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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/28/Add.18 10 October 2001 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 1995
SAINT VINCENT AND THE GRENADINES
GE.0145063 (E)
271101
CONTENTS
Paragraphs Page
Acronyms 3
I. INTRODUCTION
1 9 4
II. GENERAL MEASURES OF IMPLEMENTATION 10
29 5
III. DEFINITION OF THE CHILD 30 54 9
IV. GENERAL
PRINCIPLES 55 89 13
V. CIVIL RIGHTS AND FREEDOMS 90
139 19
VI. FAMILY ENVIRONMENT AND ALTERNATIVE
CARE 140
241 28
VII. BASIC HEALTH AND WELFARE 242
304 46
VIII. EDUCATION, LEISURE AND CULTURAL
ACTIVITIES 305 351
57
IX. SPECIAL PROTECTION MEASURES 352
389 65
X. RECOMMENDATIONS 390 393 71
Bibliography
73
List of tables 74
List of legislation referred to in the
report 85
ACRONYMS
Acquired Immune Deficiency Syndrome
|
|
BCG
|
Bacilli Calmette Guerin (Tuberculosis) Vaccine
|
CAREC
|
Caribbean Regional Epidemiology Centre
|
CFNI
|
Caribbean Food and Nutrition Institute
|
CRC
|
Convention on the Rights of the Child
|
CXC
|
Caribbean Examinations Council
|
DPT
|
Diptheria Pertussis Tetanus Vaccine
|
MMR
|
Measles, Mumps and Rubella Vaccine
|
MoH
|
The Ministry of Housing, Local Government, Youth, Sports and Community
Development
|
NGO
|
Nongovernmental organization
|
NYC
|
The National Youth Council
|
OECS
|
Organization of Eastern Caribbean States
|
PAHO
|
Pan American Health Organization
|
PTA
|
Parent Teachers Association
|
STABEX
|
Stabilisation of Export Earnings
|
SVG
|
Saint Vincent and the Grenadines
|
SVGPPA
|
St. Vincent and the Grenadines Planned Parenthood Association
|
UNICEF
|
United Nations Children’s Fund
|
UWI
|
University of the West Indies
|
VINSAVE
|
St. Vincent and the Grenadines Save the Children Fund
|
WFP
|
World Food Programme
|
WHO
|
World Health Organization
|
I. INTRODUCTION
1. Saint Vincent and the Grenadines became
a signatory to the Convention on the Rights of the Child (CRC) on 20 January
1993 and ratified
the Convention in that same year. In fulfilment of its
obligations under the Convention, the country, as a State party, is hereby
submitting its initial report to the Committee on the Rights of the Child, the
treaty body responsible for monitoring the implementation
of the CRC.
2. The development of this report has contributed to the process of
sensitizing persons in the country on the issues related to the
CRC and it is
expected that the completed report will add to the existing stock of resource
material for persons and organizations
both locally and abroad who wish to
embark on activities geared towards promoting the interests of children in
Saint Vincent and
the Grenadines. It is hoped that the production of this
report will also encourage the continued development of policies and programmes
relevant to children and will strengthen the role of agencies and organizations
involved in the delivery of services to improve the
welfare of children.
3. This report outlines the actions undertaken by the Government of
Saint Vincent and the Grenadines to promote the interests of children
in
the State and also includes those programmes and activities being implemented by
nongovernmental organizations and other agencies.
The format of the report
follows that established by the Committee on the Rights of the Child laid down
in its general guidelines
for initial reports.
4. The report indicates
that there are a number of programmes in place for promoting the rights of the
child as outlined in the CRC.
Indeed, many of these programmes have had
considerable success with the limited resources available. However, there is
also the
need to address urgent areas which require reform and these areas have
also been included in this report in order to give some direction
on the way
forward.
5. It is expected that compliance with the CRC will be improved
with the production of this report. The Government of St. Vincent
and the
Grenadines is committed to the overall principles outlined in the CRC and it is
hoped that this commitment will be strengthened
as the reforms suggested are
explored.
The social and economic context of Saint Vincent and the Grenadines
6. The State of Saint Vincent and the
Grenadines comprises Saint Vincent, the main island on which the capital
city, Kingstown, is
located, seven smaller islands and other islets amounting to
a total of 150 square miles. The country attained its independence
from Britain
in 1979 and since then has developed a closer relationship with the other
Windward Islands and some of the islands of
the Lesser Antilles which comprise
the Organization of Eastern Caribbean States (OECS). Through the OECS,
Saint Vincent and the
Grenadines has developed a common currency and a
shared system for the administration of justice. It is in the process of
developing
a common approach in other areas, such as education,
telecommunications, health and environmental management. The country has a
multiparty system in place and elections are constitutionally due every five
years. The political party in power is the New Democratic
Party and the last
general election was held on 15 June 1998.
7. The socioeconomic base of
the country has been and will continue to be negatively affected by the loss of
preferential marketing
arrangements for bananas, the major export crop. The
Government is promoting diversification within agriculture, the principal
economic
sector, and at the level of the macro economy. Diversification is the
fundamental principle on which its development programme will
be hinged.
8. The impact of these developments on public sector spending will, in
concrete terms, determine the measure to which the Government
will be able to
meet its obligations under the Convention. In 1997 the approximate percentage
of recurrent government expenditure
on education was 20 per cent,
health 15 per cent and social welfare 4 per cent
respectively of the total government recurrent expenditure.
Given the
Government’s projected emphasis on poverty alleviation programmes for the
coming year, there may not be a serious
deterioration in the conditions of
children in the State. The financing of programmes geared towards poverty
alleviation and longterm
sustainability of the country is drawn from aid funding
such as that available through STABEX transfers from the European Union.
This
has resulted in substantial support being provided to key programmes, which
should impact positively on the welfare of families
and children.
9. The
challenge for Saint Vincent and the Grenadines with regard to its
obligations under the Convention is to ensure that advances
are made in the
critical areas which need addressing whilst at the same time maintaining the
present level of services.
II. GENERAL MEASURES OF IMPLEMENTATION
A. Measures taken to implement the Convention’s provisions (art. 4)
1. Measures taken to harmonize national law and policy
with the provisions of the Convention
10. In
1993 the Government assigned to the Ministry of Housing, Local Government,
Youth, Sports and Community Development (hereinafter
referred to as the Ministry
of Housing (MoH)) the responsibility of implementing the Convention.
11. In Saint Vincent and the Grenadines national policies are
determined by the Cabinet and implemented by individual ministries through
the
process of developing sectoral plans. These plans are then combined into a
national plan. The actions which are required in
order to implement the
provisions of the Convention relating to the economic, social and cultural
rights of the child would therefore
have to be included in the sectoral plans of
the various government ministries which would be affected by such provisions.
The manner
in which the terms of the Convention are addressed by the various
sectors will be examined when the individual articles are considered
in the
remaining sections of this report.
