prescribed by law as recognized by article 14 and subject to
the right of parents to provide guidance. The only church on the Island
is the
Seventh Day Adventist Church, with a resident pastor.
Article 37 (a)
310. The conduct referred to in the first
sentence of article 37 (a) would constitute an offence under section 82 of
the Justice Ordinance.
The only offences carrying capital punishment in
Pitcairn are treason and piracy; the death penalty has not been imposed since
1897.
Under section 33 of the Justice Ordinance, unless otherwise
specified, no child convicted of any offence shall be liable to imprisonment.
There is no contrary provision in the laws of the Island.
Family environment and alternative care
Parental guidance and responsibilities; abuse and neglect of children
311. The common law
recognizes the responsibilities and rights of parents and this extends to
adoptive parents by virtue of section
15 of the Adoption Ordinance.
Section 92 of the Justice Ordinance also makes specific provision to this
effect: “It is the
duty of every person who has the custody of any child
to provide such child with the necessities of life and any person who misapplies
any money paid by any other person for the maintenance of such child, fails to
provide such child with the necessities of life, or
abuses, neglects, abandons
or maltreats such child shall be guilty of an offence ...”. Carnal
knowledge of a young girl is
also an offence, but the law as drafted at present
on this point is defective. Sections 69, 70 and 71 of the Justice
Ordinance empower
the Court to require the fathers of legitimate and
illegitimate children to provide maintenance for their
children.
312. There is no local legislation other than section 92
of the Justice Ordinance specifically for the protection of children, so
that,
if necessary, the pre1983 statues of the Parliament of the United Kingdom
for the protection could be invoked.
Adoption
313. An Adoption Ordinance makes provision for
the adoption of children and connected matters. There have been nine adoptions
since
1954, the latest in 1979.
Illicit transfer of nonreturn of children
314. There is no known instance of the illicit
removal or transfer of children from Pitcairn Island.
Basic health and welfare
Health
315. There is a
health clinic on the Island, a dental officer and a nurse. A doctor visits on
an ad hoc basis; and the Island has
been able to procure medical assistance from
the surgeons of passing ships. OnIsland medical and dental treatment is free,
though
there is a charge for prescriptions. The Government meets two thirds of
the transport and hospitalization costs (full costs for
pensioners) for patients
sent to New Zealand.
316. The nurse provides an immunization
programme.
317. It is an offence for any person under the age of 18 to
smoke tobacco (section 101 of the Justice Ordinance) and under the Alcohol
Code,
made under the Alcohol Ordinance 1997, no person is authorized to purchase or
consume alcohol without a licence; no licence
may be issued to a person under
the age of 18.
Welfare
318. Under the Social Welfare Benefits
Ordinance, child benefits may be granted from public funds to the parents or
guardians of:
− children under the age of 15; and
− children between the age of 14 and 18 who are attending fulltime education at the Island School.
At present, two families are
receiving child benefit.
Education, leisure and cultural activities
319. Education is free and compulsory from the
ages of 5 to 15 years. The equipment in the school includes a lighting plant, a
film
projector, piano, record player, tape recorder, sewing machines,
typewriters and a wide range of tools for technical training. The
curriculum is
based on the New Zealand curriculum and practical training is given which
is designed to prepare pupils for the variety
of practical tasks necessary to
meet the needs of such an isolated community. Teaching is provided by a
qualified schoolteacher
recruited from New Zealand. Scholarships are
provided by the Island Government for further education or training in
New Zealand.
320. Handicrafts, which are one of the sources of
income for the Islanders, are taught by parents at home, who hand down their
skills
to their children.
321. The Pitcairn dialect (a mixture of English
and Tahitian) is reserved and since 1996, has been taught by a locally employed
teaching
assistant. Sport and leisure activities involving children are
informal.
Special protective measures
Children and the law
322. Section 33 of
the Justice Ordinance provides that, unless otherwise specified, no child
convicted of an offence may be imprisoned.
As noted above, no provision to the
contrary exists in the laws of the Island. Children may give evidence without
taking an oath
or making an affirmation.
323. Children are expected to
help their parents in the production of handicrafts, which is a family activity,
less so in gardening.
They also take part in fishing - a necessary part of the
economy of the Islanders, but one seen as an enjoyable pastime.
December
1997
ST. HELENA AND ITS DEPENDENCIES
PART I: ST. HELENA
Introduction
324. The
Convention on the Rights of the Child was extended to St. Helena
on 7 September 1994.
325. Information relating to
St. Helena is set out in annex X to the core document submitted by the
United Kingdom of Great Britain
and Northern Ireland in respect of Overseas
Dependent Territories and Crown Dependencies on 14 September 1995
(HRI/CORE/1/Add.62).
Particular attention is drawn to the information on the
general legal framework and human rights contained in that
annex.
326. The following changes to the information in that annex should
be noted:
Gross domestic product per capita £1,727 (1994/95)
Gross national product £10,526 million (1994/95)
Rate of inflation 3.2 per cent (November 1997)
Rate of unemployment 14.2 per cent (March 1997)
Population 5,010 (1998 census - preliminary figure)
Percentage of population speaking
English as a mother tongue 100 per cent
Life expectancy Males 68.8 years
Females 76.9 years
(198796 average)
Infant mortality rate 17.9 per 1,000 live births 5 year moving average
(1992-1996, too few to provide separate steady and reliable rates for each sex)
Maternal mortality rate No deaths in 5 years 1992-1996
Birth rate 13.1 per 1000 population 5 year moving average 1992-1996
Death rate (females) 6.8 per 1,000 population 5 year moving average 1992-1996
Death rate (males) 10.0 per 1,000 population 5 year moving average
1992-1996
Percentage of population Males under 15 - 28.4 per cent
under 15 years of age Females under 15 - 27.1 per cent
Percentage of population Males over 65 - 7.9 per cent
over 65 years of age Females over 65 - 9.5 per cent
Percentage of population Rural - 57.2 per cent; urban (Jamestown
in rural and urban areas and Half Tree Hollow) - 42.8 per cent.
327. On ratification of the Convention, the United Kingdom made a
number of reservations in respect of itself and the dependent territories.
These were:
(a) The right to apply its own legislation as regards entry
into, departure from and residence in the territory, and
citizenship;
(b) As regards article 32 (2) (b) (hours and
conditions of employment), the right to treat certain persons under 16 not as
children,
but as “young persons”;
(c) Where there is a lack
of suitable detention facilities or where the mixing of adults and children is
deemed to be mutually beneficial,
not to apply article 37 (c) as
regards the separation of children and adults in detention.
It is
considered that it would be premature to withdraw the reservations made by the
United Kingdom in respect of St. Helena.
General measures of implementation
328. As is noted in the annex to the core
report, treaties which apply to St. Helena (including human rights
treaties) do not have
the force of internal law and cannot be directly invoked
before the Courts though the Courts will, when possible, construe domestic
legislation in such a way as to avoid conflict with applicable treaties. If a
treaty requires some change in existing law (which
need not necessarily be the
case as existing law or administrative practice may suffice to give effect to
the treaty) new domestic
law must be enacted. Generally, where such domestic
legislation is required to give effect to the treaty, such legislation is
usually
enacted prior to the entry into force of the said treaty in respect of
St. Helena. With respect to the Convention on the Rights
of the Child, the
measures which give effect to the provisions of the Convention are described
below.
Responsible authorities
329. The Departments of the Government of
St. Helena which are responsible for matters relating to children
are:
The Education Department, which is responsible for all
matters relating to schools and education;
The Employment and Social
Services Department, which is responsible for the following matters with
respect to
children:
(a) Fostering;
(b) Adoption;
(c) Absence of
parents from the Island;
(d) Assessments and applications for admission
into the children’s home;
(e) Maintaining a children’s
home;
(f) Meeting the needs of the handicapped and children with special
needs;
(g) Support to families and carers;
(h) Interviewing and
investigating abuse;
(i) Nonschool attendance, and any other casework
related to children;
(j) Memorandum of good practice with Police
Department;
(k) Probation and Community Service Orders imposed by the
Courts;
(l) Providing counselling whenever required.
The Health Department, which is responsible for the general administration and supervision of health services and healthrelated matters on St. Helena, and more particularly with regard to children, the provision of:
(a) Antenatal care to expectant mothers,
including regular examination/tests and parent craft
classes;
(b) Postnatal care to mother and baby, which includes home
visits in the initial 10 days after birth;
(c) Child welfare
clinics for children up to 5 years old.
Publication of Convention and reports
330. The text of the Convention on the Rights
of the Child has been circulated to departments and officials with
responsibilities
for childrelated matters. These included, inter alia,
the Education Department, the Health Department, the Social Services Department
and the Police Department.
331. It is intended also to make copies of
this report available to members of the Legislative Council and in the Public
Library at
Jamestown.
Definition of the child
332. In general terms, an individual becomes of
full age, with full civil rights at 18. Under that age he or she is generally
referred
to as a child. Under section 1 of the Child Care Ordinance
(No. 3 of 1996 of the Laws of St. Helena), “child” has
been
defined to mean a person who has not attained the age of
18.