12. A major revision of the laws of
Saint Vincent and the Grenadines was completed in 1990 and, within the
context of those laws,
many of the articles of the Convention can be said to
have been fulfilled although some work still remains to be done. There is
still
the need for specific legislation to be passed which comprehensively addresses
the provisions of the Convention. Prior to
that, it is recommended that a
national policy on children should be developed.
2. National or local mechanisms for coordinating
policies
and for monitoring the Convention
13. Before the
Convention was ratified, considerable effort had been undertaken by individuals
and nongovernmental organizations with
an interest in promoting the rights of
children, including VINSAVE and the Saint Vincent and the Grenadines Human
Rights Association,
to educate the public on the provisions of the CRC and to
carry out activities related to the improvement of the conditions of children.
They also spearheaded the drive to have the Government ratify the Convention.
In 1993 these nongovernmental organizations and individuals
from various
government ministries formed themselves into the National Committee on the
Rights of the Child. The objectives of that
Committee were to promote
activities and programmes to sensitize all concerned on the significance of the
Convention and to encourage
the Government to ratify the Convention. Workshops
were held throughout the country to sensitize people on the CRC. The
Committee’s
programme has also included essay competitions and art
competitions among primary and secondary school children. A Christmas card
was
produced by the Children’s Welfare Fund using the winning entry of the art
competition. Ribbons with slogans such as “Please,
listen to me”
and “Don’t abuse me” were produced and sold to schools for
Child Month.
14. Another Committee was established by the Cabinet, under
the auspices of the Ministry of Housing, called the National Advisory
Committee for Children. The objectives of that committee were to examine the
existing situation regarding the rights and welfare
of children
in Saint Vincent and the Grenadines, to develop a national policy on
children through a participatory approach and to
prepare the initial report on
the Convention. The two committees were merged in 1998 and became the
Convention on the Rights of
the Child Committee.
15. The membership of
the Committee at present includes the Permanent Secretary in the Ministry of
Housing, the Director of Community
Services, the Coordinator of Women’s
Affairs, the Youth Officer, the Chief Education Officer, representatives of the
Social
Planning Division in the Ministry of Finance and Planning, the Police
Department, the Community Development Division, the Youth Department,
the
Ministry of Justice, the Social Welfare Department, the school for children with
special needs, the psychiatric hospital, the
Liberty Lodge Boys Training Centre,
the Education Officer I with responsibility for early childhood education, the
Nutrition Unit
in the Ministry of Health and the Health Education Unit in the
Ministry of Health.
16. Also included are representatives of
nongovernmental organizations, including Marion House, VINSAVE, the Young
Women’s Christian
Association, the National Council of Women, the National
Youth Council and the Saint Vincent and the Grenadines Human Rights
Association.
17. The Committee meets on a regular basis in order to
carry out programmes related to improving the situation of children and
continues
some of the projects initiated by the original Committee. A video
entitled “We need love” has been produced with the
support of
UNICEF. Exercise books depicting six of the winning entries of an art
competition among primary and secondary school
children were produced and are
now sold at a few bookstores in the State. Since the Committee comprises
representatives of various
governmental departments as well as the
nongovernmental sector, it is well placed to provide the necessary advice and
technical assistance
to guide the Ministry of Housing on the implementation of
the Convention. It is expected that the composition of the Committee will
also
improve interministerial coordination on issues affecting the Convention. To
date it is not yet fully developed to carry out
this role.
18. Apart from
the work to be carried out by the Convention on the Rights of the Child
Committee, the Ministry of Housing within its
various departments is responsible
for the implementation of decisions related to the care, protection and
development of children
in Saint Vincent and the Grenadines. The ministry
carries out, inter alia, projects and programmes related to housing,
local government, youth, sports, community development, social welfare, skills
and training
and craft development. The policies within these departments which
impact on children are coordinated on an ongoing basis. A key
department within
the Ministry is the Social Welfare Department, the work of which includes
overseeing childcare services, public
assistance, juvenile services and working
with the courts on social service matters.
19. Whilst it is the
Ministry of Housing which is responsible for generating information which forms
the conceptual framework for
social policies relating to children in the State,
it does not yet coordinate all the policies relating to children, since
other
ministries define and implement policies that impact on the implementation
of the Convention. The Ministry of Health and the Ministry
of Education are two
ministries which design policies and implement programmes which have
considerable impact on children. There
needs to be more work done to improve
interministerial coordination between them and with other ministries to ensure
that the Convention
is fully implemented. As an alternative to developing a
national policy on children, what is recommended is the expansion of the
existing National Youth Policy to include all elements relating to the needs of
children and youth up until the age of 18 years and
to have this policy adopted
and integrated into the sectoral plans of all the relevant ministries.
B. Measures to promote public awareness of the Convention
1. Measures to promote the principles and
provisions of the Convention (art. 42)
20. The
task of publicizing the principles and provisions of the Convention has fallen
mainly to nongovernmental organizations interested
in promoting the rights of
the child. To this end, these nongovernmental organizations, particularly
VINSAVE and the Saint Vincent
and the Grenadines Human Rights Association,
have contributed by the production of radio programmes, television programmes,
newspaper
articles and brochures intended to inform the general public of the
Convention and its contents.
21. In addition to the above, the
Ministry of Housing has since 1997 actively supported the celebration of the
month of April every
year as Child Abuse Prevention Month, a month of activities
dedicated to publicizing the need for the prevention of child abuse.
This
programme is spearheaded by the Social Welfare Department and includes a variety
of activities such as church services, art
competitions, educational trips,
production of banners, radio and television broadcasts, cultural events and
others. In 1998 it
included the publication of a fullpage centre spread on
child abuse prevention issues and a special section on the provisions of
the
Convention. During this month privately owned preschools, and primary schools,
as well as government supported educational institutions,
participate in
activities related to the prevention of child abuse. Parent teacher
associations linked to these institutions also
become involved, thus ensuring
that some sections of the wider Vincentian public are made aware of the
Convention and its provisions.
22. Another month, Child Month, is
celebrated in May every year to highlight activities relating to children.
These activities are
organized by the PreSchool Services Committee, an
autonomous nongovernmental umbrella organization made up of preschool
representatives
nationally. During this month activities are also carried out
which highlight the Convention. More on these activities is detailed
in chapter
VIII.
23. The Youth Affairs Department in the Ministry of Housing assists
in promoting the rights of the child through its programming activities.
Through its leadership training, youth exchanges, drug education and youth
enterprise development programmes, along with the “Youth
Week”
activities held in late September and October, children’s right to freedom
of expression, assembly and association,
movement, freedom from discrimination,
inhumane treatment and deprivation of poverty are focused on.