333. However, other ages are relevant for certain legal
purposes:
(a) A child under the age of 10 is conclusively presumed to be
incapable of committing a criminal offence;
(b) A child between the ages
of 10 and 13 (inclusive) can only be convicted of a criminal offence if it is
proved that he or she
knew what they were doing was wrong;
(c) A
“child” and a “young person” for the purposes of the
Children and Young Persons Ordinance 1965, are
respectively defined as a person
under the age of 16 and a person who has attained the age of 16 and is under the
age of 18;
(d) A person requires parental consent to marry if under the
age of 18;
(e) A girl under the age of 16 cannot legally consent to
sexual intercourse;
(f) The sale of liquor to persons under the age of
18 is prohibited under the Liquor Ordinance;
(g) The employment of a
person under the age of 18 in a tavern which is open for the sale or consumption
of liquor is also prohibited
under the Liquor Ordinance;
(h) The sale of
tobacco to children under the age of 16 is prohibited.
General principles
334. The principal legislation which
particularly concerns children in St. Helena is the Child Care Ordinance
(No. 3 of 1996). Other
ordinances relevant to children are the Children
and Young Persons Ordinance (No. 19 of 1965), the Juveniles Smoking
Ordinance (Cap.
58) and the Education Ordinance (No. 4 of
1989).
The Child Care Ordinance 1996
335. This Ordinance consolidated and amended
the law relating to the status and care of children. It covers, among other
matters:
(a) The status and care of children and the responsibilities
and powers of those, who for the time being, are in charge of
them;
(b) Legitimacy and legitimization by the subsequent marriage of
parents;
(c) Adoption;
(d) Custody
orders;
(e) Guardianship;
(f) Fostering of
children;
(g) Affiliation orders, maintenance and attachment of earnings
for maintenance;
(h) The property rights of illegitimate
children;
(i) The responsibilities and powers of the public authorities,
including those of a Child Care Officer, a newly created post.
336. The
Ordinance also addressed problems caused by some parents being forced to leave
their children on the Island when taking up
overseas employment. It had been
the custom in those circumstances for parents to make informal arrangements for
the care of their
children while they were away, but problems arose when
inevitably some of those arrangements broke down and the Government was asked
to
assist. Prior to the enactment of the Child Care Ordinance the
Government’s powers to assist were limited. The Ordinance
provides for
various formal arrangements which can be made by parents for the care of their
children while the parents are away.
Most importantly on this issue, it gives
the Child Care Officer the ability to help parents to make the most appropriate
arrangements
for the care of their children.
Discrimination
337. The laws of St. Helena which relate
to children and the services provided for children by the Government apply
without any discrimination
whether on the grounds set out in article 2 of the
Convention or otherwise.
The best interests of the child
338. Section 7 of the Child Care Ordinance
requires the Court, in any proceedings involving the upbringing of a child, his
legal custody,
or the administration of his property, to have regard for the
“best interests of the child” in deciding any issue with
respect to
such child. The court in making its decision must “... regard the welfare
of the child as the first and paramount
consideration”.
The right to life
339. The right to life is protected by the
criminal law.
Respect for the views of the child
340. Section 114 (1) of the Child Care
Ordinance states:
“(1) In reaching any decision relating to a child in his care, the Child Care Officer must give first consideration to the need to safeguard and promote the welfare of the child throughout his childhood; and must so far as practicable ascertain the wishes and feelings of the child regarding the decision and give due consideration to them, having regard to his age and understanding.”
Civil rights and freedoms
Name and nationality
341. Under the Births
and Deaths (Registration) Ordinance all births on the Island are required to be
registered. Included on the
register is the child’s name, sex, names of
his parents and his date of birth.
342. A child born in St. Helena
is a British Dependent Territories citizen if, at the time of his birth, his
father or mother is a
British Dependent Territories citizen or settled in
St. Helena. If neither of the parents is so qualified at the time of the
birth
but subsequently become so qualified while the child is a minor, the child
is entitled to be registered as a British Dependent Territories
citizen.
Further, a child born in St. Helena and not otherwise such a citizen is
entitled to be registered as a citizen after he
attains the age of 10 if he has
lived in the territory since birth without an absence of more than 90 days a
year. There is also
provision for the avoidance of statelessness. A citizen by
birth cannot be deprived of his citizenship.
Preservation of identity
343. There is no provision which permits the
name of a child to be changed so as to pose a danger of the child losing his
identity.
Freedom of expression and association
344. It is a principle of law that a person, including a child, is entitled to do anything unless it is specifically forbidden by law. Accordingly, a child has the rights set out in articles 13 and 15 of the Convention, subject only to the restrictions prescribed by law as recognized in those articles and to the responsibilities of the parents as recognized in article 18.
Access to appropriate information
345. There
is a public library which is augmented by a mobile library which serves all
parts of the Island. There are health education
programmes for all children of
school age. Programmes include lectures on hygiene, family planning and health.
There are broadcasts
for children of an educational or informative nature.
There is no problem on St. Helena of children having access to pornographic
or other unsuitable material. The importation of pornographic material is
prohibited and the grant of the licence to the television
operator prevents the
broadcast of obscene or other objectionable material.
Freedom of thought, conscience and religion
346. Every person in St. Helena has the
right to freedom of thought and conscience and religious freedom, subject only
to the limitations
prescribed by law as recognized by article 14 and
subject to the right of parents to provide guidance. There is no compulsory
public
religion in St. Helena. Religious education is taught in the upper
school but no child is forced to attend if it is against his,
or his
parent’s will.
The right not to be subject to torture or cruel, inhuman or degrading treatment or punishment
347. The United Nations Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment extends to
St. Helena
and is given effect to in law by the Criminal Justice Act 1988
(Torture) (Overseas Territories) Order 1988.
Family Environment and alternative care
Promotion of welfare and parental guidance
348. Under the Child
Care Ordinance it is the duty of the Child Care Officer to make available such
advice, guidance and assistance
(in kind or cash in exceptional circumstances)
as may promote the welfare of children and to diminish the need for children to
be
received into or kept under formal care under the Ordinance or to be brought
before the Court. The diminishing of the need for children
to be received or
kept under formal care is to some degree a recognition that parents are the best
people to bring up their children
and also to some extent a recognition of their
rights and responsibilities, which is the rationale of those provisions. A
parent
may not be deprived of the care and custody of a child under the
Children’s and Young Persons Ordinance or the Child Care Ordinance
except
under an order of the Court.
In carrying out the duties referred to
above, the Child Care Officer may also make arrangements with voluntary
organizations or other
persons for the provision by those organizations or
persons of advice, guidance or assistance.
Parental responsibilities
349. The common law recognizes the
responsibilities and rights of parents as regards the maintenance, protection
and education of
their children. Under section 3 of the Child Care
Ordinance, “Parental rights and duties” is defined to mean in
relation
to a particular child, whether legitimate or not, all the rights and
duties which by law the mother and father have in relation to
a legitimate child
and his property. Thus the parental rights and duties in relation to an
illegitimate child are the same as with
a legitimate child. Further, under
section 102 of the Child Care Ordinance there is a presumption that in
dispositions of property,
references to children and other relatives include
references to, and to persons related through, illegitimate children. Thus in
a
disposition, a reference to the child of a person is to be construed as, or as
including, a reference to any illegitimate child
of that person.
Separation from parents and children deprived of a family environment
350. Where it appears to the Child Care Officer
with respect to a child who appears to be under the age of 17 that he has
neither
parent or guardian or is abandoned or lost, or his parents are (through
mental or bodily disease or other incapacity) unable to provide
for his proper
accommodation, maintenance or upbringing, the Child Care Officer must receive
the child into his care where his intervention
is necessary in the interests and
the welfare of the child. The Child Care Officer has to keep any child received
into his care
for as long as the welfare of the child requires it. The
Ordinance, however, does not authorize the Child Care Officer to keep a
child in
his care if a parent or guardian desires to take over the care of the child and
is capable of doing so; and where it is
consistent with the welfare of the
child, the Child Care Officer should endeavour to secure that the care of the
child is taken over
by the parent or guardian. The Child Care Ordinance also
contains detailed provisions relating to the fostering of children. Rules
made
under the Children and Young Persons Ordinance set guidelines for
children’s homes. Detailed criteria have also been
developed by the
Social Services Department with respect to fostering and foster parenting which
are implemented along with the fostering
provisions of the Child Care
Ordinance.
Family reunification
351. There are no restrictions on immigrants
bringing their children with them to St. Helena.
Recovery of maintenance for the child
352. The Child Care Ordinance makes provision
for orders for maintenance in circumstances relating to guardianship, custody,
affiliation
and also in respect of children who are in care. The Ordinance also
provides for attachment of earnings in respect of payment orders.
Adoption
353. Adoption is now governed by the Child Care
Ordinance. An adoption order vests the parental rights and duties relating to a
child
in the adopters on their application or that of the Child Care Officer
acting on their behalf. The making of an adoption order operates
to extinguish
any parental right or duty relating to the child which was vested in the parent
or guardian of the child immediately
before the making of the order. It also
extinguishes any duty to make payments in respect of the child’s
maintenance for any
period after the making of the order. It should be noted,
however, that the above position does not apply to a duty arising by virtue
of
an agreement which constitutes a trust or which expressly provides for the duty
not to be extinguished by the making of an adoption
order.
354. An
adoption order will not be made unless the Court is satisfied that the Child
Care Officer has been afforded sufficient opportunity
to see the child with the
applicants together in the home environment. The Court will have regard to the
best interests of the child
and would, as a matter of practice, give due
consideration to the views of the child having regard to his age and
understanding.
Illicit transfer and non-return of children
355. There are no cases in St. Helena involving
the illicit transfer and non-return of children.
Abuse and neglect
356. The Children and Young Persons Ordinance
contains provisions which are designed to provide for the care and protection of
children
who have been the subject of neglect or cruelty. Under the Ordinance,
children who are in need of protection must be brought before
a Juvenile Court
which may make appropriate orders to secure the safety of the child. The
Ordinance also creates certain offences
with respect to children. These include
offences relating to cruelty to children, causing or procuring a child to beg,
allowing
children in brothels, causing or encouraging the prostitution of girls,
and causing or allowing children to be in bars of licensed
premises. The Child
Care Ordinance also contains detailed provisions relating to the fostering of
children. Under section 133 of
the latter Ordinance, the Child Care Officer may
inspect premises in which a foster child is being kept.
Survival and development
357. The infant mortality rate is 17.9 per
1,000 live births (five year moving average).
Immunization programmes
358. There is an island-wide vaccination
programme which is virtually 100 per cent effective and which is offered free to
cover children
against tetanus, diphtheria, polio, measles, mumps, rubella and
TB. The programme for vaccination is in line with British guidelines
and is
updated on a regular basis.
Health and health services
359. There is a main hospital (the General
Hospital) and seven clinics. These are serviced by: 3 doctors (2
surgeons and 1 anaesthetist),
1 dentist, 2 dental technicians, 2 dental surgery
assistants and 1 dental hygienist, 61 nurses including midwives, nursing
assistants
and trainees, 1 physiotherapist, 4 pharmacists and 10 health
visitors. There is also a home for the elderly which is serviced by
2 wardens
and 14 care attendants who also rotate to the Elderly Care Unit at the General
Hospital.
No psychiatric services are available on the Island, but there
do not appear to be any special psychiatric problems in St.
Helena.
There are three privately managed and operated day care
centres.
360. Services are provided to expectant and nursing mothers.
There is an all-encompassing fee for maternity admissions which stands
currently
at £8.25. The fee covers all eventualities except caesarean section, for
which an additional charge at a subsidized
rate is made.
Children’s health programmes
361. Free medical treatment, including hospital
admissions, is offered to all children under the age of 15. Free dental
treatment
is also available to all children up to the age of
15.
362. Health programmes for all school children, including nursery
school children, include checks with respect to hygiene, hearing
and vision and
annual dental checks, with referrals to doctor if necessary.
363. Other
health concerns of children are also addressed by the Juveniles Smoking
Ordinance which makes it an offence for anyone
to sell or give any cigars,
cigarettes, smoking or chewing tobacco to any person under 16 years of age for
his own use, and the Liquor
Ordinance which prohibits the sale of liquor to
persons under the age of 18.
Disabled children
364. There is a custom-built seven-bed home for
children who are physically or mentally disabled, which is administered and run
by
the Public Health Department. The home is operated by a dedicated nursing
staff who also provide support for similar children in
the community and provide
respite care for those in need.
Social security and standards of living
365. The following social security benefits are
paid to claimants:
(a) An unemployed person is paid £5 per child
per week for each child up to the age of 15, with a maximum of £40 per
family;
(b) An income-related benefit of £7 per week per child is
payable to persons over the age of 60 or to those who are certified
as unfit for
work, with a maximum of £45 per family;
(c) An unemployment benefit
of £12.80 per week is payable to persons who have passed school-leaving age
and who have not been
successful in obtaining employment or a placement on the
youth training scheme until such time as they are employed.
Education, leisure and cultural activities
366. The Education Ordinance makes it the duty of
every parent to ensure that every child between the ages of 5 and 15 (compulsory
school age) attends school.
The Ordinance also prohibits the employment
of any child under the age of 15 during school hours.
367. There are five
first schools (for children aged 3 to 7), three middle schools (for children
aged 8 to 11) and one upper school
(for children aged 12 to 17), all of which
are government-run and free. There are no religious foundations or private
schools.
368. The number of teachers in each of the aforementioned
categories of school together with the number of pupils in each category,
distinguished by sex, is given below:
Teachers
30 First
school teachers: 0 Male 30 Female
30 Middle school teachers: 6 Male 24
Female
53 Upper school teachers: 17 Male 36
Female
Pupils Boys Girls Total
First
schools: 169 168 337
Middle schools: 157 135 292
Upper
schools: 218 190 408
369. A student scholarship scheme makes
provision for higher education in the United Kingdom in respect of suitably
qualified pupils.
Up to six students per year can benefit under the scheme.
There are no arrangements in place privately for further or higher education.
There are no specialist vocational schools but the upper school offers technical
training in specific areas for apprentices.
370. Steps are being taken
for the establishment of a training council which will be responsible for the
setting up, certification
and monitoring of appropriate vocational
courses.
371. School Attendance Officers are appointed to deal with any
cases of truancy which may occur. Truancy is, however, not a problem
on the
Island.
Aims of education
372. The Department of Education’s
objective is: “To provide a high quality education service that is cost
effective
and meets the needs of individuals and the Island”.
Leisure, sports and cultural activities
373. Sport and games are organized by
individual schools and are an integral part of each school’s curriculum.
Private organizations
such as the Boy Scouts, the Girl Guides, Pathfinders,
Brownies and the Church Lads’ Brigade also play an important role in
this
regard. They arrange their own programmes for leisure and sporting and cultural
activities for children who are members of
the respective organizations. These
include social activities such as games, parties, physical education, physical
recreation and
outdoor activities such as camping. Crafts and hobbies are also
included. These organizations through their activities seek to
assist young
people to achieve their true intellectual, social, physical and spiritual
potential.
Special protection measures
374. There is no refugee problem in St. Helena.
Also there is currently no armed conflict affecting St. Helena.
Children in conflict with the law
375. The Court in St. Helena that has specific
jurisdiction to try offences or otherwise exercise particular jurisdiction in
respect
of children is the Juvenile Court. The Juvenile Court was created by,
and exercises the jurisdiction conferred by, section 12 of
the
Magistrates’ Courts Ordinance 1968. For the purpose of that Ordinance a
juvenile is a person under the age of 17.
376. There are no special
provisions governing the arrest of children. However, the Criminal Procedure
Ordinance 1975 provides for
the detention of young offenders (i.e. persons under
the age of 16). Detention shall not be in a prison unless there is no other
suitable place of custody. Other sentences are conditional discharge, probation
orders, community service orders (for persons under
the age of 14) and fines
(recoverable from parents or guardian if imposed on a child under the age of
14).
377. Judicial corporal punishment is not permitted. A sentence of
death may not be pronounced against a child; instead a child may
be detained
during Her Majesty’s pleasure.
Children in situations of exploitation
378. Under the Children and Young Persons
Ordinance, children under the age of 15 are prohibited from employment on
vessels. Under
the Education Ordinance, employment of children under the age of
15 during school hours is also prohibited.
379. There is no drug problem
on St. Helena.
380. No problem exists on St. Helena regarding the sexual
exploitation of children. There are no Island cases involving the sale,
procurement or abduction of children.
381. There are no minority or
indigenous peoples on the Island.
Annexes
The following laws are annexed to Part I of this
report:
The Child Care Ordinance 1996
The Children and Young Persons
Ordinance
PART II: ASCENSION
Introduction
382. The Convention on the Rights of the Child was
extended to Ascension Island on 7 September
1994.
383. Ascension lies in the South Atlantic some 750 miles north-west
of St. Helena, with an area of 34 square miles. It is an important
communications centre, providing international telecommunications services via
satellite to all parts of the world. The Island has
an airport and a monthly
shipping service. There is a small farm which supplies meat, vegetables and
eggs.
384. The population in 1997 was some 1,111. Apart from the St.
Helenians (771), the population consisted of expatriates (110 from
the United
Kingdom and 230 from the United States of America). The employed
population (many accompanied by their families) work
for the Administration, the
Ascension Islands Services (“AIS”), the Royal Air Force and its
civilian sub-contractor,
the communications organizations on the island, and or
the United States Air Force and its civilian sub-contractor. Employment
contracts
are for limited periods from one to three years, but many people
repeatedly renew their contracts and many employees and their families
have
lived on Ascension for more than 20 years. There are 128 children on the
island.
385. The head of the administration is the Administrator, who is
appointed by the Secretary of State and is responsible to the Governor
of St.
Helena. The Administrator is advised by an “Island Group” composed
of representatives of organizations operating
on the island. Services on the
island are mainly provided by AIS (a joint venture established by the British
Broadcasting Corporation
and Cable & Wireless plc to provide a range of
services). These include fire and emergency services, electrical installations
and services, public works (roads, buildings and accommodation services),
sanitary services (refuse, sewers, town maintenance and
sports field
maintenance, and environmental health), medical services (hospital, medical and
dental), a school (“Two Boats
School” providing junior and senior
education for children in the 4 to 16 age group), and shops. There is also a
small police
force, a government savings bank and post office. The cost of
administering the island was about £2 million in 1997/98 and
is met by a
per capita levy on each employee.