24. The
Department of Women’s Affairs, a department under the Ministry of
Education, Culture and Women’s Affairs, has
produced a series of pamphlets
for public dissemination outlining the provisions of the Convention on the
Rights of the Child. These
pamphlets were distributed to schools and
communities in 1998. The Department also conducted public discussions in
communities across
the country to address the issue of the laws affecting
children in relation to the Convention and promoted discussion on steps that
could be taken at the level of the school, the home and the community to reduce
the incidence of child abuse.
25. Clearly, more needs to be done to
ensure that the private sector and more members of the public become fully aware
of the provisions
of the Convention. This will require that resources be
channelled to this objective since the cost of publications and radio and
television time is at present a serious constraint.
2. Measures to publicly circulate the report (art. 44, para. 6)
26. On completion of the present report, it is
expected its contents will be discussed by the Convention on the Rights of the
Child
Committee. In the first instance, the members of the Committee will have
an opportunity to examine the report and share its contents
with their
organizations.
27. Once the report is endorsed and adopted by the
Cabinet it will provide a basis for the Committee to publicly promote its
contents
and thereby ensure that it secures the cooperation of all stakeholders
in the development of strategies to address the issues raised
by the report. In
this way, the general public will become more aware of the contents of the
Convention. After this phase, the
report will be widely circulated in ways
which the general public will understand. It is expected that the
various government departments
which will be affected by the recommendations of
the report will publicize it within those departments and promote public
awareness
of its contents.
3. Concluding comments
28. The principles and provisions of the
Convention are generally in harmony with the legislation of Saint Vincent
and the Grenadines,
although there may be a need for a single comprehensive law
which addresses the issues in the manner required by the Convention.
There is a
need to strengthen compliance with the Convention by improving coordination
amongst the various government ministries
and departments which design policies
and implement programmes which have an impact on children. In addition,
government ministries
need to publicize the services they offer on behalf of
children, so that this information can be made accessible to all in the public
and private sector.
29. It is recommended that actions be taken to
ensure that all government ministries document measures being and expected to be
taken
to demonstrate compliance with the provisions of the Convention. It is
also recommended that a workshop be organized by the Ministry
of Housing to
examine the ways in which interministerial coordination can be improved as
it relates to the provisions of the CRC.
Prior to that a situational analysis
of children in Saint Vincent and the Grenadines should be
commissioned.
III. DEFINITION OF THE CHILD (art. 1)
A. Definition of the child under the law
30. The laws of
Saint Vincent and the Grenadines are historically based on the Common Law
system inherited as part of the British
colonial tradition prior to this
country’s attaining independence. The legal rights and responsibilities
of children were
defined according to their age.
31. This
continues to be reflected in the legislation even subsequent to independence.
The Law of Minors Act states that a “minor”
is a person under the
age of 18 years (cap. 169, sect. 2). This means that while a person is under
the age of 18 years, he or she
is considered legally a minor or a child in
relation to any law which uses the terms “minor”,
“infant” or
“child”. If a particular law makes
reference to a younger age, the person would be considered or would be treated
as
an adult even if he or she has not attained the age of 18 years. Some of the
varying ages are stated in the section of this chapter
entitled “Legal
minimum age”. Another law which provides an agespecific definition of the
child is the Immunisation
of Children Act (cap. 224, sect. 2), which defines
“child” as a person under the age of five.
32. In addition to
the age factor, the law also defines the child in certain circumstances
according to the relationship with the
particular person or persons with whom he
or she is living or in whose care and custody he or she is. The Maintenance Act
extends
the definition to state that “child” includes a child born
in and out of wedlock and any child who has been treated as
a child of the
family (cap. 171, sect. 2). The Matrimonial Causes Act (cap. 176, sect. 2) also
speaks of “a child of the family”
in relation to the parties to a
marriage as meaning a child of both those parties and any other child who has
been treated by both
of those parties as a child of the family.
33. Given the need to create legislation addressing a broad range of
situations, it may not be possible to find in any one piece of
legislation a
comprehensive definition of a child. It can be said that the spirit of the
legislation in matters relating to the
custody, care and upbringing of the child
is to interpret the term as widely as possible.
B. Legal minimum age
34. Criminal responsibility. The legal
minimum age for criminal responsibility is eight years (Juveniles Act, cap. 168,
sect. 3 and the Criminal Code, cap.
124, sect. 12).
35. Capital
punishment. The Criminal Code (cap. 124, sect. 24) states that the sentence
of death shall not be pronounced against a person convicted of
an offence if at
the time when the offence was committed he was under the age of 16 years. This
implies that a 17yearold can be
sentenced to death.
36. Medical
treatment without parental consent. The Age of Majority Act (cap. 164,
sect. 4) provides that a minor who has attained the age of 16 years is entitled
to any surgical, dental or medical treatment without parental
consent.
37. Fulltime employment. The Employment of Women, Young
Persons and Children Act (cap. 148, sect. 2) states that no child shall be
employed in any industrial
undertaking or on ships. A child is defined as a
person under the age of 14. There is a proviso to the section which allows
children
under 14 to be employed in industrial undertakings which are carried
out in recognized schools, as long as such work is approved
and supervised by a
public authority.
38. Industrial undertaking is given the meaning
assigned to it in the Minimum Age (Industry) Convention (Revised) 1937, which
defines
an industrial undertaking to include “mines, quarries and other
works for the extraction of minerals from the earth; industries
in which
articles are manufactured, altered, cleaned, repaired, ornamented, finished for
sale, broken up or demolished, or in which
materials are transformed including
ship building, and the generation, transmission of electricity and motive power
of any kind;
... transport of passengers or goods by road or rail, or inland
waterway, including the handling of goods at docks, quays, wharves
and
warehouses but excluding transport by hand ... ”. It can be argued that
the laws in Saint Vincent and the Grenadines prohibit
the employment of
children under the age of 14 as bus conductors or garage employees, which is a
popular line of work for young men
in the State.
39. Exception is made
by The Employment of Women, Young Persons and Children Act (cap. 148, sect. 8)
to agricultural or horticultural
work done by a child for his parents or
guardians on the family land or garden outside of school hours and also to the
participation
of a child without fee or reward in an entertainment the net
proceeds of which are devoted to any charitable or educational purpose
or to any
purpose other than the private profit of the
promoters.
40. Recruitment of workers. The Recruiting of Workers
Act (cap. 151, sect. 4) states that persons under the age of 18 shall not be
recruited except if the
Governor General permits persons under the age of 18 but
above the age of 16 to be recruited with the consent of their parents or
guardians for employment upon light work, subject to such conditions as he
may prescribe. Given the prevalence in Saint Vincent and
the Grenadines of
recruiters for work on ships, this law requires close
monitoring.
41. Hazardous employment. The Employment of Women,
Young Persons and Children Act (cap. 148, sect. 8) establishes that no child
under the age of 14 years
shall be employed and provides for exceptions to be
made for certain types of employment. There is no specific provision for a
higher
age limit for employment which by its nature or the circumstances in
which it is carried out is dangerous to the life, health or
morals of the
persons employed therein, as recommended by article 5 of the Minimum Age
(Industry) Convention (Revised) 1937. The
age limit for hazardous employment
remains 14 years.
42. Compulsory education. There is no legal
minimum age for the end of compulsory education in Saint Vincent and the
Grenadines. The Education Act 1992
provides the framework for compulsory
education to be instituted in the State.
43. Sexual consent.
The Criminal Code makes it an offence to commit an act of gross indecency with a
child under the age of 14 (sect. 128) and prohibits
buggery between any two
persons (sect. 146).
44. The Criminal Code, cap. 124, establishes 15 as
the minimum age for a girl to give consent to sexual intercourse. It is illegal
for a man to have sexual intercourse with a girl under the age of 15. There are
however, two categories of offence:
(i) Sexual intercourse with a girl under 13 (sect. 124);
(ii) Sexual intercourse with a girl of or above 13 but below 15 (sect. 125).
These two offences are marked by different punishments,
that is, life and five years’ imprisonment respectively. With regard
to
the offence under section 125, the law merely gives a man under 19 a
defence pursuant to section 125 (2) if at the time of the
sexual intercourse he
believed the girl to be of or over the age of 15 and had reasonable cause for
such belief.
45. Marriage. The Marriage Act (cap. 173, sect. 4)
states that the minimum age for marriage for females is 15 and for males is
16.
46. Voluntary enlistment in the armed forces.
Saint Vincent and the Grenadines does not have an army. The Police Act
(cap. 280, sect. 6) provides that the minimum age for entering
the police force
is 19 years. The Police Act (sect. 55) also provides for the establishment of
an “Auxiliary Police”
to be called out when additional police are
required, and the minimum age for enlistment is 18 years (sect. 57).
47. Voluntarily giving of testimony in court. There is no
minimum age for voluntarily giving evidence in court. The court will be guided
by an assessment of the age and understanding
of the child and the child’s
ability to distinguish right from wrong. It is then up to the judge or jury to
determine what
weight will be given to the child’s evidence. According to
the Juveniles Act (cap. 168, sect. 31) a child of tender years
may be called as
a witness even if, in the opinion of the court, he does not understand the
nature of an oath but is possessed of
sufficient intelligence to justify the
reception of the evidence and understands the duty of speaking the truth. His
evidence can
be taken provided that, where such evidence is given on behalf of
the prosecution, the accused is not convicted unless that evidence
is
corroborated materially.
48. Deprivation of liberty. Under the
Juveniles Act (cap. 168, sect. 12) a juvenile court has the power to commit a
juvenile, defined as a person under the
age of 16, to an approved school. An
approved school is, under the law, any place declared so to be by the Governor
General. If
no such approved school exists, the juvenile may be remanded
by the magistrate’s court to a prison if he is not released on
bail (cap.
168, sect. 24). In addition, the Constitution of Saint Vincent and the
Grenadines (cap. 2, sect. 3) establishes that such a juvenile can be deprived of
his personal liberty under the order of a court or with the consent of his
parent
or guardian, for his education or welfare up to the age of 18
years.
49. Conscription into the armed forces. There is no army
and entry into the police force is voluntary.
50. Imprisonment.
The Juveniles Act (cap. 168, sect. 19) establishes that a person under the age
of 16 is not to be sentenced to imprisonment for
any offence or be committed to
prison in default of payment of any fine, damage or costs.
51. Consumption of alcohol or other controlled substances. The
Liquor Licence Act (cap. 342, sect. 27) prohibits consumption of liquor on
the premises of a liquor licence holder by any person
apparently under the age
of 16. The Juveniles Act (cap. 168, sect. 8) makes it an offence for any person
to give or sell to any
child under the age of 10 any intoxicating
liquor.
C. Age of majority
52. The Age of Majority Act, (cap. 164, sect. 2)
provides that persons formerly referred to as infants, from the date of the Act
are referred to as minors and that the age of attaining
majority or full age is
18 years.
D. Concluding comments
53. The Convention on the Rights of the Child in
article 1 defines the child as a human being below the age of 18 years. In
keeping
with the Convention, the laws of Saint Vincent and the Grenadines
provides for majority to be attained at that age.
54. Despite this, in
some circumstances legal responsibilities can be incurred at an earlier age. As
has been discussed in this chapter,
these circumstances range from giving sexual
consent to being able to enter into fulltime employment. There may be a need
for revision
of these provisions governing the attainment of earlier majority
given that the practical situations which the legislation had sought
to respond
to may no longer exist and that new circumstances might now prevail. This is
borne out by the fact that if one examines
the relevant legislation, some of it
was passed many years ago and has not been substantially amended.
IV. GENERAL PRINCIPLES
A. Nondiscrimination (art. 2)
55. The principal
legislative enactment relating to nondiscrimination against any person,
including the child, is the Constitution of Saint Vincent and the
Grenadines. It states that every person in Saint Vincent and the
Grenadines is entitled to the fundamental
rights and freedoms whatever his race,
place of origin, political opinions, colour, creed or sex (cap. 2, sect. 1).
The exercise of these rights is stated as being subject to the rights and
freedoms of others and the public interest.
56. The main rights and
freedoms enshrined in the Constitution are the following:
Protection of
the right to life;
Protection of the right to personal
liberty;
Protection from slavery and forced labour;
Protection
from inhuman treatment;
Protection from deprivation of
property;
Protection from arbitrary search or entry;
Protection
of legal process;
Protection of freedom of
conscience;
Protection of freedom of expression;
Protection of
freedom of assembly and association;
Protection of freedom of
movement;
Protection from discrimination on the grounds of race,
etc.
57. Thus, the Constitution provides a general blanket provision
which seeks to ensure that, in the exercise of any of the fundamental rights and
freedoms listed
above, persons in authority act in a nondiscriminatory manner.
The Constitution also has a specific section which relates to protection from
discrimination (cap. 2, sect. 13). In that section,
“discriminatory” is defined as “affording different treatment
to different persons attributable
wholly or mainly to their respective
descriptions by sex, race, place of origin, political opinions, colour or creed
whereby persons
of one such description are subjected to disabilities or
restrictions to which persons of another such description are not made subject
or are accorded privileges or advantages which are not accorded to persons of
another such description”.
58. The Constitution establishes that no
law should make any provision that is discriminatory either of itself or in its
effect and that no person should
be treated in a discriminatory manner by any
persons acting by virtue of any written law or in the performance of the
functions of
any public office or any public authority. This establishes that
all persons are equal before the law. Whilst there is no reference
to age, or
to the child, in the definition of discrimination, the child is included as a
person and therefore the child would be
availed of these fundamental rights and
freedoms.