386. Under the Application of St.
Helena Law (Ascension) Ordinance 1987, the law of St. Helena (including
English law applied to St.
Helena by the Application of English Law Ordinance
1987) is in force in Ascension insofar as it is suitable to local circumstances
and with necessary modifications, and save insofar as there are inconsistent
laws specifically applied to Ascension. Such specific
laws include British laws
which expressly apply to Ascension otherwise than under the 1987 Ordinance and
laws made by the Governor
of St. Helena for Ascension. The St. Helena Child
Care Ordinance 1996 does not apply to Ascension as there is insufficient
infrastructure
on the island to implement it. However the Children and Young
Persons Ordinance 1965 of St. Helena (as amended from time to time)
does
apply.
387. There is a magistrate’s court in Ascension with civil
and criminal jurisdiction and the Administrator is ex officio the
magistrate.
In criminal cases (including cases involving juveniles), the magistrate’s
court may be composed of the Administrator
sitting alone or with justices of the
peace, or by a bench of two justices. Justices are appointed from among the
Island’s
inhabitants. In civil cases the magistrate sits alone. The
Supreme Court of St. Helena has original jurisdiction in Ascension and
appeals
from the magistrate’s court lie to the Supreme Court, the judge of which
visits the Island approximately annually if
required.
General measures of implementation
388. The position with regard to the application of
treaties is the same as in St. Helena.
389. The Administrator is aware of
the Convention. It is intended to make this report and any comments of the
Committee available
within the Island at the two public libraries.
Definition of the child
390. The age of majority in Ascension is 18 years
and anyone below that age is a minor. In conformity with the Application of St.
Helena Law (Ascension) Ordinance 1987, applicable law provides that other ages
are relevant for certain legal purposes. Among these,
the following should be
noted:
(a) A child under the age of 10 is conclusively presumed to be
incapable of committing a criminal offence;
(b) A child between the ages
of 10 and 13 (inclusive) can only be convicted of a criminal offence if it is
proved that he knew that
what he was doing was wrong;
(c) A person
requires parental consent to marry if under the age of 18;
(d) A girl
under the age of 16 years cannot legally consent to sexual
intercourse;
(e) Under the Children and Young Persons Ordinance, a child
is defined as a person under the age of 16 and a young person as a person
above
the age of 16 and under the age of 18.
In addition, the Law Reform
(Miscellaneous Provisions) (Ascension) Ordinance 1988 amended the
Magistrate’s Courts (Ascension)
Ordinance to provide for the
Magistrate’s Court to sit as a Juvenile Court for all criminal proceedings
in respect of persons
under 17 years (who are referred to as juveniles in the
Ordinance).
General principles
391. The principal laws which are applied or
invoked in relation to children or juveniles are:
- the Children and
Young Persons Ordinance 1965, as amended; and
- the Juveniles Smoking
Ordinance.
Discrimination
392. The laws of Ascension which relate to
children and the services provided for children by the Government and AIS apply
without
any discrimination whether on the grounds set out in Article 2 of the
Convention or otherwise.
Best interests of the child
393. The best interest principle is implicit in
various measures providing for the care, safety and protection of children; see
further
paragraphs 403 and 404.
Right to life
394. The right to life is protected by the
criminal law.
Respect for views of child
395. As in St. Helena, in reaching any decision
relating to a child, first consideration should be given to the need to
safeguard
and promote the welfare of the child throughout his childhood and due
consideration would be given to the wishes and feelings of
the child regarding a
decision involving the child, having regard to his age and
understanding.
Civil rights and freedoms
Name and nationality
396. Under the Births
and Deaths (Registration) Ordinance all births on the Island are required to be
registered. Included on the
register is the child’s name, sex, names of
his parents and his date of birth.
397. A child born in Ascension is a
British Dependent Territories citizen if, at the time of his birth, his father
or mother is a
British Dependent Territories citizen or settled in St. Helena
and its Dependencies. If neither of the parents is so qualified at
the time of
the birth but subsequently become so qualified while the child is a minor, the
child is entitled to be registered as
a British Dependent Territories citizen.
Further, a child born in Ascension and not otherwise such a citizen is entitled
to be registered
as a citizen after he attains the age of 10 if he has lived in
the territory since birth without an absence of more than 90 days
a year. There
is also provision for the avoidance of statelessness. A citizen by birth cannot
be deprived of his citizenship.
Freedom of expression and association
398. It is a principle of law that a person,
including a child, is entitled to do anything unless it is specifically
forbidden by
law. Accordingly, a child has the rights set out in articles 13
and 15 of the Convention, subject only to the restrictions prescribed
by law as
recognized in those articles and to the responsibilities of the parents as
recognized in article 18.
Access to appropriate information and the mass media
399. There are two well-stocked public
libraries on the island. The Georgetown library has a children’s section
with a wide
selection of reading material. Newspapers, magazines and other
periodicals are available on subscription. The BBC Overseas Service
(European
Programme) is received in the island. Some children’s programmes are
included as part of that service. The British
Forces Broadcasting service line
television service is also received on the island for 16 hours a day.
Children’s programmes
are also included in that service.
Freedom of thought and conscience
400. Every person in Ascension has the right to
freedom of thought and conscience and religious freedom, subject only to the
limitations
prescribed by law as recognized by article 14 and subject to the
right of parents to provide guidance. There is no compulsory public
religion in
Ascension. Religious education is taught in the school but parents have the
right to withdraw their children from such
teaching if they wish.
The right not to be subject to torture, cruel, inhuman or degrading treatment or punishment
401. The United Nations Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment extends to
Ascension
and is given effect to in law by the Criminal Justice Act 1988
(Torture) (Overseas Territories) Order 1988.
Family environment and alternative care
Parental responsibilities
402. The common law
recognizes the responsibilities and rights of parents as regards the
maintenance, protection and education of
children.
Adoption
403. The United Kingdom law on adoption applies
to Ascension. There have been three adoptions in the last five years.
Protection of children
404. Under the Children and Young Persons
Ordinance:
(a) a parent or other person who is legally liable to
maintain a child or young person is deemed to have neglected him if he fails
to
provide him with adequate food, clothing, rest, medical aid and
lodging;
(b) it is an offence:
(i) for any person over the age of 17 who has the custody or care of a child or young person, wilfully to assault, ill-treat, neglect, abandon or expose him or to procure another to do so, in a manner likely to cause the juvenile unnecessary suffering or injury to health, including injury to or loss of sight or hearing or of any limb or organ, or any mental derangement;
(ii) to cause, procure or allow any child or young person to be in any place begging or receiving alms or soliciting for prostitution;
(iii) for any person who has the custody of a girl under the age of 16 to cause or encourage the seduction, unlawful carnal knowledge or prostitution of the girl.
If there is reasonable cause to suspect that a child
or young person is being so abused or neglected, he may be detained in a place
of safety and brought before the Juvenile Court. Any police officer may also
bring a child who is believed to be in need of care
or protection before the
Juvenile Court.
There have been no cases in recent years of children
being brought before a court as in need of care and attention. Nor have there
been any fostering decisions.
Basic health and welfare
405. There is a cottage hospital on the Island with
three wards: male, female and children. The hospital is staffed by a general
surgeon, anaesthetist, midwife, qualified nurses, a dentist and medical
technicians. There is also close cooperation with the United
States Base clinic
which arranges blood tests etc. There are out-patients clinics twice a day, six
days a week, and a mother and
child clinic. Antenatal and post-natal visits are
made.
406. There is an on-going immunization programme, as follows:
2 months:
|
diphtheria, whooping cough, tetanus, meningitis and polio drops;
|
3 and 4 months:
|
the above repeated;
|
12-15 months:
|
measles, mumps and rubella;
|
4-5 years
|
diphtheria and tetanus booster; polio drops booster;
|
10-14 years, girls only:
|
rubella;
|
16 years:
|
school leavers: tetanus, diphtheria and polio booster.
|
407. The Community Health and Development Nurse carries out child
development tests with all children at 18 months, 30 months and
before the child
starts school. Development and physical checks are regularly carried out by the
nurse at schools in the course
of formal health education from the age of 7
years.
Education
408. Education is free and compulsory from the
ages of 4 to 16. The school (the “Two Boats School”) provides a
United
Kingdom based curriculum which is adapted to local
circumstances.
409. There are 10 teachers and 98 pupils (54 boys and 44
girls).
410. Technical education is offered in school with releases to
organizations for further practical exercises.
411. At present there are
two scholarships for two years of sixth form study in the United Kingdom.
These are financed by a charity
administered by the Administrator. The British
Broadcasting Corporation provides distance learning courses leading to the
Higher
National Certificate and Higher National Diploma for the younger members
of its staff. Other organizations offer overseas courses
(usually in the United
Kingdom) for staff improvement and advancement.
Leisure, sports and cultural activities
412. Sports, games and physical education are
organized by the Two Boats School and are an integral part of its curriculum.
The Scouts
and Guides organizations are very active and play an important role
in the development of children. Activities by these organizations
include
canoeing, rock climbing, caving, walking and camping. There is a Youth Club at
Two Boats Village which is open six days
a week and a Saturday club which is
open to all children. Transportation to the club from Georgetown is provided
free of charge.
There are also other sports facilities and extra-curricular
swimming.
Special protection measures
Children and the law
413. The court in
Ascension which has specific jurisdiction to try offences or otherwise exercise
particular jurisdiction in respect
of children is the Juvenile Court, which
exercises the jurisdiction conferred by the Magistrate’s Court Ordinance.
For the
purposes of that Ordinance a juvenile is a person under the age of 17.
The relevant Ordinance provides for probation, fines or detention.
There is no
judicial corporal punishment. There have been no prosecutions of juveniles in
recent years.
Children in situations of exploitation
414. Under the Education Ordinance 1989,
employment of children under the age of 15 during school hours is prohibited.
Under the
Children and Young Persons Ordinance, children under the age of 15
years are prohibited from employment on vessels other than vessels
on which only
members of the same family are employed. There is no drug problem on Ascension.
There are no problems of the sexual
exploitation of children and no cases
involving the sale, procurement or abduction of children.
Minorities
415. There are no minority or indigenous
peoples on the Island.
PART III: TRISTAN DA CUNHA
Introduction
416. The Convention
on the Rights of the Child was extended to Tristan da Cunha
on 7 September 1994.
417. Tristan da Cunha lies in the
South Atlantic some 1,260 miles south west of St. Helena, with an area of
38 square miles. The
island has a harbour but no airfield. There are about six
visits a year to the island by fishing boats from Cape Town and annual
visits by
RMS St. Helena from Cardiff and SA Agullas from Cape Town. There
is a wireless station on the island and a marine satellite
system providing
direct dialling, telex, fax and e-mail facilities.
418. The main
industries are cray fishing, fish processing and agriculture.
419. The
permanent population in 1997 was some 288 persons. There are some
39 children under the age of 15 on the island (21 boys
and 18 girls).
There are some 10 expatriates on the island.
420. The head of the
administration is the Administrator, who is appointed by the Secretary of State
and is responsible to the Governor
of St. Helena. The Administrator is advised
by an Island Council of three appointed members and eight elected members (of
whom one
is required to be a woman), headed by an elected “Chief
Islander”. Elections are held every three years and all persons
over 18
may vote. Government departments and services cover the following:
administration and treasury; agriculture; education;
electricity; general
maintenance and carpentry; mechanics; medicine; natural resources and
environment; police; posts and communications.
421. Under the Application
of St. Helena Laws (Tristan da Cunha) Ordinance 1987, the laws of
St. Helena (including English law applied
to St. Helena under the
Application of English Law Ordinance 1987, both of which are hereinafter
referred to as the Application of
Laws Ordinances) are in force in Tristan da
Cunha insofar as they are suitable to local circumstances and with necessary
modifications,
and save insofar as there are inconsistent laws specifically
applied to Tristan da Cunha. Such inconsistent laws include British
laws which
expressly apply to the island otherwise than under the Application of English
Law Ordinance 1987 and laws made by the
Governor of St. Helena for Tristan da
Cunha. The St. Helena Child Care Ordinance 1996 does not apply to Tristan
da Cunha as there
is insufficient infrastructure on the island to implement it.
However, the Children and Young Persons Ordinance 1965 of St. Helena
(as
amended from time to time) does apply.
422. There is a magistrate’s
court in which the Administrator is ex officio the magistrate and sits
alone. The Supreme Court
of St. Helena has original jurisdiction in the island
and appeals from the magistrate’s court lie to the Supreme Court, the
judge of which may visit the island if required.
423. The island is
financially self-sufficient; there are no taxes and revenue comes from royalties
from the rock lobster fishery
and from the sale of stamps and
handicrafts.
General measures of implementation
424. The position with regard to the
application of treaties is the same as in St. Helena.
425. The
Administrator of Tristan da Cunha is aware of the Convention. It is intended to
make this report and any comments of the
Committee available within the island
at the Public Library.
Definition of the child
426. The age of majority in Tristan da Cunha is
18 and anyone below that age is a minor. In conformity with the Application of
Laws
Ordinances, applicable English or St. Helena law provides that other
ages are relevant for certain legal purposes. Among these,
the following should
be noted:
(a) A child under the age of 10 is conclusively presumed to be
incapable of committing a criminal offence;
(b) A child between the ages
of 10 and 13 (inclusive) can only be convicted of a criminal offence if he knew
that what he was doing
was wrong;
(c) A girl under the age of 16 cannot
legally consent to sexual intercourse;
(d) Under the Children and Young
Persons Ordinance, a child is defined as a person under the age of 16 and a
young person as a person
above the age of 16 and under the age
of 18.
General principles
427. The principal law with respect to the
well-being of children is the Children and Young Persons Ordinance 1965, as
amended.
Discrimination
428. The laws of Tristan da Cunha which relate
to children and the services provided for children by the administration apply
without
any discrimination whether on the grounds set out in article 2 of
the Convention or otherwise.
Best interests of the child
429. The best interest principle is implicit in
various measures providing for the care, safety and protection of
children.
Right to life
430. The right to life is protected by the
criminal law.
Respect for views of the child
431. As in Ascension, in reaching any decision
relating to a child, first consideration should be given to the need to
safeguard and
promote the welfare of the child throughout his childhood and due
consideration would be given to the wishes and feelings of the
child regarding a
decision involving the child, having regard to his age and
understanding.
Civil rights and freedoms
Name and nationality
432. Under the Births
and Deaths (Registration) Ordinance all births on the island are required to be
registered. Included on the
register is the child’s name, sex, names of
his parents and his date of birth.
433. A child born in Tristan da Cunha
is a British Dependent Territories citizen if, at the time of his birth, his
father or mother
is a British Dependent Territories citizen or settled in
Tristan da Cunha. If neither of the parents is so qualified at the time
of the
birth but subsequently become so qualified while the child is a minor, the child
is entitled to be registered as a British
Dependent Territories citizen.
Further, a child born in Tristan da Cunha and not otherwise such a citizen is
entitled to be registered
as a citizen after he attains the age of 10 if he has
lived in the territory since birth without an absence of more than 90 days
a year. There is also provision for the avoidance of statelessness. A citizen
by birth cannot be deprived of his citizenship.
Freedom of expression and association
434. It is a principle of law that a person,
including a child, is entitled to do anything unless it is specifically
forbidden by
law. Accordingly, a child has the rights set out in
articles 13 and 15 of the Convention, subject only to the restrictions
prescribed
by law as recognized in those articles and to the responsibilities of
the parents as recognized in article 18.
Access to appropriate information and the mass media
435. There is a public library on the island,
which includes a collection of reference books and children’s books.
There is
also a small broadcasting station on the island which uses programmes
from the British Broadcasting Overseas Service. No television
service is
available.
Freedom of thought and conscience
436. Every person in Tristan da Cunha has the
right to freedom of thought and conscience and religious freedom, subject only
to the
limitations prescribed by law as recognized by article 14 and
subject to the right of parents to provide guidance. There is no compulsory
public religion in Tristan da Cunha. Religious education is taught in the
school but no child is forced to attend if it is against
his, or his
parents’, will.
The right not to be subject to torture, cruel, inhuman or degrading treatment or punishment
437. The United Nations Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment extends to
Tristan
da Cunha and is given effect to in law by the Criminal Justice Act 1988
(Torture) (Overseas Territories) Order 1988.
Family environment and alternative care
438. The common law recognizes the
responsibilities and rights of parents as regards the maintenance, protection
and education of
their children.
Adoption
439. The English law on adoption applies in
Tristan da Cunha. There have been no adoptions in recent years.
Protection of children
440. The provisions of the Children and Young
Persons Ordinance as outlined in paragraph 23 of the Report on Ascension
apply in Tristan
da Cunha. There have been no cases in recent years of children
being brought before a court as in need of care and attention. Nor
have there
been any fostering decisions.
Basic health and welfare
441. There is one hospital on the island with
two single-bedded wards, consulting rooms, operating theatre, x-ray room,
laboratory
and pharmacy. The hospital is staffed by a resident physician and
three nurses. There are annual visits by a dentist and biennial
visits by an
optometrist. Patients requiring specialist opinion or treatment are evacuated
to Cape Town in South Africa.
442. There is a child
immunization programme which covers polio, measles, whooping cough and chicken
pox.
Education, leisure and cultural activities
Education
443. Education is
free and compulsory from the ages of 5 to 15 years. The school is staffed by
eight teachers and a librarian and
there are 32 pupils. There is also a
pre-school play group for children between the ages of 3 and 5.
444. The
curriculum at the school covers such subjects as mathematics, English language,
science, geography, history, art and craft,
health, religious education and
domestic science. There is also a course on Tristan Island studies. The
curriculum enables pupils
to study for the English GCSE in mathematics and
English. Other GCSE courses can be arranged on request.
445. There is no
technical education, but school leavers join a Youth Employment Scheme involving
work experience.
446. Scholarships are available for further secondary
education in St. Helena and the United Kingdom.
Leisure, sports and cultural activities
447. Games form an integral part of the
school’s curriculum. There is a gymnasium, swimming pool and youth club
facilities
for field sports.
Special protection measures
Children and the law
448. Under the
Criminal Procedure Ordinance 1975 of St. Helena, orders which may be made in
respect of persons between the ages of
10 and 17 who are found guilty of an
offence are probation, a fine or detention. There have been no prosecutions of
children in
Tristan da Cunha in recent years.