59. There are several important issues which need to be
discussed in relation to the requirement of article 2 of the Convention and
its
application in Saint Vincent and the Grenadines. Firstly, the provisions
of the Constitution of Saint Vincent and the Grenadines, as outlined in the
previous paragraphs, do protect the child against discrimination on the grounds
of race, sex, place of origin, political opinions, colour or creed. There is no
specific reference in the Constitution to language, national, ethnic or social
origin, property, disability, birth or other status. These will now be
addressed in turn.
60. Language. The language spoken in
Saint Vincent and the Grenadines is English. At home most children speak
the local version. The issue
of language is not of major importance in the
country since there are no major language differences within the general
population.
The Education Act states that no child shall be refused admission
to a public school on account of his language (Act No. 29 of 1992,
sect.
14).
61. National, ethnic or social origin. Once a child of
another nationality has entered the State of Saint Vincent and the
Grenadines he or she is in practice ensured
that his or her rights
as stated in the Convention will be respected. In effect, there is no
legislation on the statute books which
provides more favourable treatment to
nonVincentians from one country as opposed to nonVincentians from another
country with respect
to health care, educational opportunities and all the other
aspects of which the Convention speaks. The Education Act states that
no child
shall be refused admission to a public school on account of his race or social
status (Act No. 29 of 1992, sect. 14).
62. There are
certain privileges enjoyed by certain children based on their national origin.
In practice, citizens from the countries
belonging to the Organization of
Eastern Caribbean States (OECS) have privileges based on the cooperation
agreements signed by the
various OECS countries further to the Organization of
Eastern Caribbean States Act (cap. 140) and these may not be available to
children
who are not citizens of OECS territories. They include access to some
educational and training opportunities, as well as privileges
relating to
freedom of movement within the countries of the OECS.
63. Children who
are citizens of Commonwealth countries have privileges based on the membership
of Saint Vincent and the Grenadines
in the Commonwealth and its historical
ties with the United Kingdom. These privileges are not available to children
who are not
citizens of Commonwealth countries. Under the legislation,
there are separate provisions for Commonwealth citizens in Saint Vincent
and the Grenadines. The Deportation and Restriction of Commonwealth Citizens
Act, (cap. 76) regards a person as belonging to Saint
Vincent and the
Grenadines if he or she is a citizen of Saint Vincent and the Grenadines or
a Commonwealth citizen who has been ordinarily
resident in Saint Vincent
and the Grenadines for at least seven years. The dependants of such a
person include a child, stepchild
or adopted child under the age of 16 and these
dependants are also considered to belong to Saint Vincent and the
Grenadines under
the terms of the law (cap. 76, sect. 2). Conversely, under the
terms of the Expulsion of Undesirable Aliens Act (cap. 77, sect.
2) an alien is
defined as any person who is not a Commonwealth citizen and the law makes no
provision for any time period after which
an alien is considered to belong to
Saint Vincent and the Grenadines. The children of such persons would be
aliens and would not
have the same privileges as children of Commonwealth
citizens.
64. The Immigration (Restriction) Act (cap. 78, sect. 2)
includes in the definition of persons who belong to Saint Vincent and the
Grenadines, citizens of Saint Vincent and the Grenadines and Commonwealth
citizens who have been domiciled in Saint Vincent and the
Grenadines for
seven years, as well as the children, stepchildren and adopted children of such
persons who are under the age of 18.
65. The Population and Housing
Census, 1991 states that 77.1 per cent of the population is of
African/Negro/Black ethnic group, 16.4
per cent of mixed origin and 3.1 per cent
of Carib origin. The ethnic composition of Saint Vincent and the
Grenadines is not sufficiently
varied for there to be any conclusive statements
made on the impact of ethnicity in this report. The Poverty Assessment Report
for
Saint Vincent and the Grenadines (1996), a report commissioned by the
Government of Saint Vincent and the Grenadines with technical
assistance
from the Caribbean Development Bank sheds some light on the situation in that it
states that “the small community
of persons of Carib ancestry,
concentrated in the North of the main island, constitutes a socially distinctive
group in Saint Vincent
and the Grenadines, and tends to be viewed as the
base of the social pyramid”. Further in the report, it is stated:
“The
Carib Community of Saint Vincent does experience some subtle
social discrimination in the functioning of the society”. (ibid.
p.
25).
66. It can be said that, in general, whilst there is no overt
discrimination based on social origin in Saint Vincent and the Grenadines,
children of parents with higher incomes have access to better health care and
educational opportunities inside and outside of Saint
Vincent and the
Grenadines. This is perhaps something which the State is unable to control. In
most cases, the public services
available are provided to all on a first come
first served basis and access to them is not dependent on the social status of
the
recipient.
67. Property. Under the laws of
Saint Vincent and the Grenadines there is no discrimination against a child
based on the child’s or his
or her parent’s or legal
guardian’s property. The Status of Children Act (cap. 180, sect. 7) has
sought to remove the discrimination against children born out of wedlock in
cases relating to succession to property on intestacy
or which emerges out of
the construction of a will. The law now allows for a child born out of wedlock
to have equal status with
his or her siblings born in wedlock once the paternity
has been established prima facie.
68. Disability. Under
the Laws of Saint Vincent and the Grenadines there is no discrimination
against a child based on the child’s or his
or her parent’s or legal
guardian’s disability. In practice however there is a difficulty in
providing services such
as education and health care to children with certain
types of disability which render them unable to attend the available
institutions
geared towards the care of persons with disability. This will be
further discussed in chapter 7 of this report.
69. Birth. Under the
Immigration (Restriction) Act (cap. 78, sect. 2) a child born out
of wedlock who is not adopted, legitimated or a stepchild,
is only
considered to belong to Saint Vincent and the Grenadines if the mother is a
Commonwealth citizen or a citizen of Saint Vincent
and the Grenadines, or
if the mother is married to a citizen of Saint Vincent and the
Grenadines.
70. The Status of Children Act (cap. 180, sect. 3) states
that all children are to have equal status whether or not the mother or father
have been married to each other. In general,
after the Status of Children Act,
the word relationship does not mean only legitimate relationships. However in
issues relating to domicile, citizenship or adoption
the old rule still applies.
71. The Status of Children Act provides important mechanisms for
addressing the thorny problem of establishing paternity, thus enabling children
born out of wedlock
to access whatever benefits to which they are entitled and
from which they would otherwise be excluded. These mechanisms include
blood
tests (cap. 180, sect. 11), provisions for voluntary acknowledgment
of paternity, as well as applications to the High Court for a declaration
of paternity by
the mother of the child, the father of the child or an
interested party (cap. 180, sect. 10).
B. Best interests of the child (art. 3)
1. Provisions for the child’s best interest
72. The principle of
the child’s best interest is enshrined in various legislative enactments.
The Law of Minors Act (cap.
169, sect. 5) provides that in the proceedings
before any court, where the custody or upbringing of a minor or the
administration
of any property belonging to a minor is in issue, the court
“shall regard the welfare of the minor as the first and paramount
consideration”. This is supported by the Matrimonial Causes Act (cap.
176, sect. 64) whereby, before the making of a decree
of divorce or nullity of
marriage or grant of judicial separation, the court has to satisfy itself that
the arrangements for the
welfare of the child of the family are the best that
can be devised in the circumstances. In the making of any order to extend the
provisions of the Act to any child of the family, the court will take into
account any special circumstances which make it desirable
that in the interest
of the child the Act should apply to him. The Adoption Act (cap. 163, sect.16)
states that before making an
adoption order the court must be satisfied that the
order if made will be for the welfare of the child, due consideration being
given
to the wishes of the child, having regard to his age and understanding.
The Domestic Violence (Summary Proceedings) Act, 1995 states
that in making an
occupation order, the court must be satisfied that such an order is
“in the best interests of the child”.
73. In school life,
social life and courts of law the best interest of the child is usually the
main principle which governs decisions
made in relation to the child in
Saint Vincent and the Grenadines. In family life it is often found that
the parents or guardians
put the interest of the parent or guardian in an equal
position to or even in preference to the best interest of the child. The
main
rationale for this is that the survival of the family comes first and decisions
must be made to protect the interests of the
breadwinner or main caregiver prior
to protecting the interests of the child. This factor is often present where
criminal proceedings
are brought against a parent or guardian for acts allegedly
done against the child. Often the child is pressured to withdraw the
matter or
not to give evidence against the particular parent or guardian.
2. Standards of facilities for the care and protection of children
74. The only legal provisions relating to
standards of facilities for the care and protection of children are
contained in the Juveniles
(Approved Schools) Rules, subsidiary legislation
pursuant to the Juveniles Act (cap. 168, sect. 15). These rules establish that
the managers of an approved school are under an obligation to provide for
the clothing, maintenance, upbringing and education of
the persons under their
care. These rules provide for the care of juveniles and cover topics such as
dietary standards, the school
routine to be observed, religious instruction,
recreation, disciplinary matters, including corporal punishment, and medical and
dental
care. At present, there are no approved schools in existence in
Saint Vincent and the Grenadines.
75. Responsibility for
implementing the Juveniles Act is vested in the Ministry of Justice. The
Ministry of Housing and, in particular,
the Social Welfare Department are given
the mandate to address all social welfare issues, including the care and
protection of children.
There is no ministry which is legally responsible
for ensuring the enforcement of proper standards in children’s
institutions.
There is no legislation which provides direction in such areas as
the control and management of children’s homes or the management
of foster
care. There is therefore a need for legislation to govern the registration,
licensing and regulation of all facilities
utilized for the care and protection
of children, whether or not the facility is maintained by Government or a
private agency, in
order to ensure that some minimum standards are maintained.
76. In practice, the Social Welfare Department utilizes its own
administrative guidelines in decisionmaking regarding the standards
of
facilities for the care and protection of children. These facilities are
basically the homes in which children are placed in
foster care, since there is
only one government institution in the country which takes care of children who
have been abandoned or
who are in need of care or protection in the short or
long term.
77. This facility, the Liberty Lodge Boys Training Centre is
administered by the Ministry of Education and has capacity for only 25
boys. As
its name implies, it is not intended to be an institution for the care of
abandoned or neglected children, although it
often fulfils that role. It was
originally established as an educational/vocational training centre but has
evolved into a facility
for the care of boys who are experiencing behavioural
problems. It is not an approved facility, however, under the terms of the
Juveniles Act. Boys are referred to this Centre by the Family Court or the
Social Welfare Division. Boys are free to leave or be
withdrawn from the
facility by their parents. Children are entitled to go home for summer vacation
and are generally free to move
around.
C. The right to life, survival and development (art. 6)
78. The Constitution of Saint Vincent and
the Grenadines ensures that the right to life is protected (cap. 2, sect. 2)
except where the person is deprived of his life in execution of a sentence of a
court in respect of any criminal offence under any
law of which he has been
convicted, or through the use of legal and justifiable force or as the result of
a lawful act of war. The
Criminal Code reinforces the constitutional provision
concerning the right to life through clauses which prohibit murder (cap. 124,
sect. 159) and threats of murder (cap. 124, sect. 165).
79. Specifically
in relation to the child, the Criminal Code prohibits infanticide. This
means that a woman who, through her wilful
act or omission, causes the
death of her child under the age of 12 months may be convicted of
infanticide instead of murder if her
mind was disturbed by reason of her not
having fully recovered from the effect of giving birth to the child or by reason
of the effect
of lactation consequent upon the birth of the child (cap. 124,
sect. 164). The Criminal Code establishes that a child becomes capable
of being
killed when it has completely proceeded in a living state from the body of its
mother, whether it has breathed or not, whether
it has independent
circulation or not, and whether the navel string is severed or not
(cap. 124, sect. 170). The Criminal Code also
creates the
offence of killing an unborn child. This refers to any act which prevents a
child being born alive when the mother is
about to be delivered of the child
(cap. 124, sect. 171).
80. The crime of abortion is committed when any
person gives a woman any poison or causes her to take any noxious thing or uses
any
means to make her miscarry, even when she is not pregnant (cap. 124, sect.
149). Such a pregnancy may be legally terminated in a
hospital or other
establishment if two medical practitioners are of the opinion that the
continuation of the pregnancy would involve
risk to the life of the pregnant
woman or injury to her physical or mental health or that of any existing
children of hers, greater
than if the pregnancy were terminated.
81. The Criminal Code seeks to ensure the survival and development of
the child by making it a criminal offence to abandon or expose
any child
under the age of two with the result that the life of the child is
endangered or the health of the child is or is likely
to be seriously or
permanently injured (cap. 124, sect. 198). It also makes it an offence for any
person who has the duty of providing
the necessaries of life to a child to
fail do so with the result that the child is likely to be endangered or his
health is likely
to be seriously or permanently injured (cap. 124, sect.
198).
82. The provision of financial support for the maintenance of a
child or children is ensured by the Maintenance Act, (cap. 171, sect.
3), which
makes it the duty of a man, married woman having separate property or single
woman as the case may be, to provide reasonable
maintenance for children under
the age of 16 or those over the age of 16 if due to being physically or mentally
handicapped they
are unable to help themselves.
D. Respect for the views of the child (art. 12)
83. The Adoption Act (cap. 163, sect. 16) states
that before making an adoption order the court must be satisfied that the
order,
if made, will be for the welfare of the child, due consideration being
given to the wishes of the child, having regard to his age
and understanding.
The Law of Minors Act (cap. 169, sect. 12) empowers the High Court to make any
order it thinks fit for the custody,
right of access and maintenance of a minor
after taking into consideration the welfare of the minor and the conduct and
wishes of
the mother and father. There is no mention of consulting the wishes
of the minor. The same Act, however, in relation to the powers
of the court to
make an order for the production of a child who is in the possession of another
person other than the parent (sect.