Children in situations of exploitation
449. There is no drug problem on Tristan da
Cunha. Also no problem exists relating to the sexual exploitation of children
or their
sale, procurement or abduction. Under the Education Ordinance 1989,
the employment of children under the age of 15 during school
hours is
prohibited. Under the Children and Young Persons Ordinance, children under the
age of 15 are prohibited from employment
on vessels other than vessels on
which only members of the same family are employed.
March 1999
TURKS AND CAICOS ISLANDS
Introduction
450. The Convention
on the Rights of the Child was extended to the Turks and Caicos Islands
on 7 September 1994.
451. Information relating to the Turks and
Caicos Islands is set out in annex XI to the core document submitted by the
United Kingdom
of Great Britain and Northern Ireland in respect
of Overseas Dependent Territories and Crown Dependencies on 14 September
1995 (HRI/CORE/1/Add.62).
Particular attention is drawn to the information on
the general legal framework and the constitutional protection of human rights
contained in that annex.
452. It is considered that it would be premature
to withdraw the reservations made by the United Kingdom in respect of the
Turks and
Caicos Islands.
General measures of implementation
453. As noted in the annex to the core
document, treaties which apply to the Islands (including human rights treaties)
do not themselves
have the force of internal law and cannot be directly invoked
before the courts, though the courts will, when possible, construe
domestic
legislation in such a way as not to conflict with applicable treaties. If a
treaty requires some change in existing law
(which need not necessarily be the
case as existing law or administrative practice may suffice to give effect to
the treaty), new
domestic law must be enacted. The existing measures which give
effect to the provisions in the Convention are described below.
Responsible authorities
454. Given the small size of the Turks and
Caicos Islands, there is a limited number of separate agencies with specific
responsibilities
for children and the family. The government department
responsible for the implementation of social policies concerning women and
children is the Welfare Department, which exists under the Ministry of Health,
Education and Welfare. Other departments with relevant
responsibilities are the
Health Department, the Education Department, the Medical Department and the
Public Health Department.
455. The Welfare Department presently operates
a series of programmes throughout the Islands, including a:
(a) Special
Needs Programme for the Disabled;
(b) Disaster Relief
Programme;
(c) Juveniles Programme;
(d) Welfare Benefits and
Family Counselling Programme;
(e) Mental Illness and Drug Rehabilitation
Programme;
(f) Child Care and Care of Juveniles
Programme.
456. Important roles with regard to children’s welfare
are also played by various voluntary organizations, NGOs and churches.
These
organizations include the Kiwanis, the Providenciales Association for the
Handicapped (PATH), the newly formed Provo Association
for Abused Children, and
women’s groups such as the Soroptomists and Women Aglow.
Publication of Convention and report
457. Copies of the Convention are held by
relevant government departments.
458. It is intended to place a copy of
this report in the Public Library.
Definition of the child
459. The age of majority is 18 years, but
“child” is defined by reference to other ages for different
purposes. Under
the Juveniles Ordinance a child is defined as a person under
the age of 14. Other relevant ages are:
(a) A
“juvenile” under the Juvenile Court Ordinance is a person under the
age of 16, and an “adult” is any
person who is not a
juvenile;
(b) A “young person” under the Young Offenders
Punishment Ordinance is a person over 14 years but under
16;
(c) The age of criminal responsibility (under which a child cannot
be convicted of a criminal offence) is 8 years (section 3 of the
Juveniles
Ordinance); under the Rules of Procedure for Juvenile Courts, it is the duty of
the presiding magistrate to explain the
substance of an alleged offence to a
juvenile and to ask whether or not he admits it;
(d) No person under the
age of 16 may contract a valid marriage and a person under the age of 21
requires the consent of his parents
to marry or, if parental consent is
unreasonably withheld, the consent of the High Court (section 14 of the Marriage
Ordinance);
(e) It is an offence to have sexual intercourse with a girl
under the age of 16 with or without the girl’s consent.
General principles
Legislation
460. The principal
legislation which particularly concerns children
is:
(a) Welfare - Magistrate’s Court (Domestic Proceedings)
Ordinance 1985
Juveniles
Ordinance
(b) Family - Magistrate’s Court (Domestic Proceedings)
Ordinance 1985
Legitimation
Ordinance
(c) Adoption - Adoption
Ordinance
(d) Education - Education Ordinance 1989
(e) Criminal
law - Young Offenders Punishment Ordinance
Juveniles
Ordinance
Juvenile Courts Ordinance
461. A consensus of opinion
arising from collaboration between the relevant departments is that a social
services ordinance needs
to be enacted which would incorporate much of the
present separate laws, many of which date back to the last century. One of the
aims of such an ordinance should be to give the Welfare Department statutory
authority to intervene at an early stage where children
were thought to be at
risk or out of parental control.
Discrimination
462. Section 78 of the Turks and Caicos
Constitution provides that no law may make any provision which is discriminatory
either of itself or in its effect. Discrimination under that
provision refers
to race, place of origin, political opinion, colour or creed. The laws of the
Turks and Caicos which relate to
children, and the services provided for
children by the Government, apply without any discrimination, whether on the
grounds set
out in article 2 of the Convention or otherwise.
463. In
particular, the Education Ordinance provides that no person shall be denied
entrance to any public school on account of the
religious persuasion, race,
social status or language of such person or his parent. Bible knowledge and
Christian religious observance
form part of the curriculum of every public
school, but any pupil may be withdrawn from such instruction or observance by
his parent
without forfeiting participation in any other instruction or
activities provided by the school. Where the student’s primary
language
is other than English, the relevant education authority may require the child to
attend special English classes.
Best interests of the child
464. The laws which make specific provision for
courts or administrative bodies to have regard to the “best interests of
the
child” are:
(a) The Rules of Procedure scheduled to the
Juvenile Courts Ordinance which require a Juvenile Court to make inquiries as to
various
matters so as to enable it to deal with a juvenile who has committed an
offence “in the best interests of the juvenile”.
Section 4 of the
Juveniles Ordinance provides that every court in dealing with a juvenile brought
before it, whether as in need
of care and protection or as an offender or
otherwise, shall have regard to the welfare of the juvenile; and section 14 of
that Ordinance
requires a court to be satisfied that it is in the best interests
and for the welfare of the juvenile before committing him to the
care of a fit
person;
(b) Section 16 of the Magistrate’s Court (Domestic
Proceedings) Ordinance 1985, which requires a magistrate to have regard
to
the welfare of the child as the first and paramount consideration when deciding
on the custody and upbringing of a child;
(c) The Adoption Ordinance,
which requires the court to be satisfied, before making an adoption order, that
it will be for the welfare
of the infant.
Right to life
465. Section 68 of the Constitution provides
that no person shall be deprived of his life intentionally save in execution of
the sentence of a court in respect of a
criminal offence under the law of the
Turks and Caicos of which he has been convicted. The death penalty has been
abolished by the
Caribbean Territories (Abolition of Death Penalty for Murder)
Order 1991 (S.I. No. 988 of 1991) in respect of the crime of
murder.
The right to life is also protected by the criminal law.
Respect for the views of the child
466. Under the Adoption Ordinance, the court is
required, before it makes an adoption order, to give “due consideration to
the
wishes of the infant, having regard to his age and understanding”.
The special Rules of Procedure under the Juvenile Court
Ordinance make provision
for children to make statements and give evidence.
Civil rights and freedoms
Name and nationality
467. Provision is
made in the Registration (Births, Deaths and Marriages) Ordinance which require
the registration of a birth within
42 days of the birth. The particulars of
registration include the name of the child.
468. A child born in the
Turks and Caicos Islands is a British Dependent Territories citizen if, at the
time of his birth, his father
or mother is a British Dependent Territories
citizen or settled in the Islands. If neither of the parents is so qualified at
the
time of the birth but one or other subsequently becomes so qualified while
the child is a minor, the child may be registered as a
British Dependent
Territories citizen. Further, a child born in the Islands and not otherwise
such a citizen can be registered as
a citizen after he attains the age of 10 if
he has lived in the Islands since birth without an absence of more than
90 days a year.
There is also provision for the avoidance of
statelessness. A citizen by birth cannot be deprived of his
citizenship.
Preservation of identity
469. Section 18 of the Registration (Births,
Deaths and Marriages) Ordinance provides that no alteration in any register
shall be
made except as authorized under that Ordinance. After a child has
reached the age of 10 there can be no alteration or registration
of a name
“without good and sufficient reason”. Where an alteration is sought
to be made, the original entry must not
be erased.
Freedom of expression and association
470. Sections 75 and 76 of the Turks and Caicos
Constitution provide for the rights set out in articles 13 and 15 of the
Convention.
Freedom of thought, conscience and religion
471. Every person on the Islands has the right
to freedom of thought and conscience and religious freedom subject only to the
limitations
prescribed by law as recognized by article 14 and subject to
the right of parents to provide guidance. Section 74 of the Constitution
protects freedom of conscience. It provides that no person shall be hindered in
the enjoyment of his freedom of conscience, including
freedom of thought and of
religion, freedom to change his religion or belief and freedom, either alone or
in community with others,
both in public and private, to manifest and propagate
his religion or belief in worship, teaching, practice and observance. No person
attending any place of education shall be compelled to receive religious
instruction or to take part in or attend any religious ceremony
or observance if
that instruction, ceremony or observance relates to a religion other than his
own. The position under the Education
Ordinance is set out in paragraph 463
above.