27), gives the court the power to consult
the wishes of the minor in considering what order ought to be made (sect. 31).
It is recommended
that within any policy on
children or related legislation there is a need to ensure that any court
consults the wishes of a minor in all situations regarding
custody once the
minor has the maturity to understand the situation and to make some free choice.
84. In Saint Vincent and the Grenadines children’s views are
generally not taken seriously. In families in the middle and upper
income
brackets there is more emphasis on the views of the child in relation to matters
affecting him or her. In addition, children
from those brackets tend to be
more exposed to situations where selfexpression is encouraged by adults from an
early age.
85. In general, the courts will take into account the
views of children who have reached a certain age and maturity in judicial
proceedings
affecting them. Outside of that, the views of the child are
considered in school disciplinary proceedings. In any conflict in which
children are involved, whether it is with a teacher or with another student, the
child is normally present along with the parents
or guardians and is asked to
present his or her side of the story before any action is taken.
E. Concluding comments
86. What this chapter highlights is that the
general principles of the CRC are in place to some extent. These are
nondiscrimination,
acting in the best interests of the child, the right to life,
survival and development and respect for the views of the child. There
are
several aspects which still need to be addressed, including the protection of
children with disabilities from discrimination.
87. At present, the
Constitution of Saint Vincent and the Grenadines does not specifically
include the issue of disability as a discriminatory factor and, given the
tendency of persons in the society to discriminate against children with
disabilities, this needs to be given some attention.
88. There is also
a need to draft legislation to establish minimum standards of care in public and
private facilities for children
who are either removed from their home
environment or are abandoned or who for whatever reason need the benefit of such
facilities.
89. The lack of a facility where children can be taken care
of if they require special care and protection is an issue that will also
need
to be dealt with as a matter of urgency. This will be further discussed in
chapter VI of this report.
V. CIVIL RIGHTS AND FREEDOMS
A. Name and nationality (art. 7)
90. In the social and
cultural context of Saint Vincent and the Grenadines, the right of the
child to a name has two distinct elements
to it. One is the legal aspect and
the other is the sociocultural aspect. They will be discussed separately.
91. Legally, there is a requirement that every child born in the State of
Saint Vincent and the Grenadines should be registered within
14 days after
birth by the father and mother of the child or by the occupier of the house or
place where the child is born (Registration
of Births and Deaths Act, cap. 179,
sect. 17). At the time of registration, the child is given a name, which would
include the Christian
name and a surname.
92. If the father and the
mother of the child are not married and the father of the child does not present
himself with the mother
at the time of registration, that child will not carry
his surname. The child will only carry the father’s surname if the
father
subsequently makes a declaration before the prescribed authorities that he is
the father or if the courts of law, through
due process, declare him to be the
father (Registration of Births and Deaths Act, cap. 179, sect. 28).
93. If the parents of the child are married or if the child is born
within 10 months of the dissolution of the marriage by death or
otherwise then
the courts will presume that the child is a child of the marriage. In that
case, the child will bear the name of
the husband to whom the woman was married
prior to the dissolution of the marriage (Status of Children Act, cap. 180,
sect. 6).
If 10 months prior to the birth of the child the mother remarried or
was living apart from the husband under a separation agreement
or other order
made by a court, the child will not automatically bear the name of the man to
whom she was married.
94. Conversely, the child who was born to parents
who subsequently married can apply to the Registrar General to have him or
herself
reregistered under the Legitimation Act (cap. 170, sect. 3). The
Legitimation Act (cap. 170 sect. 3) also makes provision for the
reregistration
of persons who have been legitimated by the father acknowledging himself to be
the father of the child or by the courts
having made a declaration of paternity
in favour of a particular child.
95. The issue of time in relation to the
registration of a child after birth is important in law since if a child is
registered three
months or more after its birth, then a fee is payable. The
registration of the birth of a child after the expiration of 12 months
after its
birth can only be done on the written authority of the Registrar General and on
the payment of a prescribed fee (Registration
of Births and Deaths Act, cap.
179, sect. 22).
96. The cultural or socioeconomic issues related to the
registration of births are important. In Vincentian society, carrying the
father’s name still implies a certain privileged status as opposed to the
child who bears the mother’s surname. The
concept of
“bastardy” is still a very live one in this excolonial society.
Whilst the stigma attached to being born
out of wedlock may not be as great as
in other countries, negative perceptions still remain associated with the term
and thence the
person to whom it is attached. In practical terms, the child
born out of wedlock usually does not have the fullest social acceptance
as does
the child born within marriage.
97. This historical sociocultural bias
against children born out of wedlock is reflected in the legislation. What the
legislators
have sought to do in the recent past has been to try and correct
this bias by allowing the father’s name to be inserted in
the register of
births and by stating in principle that all children are to have equal status
irrespective of whether the father
and the mother are or have been married to
each other (Status of Children Act, cap. 180, sect. 3).
98. There are
several means by which a child can carry the name of both parents in the
register of births. One way is by the father
accompanying the mother to
register the child. This is fairly straightforward and is provided for under
the provisions of the Registration
of Births and Deaths Act heretofore
mentioned. The second way is to have an affiliation order or a paternity order
made by the Family
Court under the Maintenance Act (cap. 171, sect. 18). The
third way is for the child to become legitimated under the Legitimation
Act by
the subsequent marriage of his or her parents (cap. 170, sect. 3). The fourth
way is for a declaration of paternity to be
granted by the High Court under the
Status of Children Act (cap. 180, sect. 10). This allows the child to apply to
the court to establish that the relationship of father and child exists with any
particular person,
whether or not that person is living or dead.
99. The CRC also establishes the right of the child to acquire a
nationality. Under chapter VII of the Constitution of Saint Vincent
and the Grenadines Act (cap. 2, sect. 91), every person born in
Saint Vincent and the Grenadines immediately before
and after the
commencement of the Constitution is a citizen of the State unless at the time of
his birth his father is a citizen of a country with which Saint Vincent and
the Grenadines
is at war. Children born outside of Saint Vincent and the
Grenadines can acquire Vincentian citizenship once either of their parents
are
Vincentian citizens (cap. 2, sect. 92).
100. The Immigration
(Restriction) Act (cap. 78, sect. 2) which governs the entry of persons into
Saint Vincent and the Grenadines
includes in the definition of a person who
belongs to Saint Vincent and the Grenadines a child under the age of 18 who
is the child,
stepchild or adopted child of a citizen. If the child is born out
of wedlock and is neither legitimated, adopted or a stepchild
he is deemed to
belong to Saint Vincent and the Grenadines only if his mother is a citizen.