Protection of privacy
472. Section 73 of the Constitution provides a
guarantee against arbitrary search of the person or property of any
person.
Access to appropriate information
473. There is a school library at each of the
four secondary schools, and one of them aims to subscribe to the Internet.
Primary
schools endeavour to provide class libraries and update their stocks by
book drives. Children have access to the Victoria Public
Library (the central
library located on Grand Turk) and the three branch libraries, two on
North Caicos and one on Provinciales.
These public libraries provide
reference and loan facilities for children and subscribe to a number of
publications which are of
interest to various age groups. The central library
also aims to subscribe to the Internet.
474. There are not at present any
government-sponsored radio or television programmes for children, but an overall
review of communications
is projected in the current Country Policy Plan and it
may be anticipated that programming for children will be included in the
review.
Article 37 (a)
475. The United Nations Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment extends to
the Turks
and Caicos and is given effect in domestic law by the Criminal
Justice Act 1988 (Torture) (Overseas Territories) Order 1988 of the
United Kingdom. Section 69 of the Constitution also provides that no
person shall be subjected to torture or to inhuman or degrading punishment or
other treatment. The Young Offenders
Punishment Ordinance of 1909 provides that
no child or young person should be sentenced to death. Subsequently, capital
punishment
for murder was abolished.
Family environment and alternative care
Parental guidance and responsibilities
476. The common law
recognizes the responsibilities and rights of parents as regards the
maintenance, protection and education of
their children, though it is clear that
child-rearing is primarily a woman’s prerogative. The Juveniles Ordinance
specifically
recognizes that a parent or other person who is legally liable to
maintain a juvenile is required to provide him with adequate food,
clothing,
rest, medical aid and lodging.
Separation from parents and children deprived of a family environment
477. No child may be removed from the care of
his parents except on the order of a court. The Magistrate’s Court
(Domestic
Proceedings) Ordinance 1985 empowers magistrates to make an order for
the custody of persons under 18 years of age. Reference has
been made in
paragraph 464 above to the requirement that a magistrate shall regard the
welfare of the child as the first and paramount
consideration in making orders
relating to the custody and upbringing of children. If there is no one in the
Islands who is required
by law, or able and willing, to assume responsibility
for a child (see also paragraph 494 below), the child is sent to a
children’s
home in Jamaica. There is no residential children’s home
in the Turks and Caicos.
Family reunification
478. There are no restrictions on children
entering or leaving the Islands with their parents.
Recovery of maintenance for the child
479. Under the Magistrate’s Court
(Domestic Proceedings) Ordinance, a magistrate is empowered to make an order for
the maintenance
of children. The provisions of the Reciprocal Enforcement of
Maintenance Orders Ordinance are not in practice efficacious in providing
for
the recovery of maintenance from persons out of the Islands.
Adoption
480. Adoption is regulated by the Adoption
Ordinance. Adoption orders are made by the court which ordinarily requires the
consent
of both parents. It is unlawful for any person to give or receive a
reward for an adoption or for giving any consent required by
the Ordinance. The
court is required to be satisfied that the adoption will be for the welfare of
the infant.
Illicit transfer and non-return of children
481. It is an offence to take away any child
under the age of 14 with the intent of depriving the parent or guardian of the
child,
but this provision is of little use where a parent abducts the child and
takes him out of the jurisdiction. Turks and Caicos have
no arrangements for
obtaining the return of children taken abroad.
Abuse and neglect, including physical and psychological recovery and social reintegration
482. The Summary Offences Ordinance and the
Juveniles Ordinance make provision with regard to the abuse and neglect of
children.
Under the former, it is an offence:
(a) For any parent or
person entrusted with the charge of a boy under the age of 14 or a girl under
the age of 16 wilfully to neglect,
ill treat or abandon the child in a manner
likely to cause him or her unnecessary suffering or injury to
health;
(b) For any parent who is able, wholly or in part, to maintain
his children, wilfully to refuse or neglect to do so;
(c) For a man who
is able, wholly or in part, to do so, wilfully to refuse or neglect to do
so.
483. The Juveniles Ordinance makes it an offence:
(a) For any
person over the age of 17 who has the custody or care of a juvenile, wilfully to
assault, ill-treat, neglect, abandon
or expose such juvenile or to procure
another to do so, in a manner likely to cause the juvenile unnecessary suffering
or injury
to health, including injury to or loss of sight or hearing or of any
limb or organ, or any mental derangement;
(b) To cause, procure or allow
any juvenile to be in any place begging or receiving alms.
If there is
reasonable cause to suspect that a juvenile is being so abused or neglected, the
juvenile may be brought before a magistrate
or justice of the peace, detained in
a place of safety and brought before a Juvenile Court. Any police officer or
supervisor appointed
by the court may also bring a juvenile who is believed to
be in need of care or protection before a Juvenile Court.
484. A Juvenile
Court may, if satisfied that the welfare of the juvenile so
requires:
(a) Commit the juvenile to the care of any fit person who is
willing to undertake his care (see also paragraph 494 below) where it
deems it
necessary to remove the child from undesirable surroundings;
(b) Require
the parent or guardian to enter into a recognizance to exercise proper care and
guardianship;
(c) Place the child, either in addition to or without
making an order described in subparagraph (a) or (b), under the supervision
of a
Supervisor for a period not exceeding three years.
There are no
government or voluntary homes in the Islands for children in care, but the
Government has an arrangement with the Government
of Jamaica under which
children may be accommodated in a residential children’s home in Jamaica.
At present, seven children
from the Islands are accommodated in the Jamaica
home.
485. Under the Magistrate’s Court (Domestic Proceedings)
Ordinance, a magistrate may appoint a person to act as a supervisor
to visit and
befriend a person under the age of 18 and if necessary bring him before a court
as in need of care and protection.
A magistrate may also require a parent who
has threatened violence against his child to leave the matrimonial home and not
to re-enter
it.
Basis health and welfare
Survival and development
486. The Turks and
Caicos Government has a programme for the full antenatal care of pregnant women,
including the provision of iron
and multivitamin supplements. Antenatal clinics
are held weekly at each health centre, except in Provinciales where they are
held
biweekly. Expectant mothers who do not attend are visited at home.
Maternal update seminars are conducted for all practising midwives.
So far as
possible, all children are delivered by trained midwives or an obstetrician in a
hospital or health centre. It is endeavoured
to ensure that first and fourth
(and over) children are delivered in Grand Turk Hospital. Post-natal clinic
sessions are held weekly
and mothers and newborn children have a full post-natal
examination by the obstetrician gynaecologist at the end of six weeks. They
are
also visited by a district midwife of public health nurse until mother and baby
are seen to be coping well. The infant mortality
rate is: male 6 and female
3.64 (1993).
487. The Government has established a Health Promotion
Council specifically to formulate and implement programmes designed to reduce
infant mortality and to increase life expectancy. Breastfeeding is encouraged
for at least four months. There is a surveillance
scheme for all communicable
diseases and a vigorous implementation of infant immunization, with an
100 per cent coverage in the last
five years. Child health clinic
sessions are held weekly at each health centre.
Disabled children
488. There are day centres for disabled
children on Grand Turk, Provinciales, North Caicos and South Caicos; and South
Caicos also
has a residential home for disabled children. The centres on Grand
Turk and Provinciales have their own minibuses and donations
of specialized
equipment have been made. Visits to the centres are made by a government doctor
on an ad hoc basis. A Disabled Persons
Ordinance was enacted in 1989 under
which a magistrate or justice of the peace may order a disabled person to be
removed to a place
of safety if he is assaulted, illtreated or neglected in a
manner likely to cause him suffering. A court may commit such a person
to the
care of a fit person, or require his parents to enter into recognizances for his
welfare, or put him under the supervision
of a welfare officer. Neglect or
abandonment of a disabled person by a person who is responsible for his care is
an offence.
489. In some cases, children with severe disabilities have
been sent off-island for treatment or education.
Health and health services
490. There are the following health services on
the Islands:
Hospitals 1
Polyclinics 1 primary and secondary
care
Clinics or health centres 9, including the polyclinics
Doctors 5, including the Chief Medical Officer, 1 surgeon, 1 anaesthetist and 1 obstetrician/gynaecologist
Chief Nursing Officer 1
Primary health nurses 1
Public health nurses 3
Nurse midwives 16
Nurses 9
Clinical nurse midwives 6
Clinical nurses 6
491. Health services are provided free to children under the age of 18.
School health services are provided by the public health
nurse and provide
inspections, immunization boosters and vision and hearing
screening.
492. The Government health services provide programmes to
encourage family planning and for health education. Nutritional health
education (obesity is a problem) is conducted in all antenatal, post-natal and
child health clinic sessions, and in school, church,
civic and service groups
and youth groups. A health promotion plan is ready for implementation and a
food policy plan is being drafted.
“Health Life Styles” - a
pamphlet designed for both primary and secondary schools - has been introduced
into all schools.
493. (a) AIDS/HIV is a present threat. There have been 94 cases of AIDS
between 1985, when the first case was diagnosed, and 1996,
some 53 males and 41
females. Most cases are in the 25 to 44 age group but five were paediatric
cases. As at the end of 1996, 68
adults and 3 of the children had
died.
(b) A national AIDS programme has been adopted to protect the
health and safety of children. As part of this programme to prevent
mother to
child transmission and to care for the HIV positive woman and her family, the
following measures are being taken:
(i) ATZ is available to all pregnant women who are HIV positive; this has been bound to reduce the transmission rate of the virus from mother to child;
(ii) A comprehensive counselling service is available which is designed to help parents cope with the condition and to teach healthy living;
(iii) Links are provided with social welfare and other services to provide a holistic approach to treatment and care.
(c) The National
AIDS Programme also recognizes the vulnerability to infection of children and
they are a main object of intervention
under the programme. Particular measures
for providing children with information and tools to protect themselves
are:
(i) Support for the health life style curriculum in schools. Children are provided with information about HIV/AIDS through this curriculum;
(ii) A peer education/counselling programme has been adopted which uses youths as teachers and counsellors for other young people and provides posters, videos and other means to reach young people.
(d) Orphans of AID
victims are provided with welfare benefits.
Social security and standard of living
494. There is no welfare legislation as such,
but government policy provides for various forms of welfare.
Foster
care programme: This programme seeks to place juveniles in need or in
difficulty in foster homes. The programme is funded from a government vote
called the Care of Juveniles Vote. The foster parents are mainly, in practice,
“fit persons” appointed under sections
9 and 14 of the Juveniles
Ordinance. The Chief Welfare Officer designates foster homes on the basis of
“fit person”
court orders on a case-by-case merit basis
independently of a court order and the foster parents receive a grant, currently
at the
rate of $35 per week per child.
Welfare benefits
programme: Financial benefits ranging from $40 to $100 per month may be
payable in respect, amongst others, of children whose father is imprisoned,
orphans, children in single parent families, disabled children and the children
of indigent parents. The programme is administered
by the Chief Welfare Officer
and the benefits are means tested.
National Insurance Scheme:
Provides for survivors’ benefits, including benefits for
children.
495. Certain voluntary organizations provide day-care
facilities for children, and church organizations provide educational programmes
for schoolchildren. A child-care officer in the Education Department is
responsible for ensuring that day care and pre-school centres
adhere to
government standards.
Education, leisure and cultural activities
Education
496. Education is
compulsory between the ages of 4 and 16, and is provided by public and private
institutions. Education in public
schools is free. There are 10 public primary
schools and 4 public secondary schools:
Public schools
Primary Secondary Total
Students
Male
923 485 1 408
Female 867 464 1 351
Total 1
790 969 2 759
Teachers
Male 6
39 45
Female 75 62 137
Total 81
101 182
There are 10 private primary schools and 1 private secondary
school with a total of approximately 500 pupils and 30 teachers.
497. At
primary level, the curriculum places great emphasis on the core areas of
English, mathematics and science. At secondary level,
students in the lower
school are exposed to a wide range of subjects which are narrowed down for
specialization in the upper school.
The range of subjects offered includes
English, English literature, integrated science, Spanish, social studies,
geography, history,
art, music, technical drawing, cooking and textiles,
woodwork, food and nutrition, physical training, and business studies. Students
are prepared for external examinations at the end of their secondary education.
In the absence of a vocational training institution,
a pre-vocational education
programme is incorporated in the secondary school’s curriculum and is
offered in the final two years
of secondary schooling. The programme seeks to
address the needs of students whose greatest strengths lie in practical
subjects.
498. The Turks and Caicos Community College opened in 1994,
offering tuition at A-level in economics, English, mathematics, law, history,
sociology, accounts and computer studies. In order to qualify for the A-level
programme, students must hold a minimum of four General
Proficiency Grade I or
II passes, or the equivalent. The students are prepared for the London or
Cambridge examinations at that
level. It is anticipated that further subjects
will be added when the college facilities are completed.
499. There are
no facilities for tertiary education in the Islands.
500. Truancy is not
prevalent in the majority of schools, but does exist at the secondary level in
Provinciales and to a lesser extent
in Grand Turk. In the absence of truancy
officers, it is dealt with by head teachers with assistance from parents, a
guidance counsellor
and in persistent cases, the Welfare Department.
Aims of education
501. The Education Ordinance requires the
Minister for Education to foster a system of education calculated to ensure that
the educational,
technical and vocational aptitudes of children find adequate
expression and opportunity for development. Education in the Turks
and Caicos
is also seen as a potent instrument for national building in the belief that
“people development leads to national
development”; hence all
citizens have a right to appropriate education that will enable them to become
participants in and
contributors to national development.
Leisure and cultural activities
502. The main opportunities for
children’s involvement in leisure time activities are provided through the
Sports Council, which
is an agency of the Ministry of Education, and by
different groups and organized extracurricular events staged by schools. These
programmes vary and are dependent upon the resources available at any given
time.
Special protection measures
Situations of emergency
503. The Turks and
Caicos are subject to the same international conventions and laws relating to
armed conflicts as are applicable
to the United Kingdom.
Children in conflict with the law
504. The guarantees set out in article 40.2 of
the Convention are secured for children, as for everyone else, by section 72 of
the Constitution of the Turks and Caicos Islands. The age of criminal
responsibility is noted at paragraph 459 above.
505. Juveniles (persons
under the age of 16) who are alleged to have committed offences are dealt with
under the Juveniles Ordinance,
the Juvenile Courts Ordinance and the Young
Offenders Punishment Ordinance. Where a juvenile is charged with an offence
punishable
on summary conviction, the charge shall be heard in a Juvenile Court,
unless the juvenile is charged jointly with an adult. A Juvenile
Court is
presided over by a magistrate or justice of the peace and the public is
excluded. The Rules of Procedure provide for the
rights of the juvenile to be
represented, question the witnesses, make statements and give evidence on their
own behalf. An appeal
lies from a Juvenile Court to the Supreme Court. Under
the Juvenile Ordinance, where a juvenile has been found guilty of an offence,
the court may dismiss the case, place the juvenile on probation (if necessary
under the care of a supervisor), commit the juvenile
to the care of a fit
person, or order the parent or guardian to enter into recognizance for the
juvenile’s good behaviour.
Where the court commits a juvenile to the care
of a fit person, it is required to ascertain the religious persuasion of the
juvenile
and take that into account.
506. Under the Young Offenders
Punishment Ordinance if a child (a person under the age of 14) or young
person (a person between 14
and 16) is charged before any court with any offence
(other than murder) for which an adult would be tried in the Supreme Court,
the
court may try the offence summarily, and upon conviction may:
(a) In the
case of a child, order the child to be detained for a period not exceeding three
months;
(b) In the case of a young person, impose imprisonment for a
period not exceeding three months.
A child shall not be imprisoned, but
if the court considers that no other sentence or order is appropriate, he may be
ordered to be
detained in such place and for such time, not exceeding three
years, as the Governor may consider appropriate. Corporal punishment
has been
abolished.
507. The Juvenile Ordinance also contains provision which seek
to ensure that juvenile offenders do not come into unnecessary or prolonged
contact with adult offenders.
508. Persons between the ages of 16 and 19
are tried as adults.
Children in situations of exploitation
509. Under the Employment Ordinance, it is an
offence to employ any person of compulsory school age during any period during
which
he is required to be in school. Under the Juvenile Ordinance, it is an
offence for anyone, including a person having the custody,
charge or care of a
minor, to cause or allow a juvenile to be in any place for the purpose of
begging or soliciting alms.
510. The Control of Drugs Ordinance has been
implemented as a response to the increase in drug-related activity. Sections 5
and 6
of the Ordinance restrict the production, supply and possession of
“controlled drugs”. The Government has also prepared
a report on
its response to the Barbados Plan of Action in relation to the Caribbean Drugs
Control Co-ordination Mechanism. Extracts
from this report are annexed to this
report.
511. The Offences Against the Person Ordinance provides for a number
of sexual offences against young people, including rape, carnally
knowing, with
or without consent, females under the age of 16, indecent assault on any female,
taking any unmarried girl under the
age of 16 out of the possession and against
the will of her parents. The Summary Offences Ordinance makes special provision
for
aggravated assaults on any female or a male child under 14. There is a
teenage prostitution problem, often among children from other
Caribbean islands
whose parents have abandoned them.
Laws annexed
The following laws are annexed to this
report:
− The Adoption Ordinance
− The Disabled Persons Ordinance
− The Juveniles Ordinance
− The Juvenile Courts Ordinance
− The Magistrates Court (Domestic Proceedings) Ordinance
− The Summary Offences Ordinance
− The Young Offenders Ordinance.
September
1998
-----
* This document submitted by the Government of the United Kingdom contains
initial reports relating to the Crown Dependencies of
Anguilla, Bermuda, the
British Virgin Islands, the Cayman Islands, Montserrat, Pitcairn Island, St.
Helena and its dependencies,
the Turks and Caicos
Islands.
1 Annexes referred to in the text are
available for consultation in the secretariat.
GE.00-40860
(E)
[2] Includes
orthodontists.
[3] Includes
supervisors.
[4] Includes
practical nurse/midwife.
[5]
Includes public health nurses registered
nurses.
[6] Includes
nutritionists, radiographers, pharmacists, physiotherapists, dental auxiliaries
and STD coordinators.
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