This is supported by the Status of Children’s
Act (ibid, sect. 3), which
states that issues relating to domicile or citizenship are not affected by its
provisions. It is recommended
that the Immigration (Restriction) Act be further
examined to determine whether its provisions are against the spirit of the
Convention.
101. The Saint Vincent and the Grenadines Citizenship
Act (cap. 80, sect. 4) states that in addition to the provisions of the
Constitution, a person born in Saint Vincent and the Grenadines after the
date of independence is a citizen of Saint Vincent and the Grenadines
by
birth if his mother is a citizen. This legislation also provides for children
to have more than one nationality (ibid, sect. 10). If a child who is not a
citizen of Saint Vincent and the Grenadines is adopted by a citizen then
the child shall become a citizen
from the date of the adoption order. There is
also provision in the law for the Minister, in this case the Minister of Foreign
Affairs,
to have discretion in special circumstances to register any minor as a
citizen of Saint Vincent and the Grenadines (ibid, sect. 8).
B. Preservation of identity (art. 8)
102. The legal provisions are in place to
respect the right of the child to preserve his or her identity, nationality,
name and family
relations. The nationality of children who are not Vincentian
citizens is protected by The Saint Vincent and the Grenadines Citizenship
Act (cap. 80) which provides for children to have more than one nationality
(ibid, sect. 10). The identity of the child is protected
by the guarantees and
undertakings outlined in the various provisions of the Constitution of
Saint Vincent and the Grenadines which speak to the fundamental rights and
freedoms of all Vincentians, including children. With
respect to persons who
are immigrating to Saint Vincent and the Grenadines, the Immigration
(Restriction) Act, (cap. 78) seeks to
protect children of immigrants from being
considered prohibited immigrants under the law by ensuring that their identity
is properly
ascertained.
C. Freedom of expression (art. 13)
103. Persons in Saint Vincent and the
Grenadines are guaranteed the right to express themselves by section 10
of the Constitution, which grants freedom of expression, including freedom to
hold opinions without interference, freedom to communicate ideas and information
without interference, and freedom from interference with their correspondence,
as long as this does not contravene laws made to protect
public safety, public
health and public order or which are made to protect the reputation and private
lives of persons.
104. In practice, programmes are in place throughout
the year to enable children in the State to avail themselves of
opportunities
to express themselves. These include specific activities planned
during Youth Week, Child Abuse Prevention Month and Child Month,
as discussed in
chapter II, section B.1 of this report. The Ministry of Education and Culture
organizes a schools drama and dance
festival which involves all the primary and
secondary schools and which enables children to display their dramatic talents
and builds
their capacity for selfexpression.
105. Outside of these
programmes there are numerous opportunities available to children for
selfexpression. Some of these are through
activities organized by schools or
through nonprofit organizations. At the national level, there are some annual
activities such
as a public speaking competition amongst secondary schools.
There is also a debating competition and several spelling competitions
at both
primary and secondary school level. Some nongovernmental organizations and
community groups organize exchange visits between
communities within and outside
of Saint Vincent and the Grenadines. Private business enterprises also
sponsor and organize popular
dance and singing competitions and beauty contests,
which have great appeal to teenagers. One insurance company is organizing an
art competition regionally in 1999 and Vincentian children are being invited to
participate. Another private enterprise is promoting
a young leaders’
programme to develop skills in young people in the region. Through this
programme, young people are able
to travel to the different islands and develop
their capacities for selfexpression.
106. Another forum where children
and youths are encouraged to express themselves is training workshops organized
throughout the year
by various government departments, voluntary organizations
and churches. The wide range of issues discussed at these workshops include
teenage pregnancies, drugs, AIDS and parenting.
D. Access to appropriate information (art. 17)
107. In the context of Saint Vincent and
the Grenadines, there are several ways in which children receive information.
These are
mainly through radio and television broadcasts, the Internet, computer
programs, written material and public dissemination through
talks, lectures,
seminars and other oral forms of expression.
108. Radio and
television. Since 1995 the Government of Saint Vincent and the
Grenadines has encouraged the growth of FM radio stations by granting new
licences
and as a result several radio stations are now operating. The main AM
station is government controlled but all the FM stations are
privately
operated and carry a variety of programmes on a daily basis. Children have
access to all these radio stations and there
is no limit placed on the
importation of radios, apart from the regular Customs duty payable on such
items. These radio stations
are not required to provide a portion of their
programming for children and perhaps this could be recommended as part of the
licencing
agreement. It should be noted that the government radio station,
Radio 705, provides free radio time to government departments which
they
can use for the discussion of issues related to the CRC.
109. Most homes
have a television set. At present there is only one television station in the
country and it is privately owned.
It does not transmit on a 24hour basis, but
transmits mostly from midday until the following morning. Despite this, it is
not able
to broadcast many locally produced programmes for children since these
are not regularly produced. There is no local children’s
television
programme and this is an aspect which needs to be addressed by the Government of
Saint Vincent and the Grenadines.
110. Cable television has taken on
increasing popularity in Saint Vincent and the Grenadines over the past
five years and the local
cable company now offers over 20 channels. Some
private individuals also have their own satellite dishes, which enables them to
access outside channels without resort to cable television.
111. Such
widespread access to television channels from outside of Saint Vincent and
the Grenadines offers a major challenge to the
authorities interested in
developing appropriate guidelines for the protection of the child from
information and material injurious
to his or her wellbeing. There is little
evidence that cable television viewing by children within the home is adequately
monitored
and there are frequent incidences of material unsuitable for children
being transmitted during times when children are at home.
112. There
needs to be an educational programme for parents on the importance of monitoring
what their children watch on television.
The Criminal Code makes it an offence
for any person to carry out the business of distributing films “tending to
corrupt morals”
or to carry on or take part in any business, whether
public or private, which distributes such movies publicly or makes a business
of
lending them (cap. 124, sect. 284). In practice this law is not observed and it
is questionable whether it would apply to the
transmission of television
broadcasts.
113. The Internet. There is a growing interest in
using the Internet to provide children with access to information and several
private individuals
have purchased computers for use within their homes. Apart
from this there is a commitment by the Government to secure computers
for
schools at the secondary and tertiary level and funding has been secured for
this purpose. Several primary and secondary schools
have, on their own
initiative, secured donations of computers from the private sector and have
gained access to the Internet. The
local service provider, Cable and Wireless,
has been donating free linkup to the Internet to several educational
institutions.
114. There still remains to be considered the issue of
putting in place mechanisms to monitor the use of the Internet by children,
since there is growing concern internationally over the abuse of the Internet by
persons interested in carrying on nefarious activities,
such as the display of
pornographic material and the sale of sexual services via that medium. Other
than that, the Internet will
clearly be a source of valuable information to
children seeking diverse material from various sources and, if effectively
utilized,
will greatly contribute to the broadening of children’s creative
capacities.
Publication and dissemination of children’s books
115. There is very little publication of
children’s books within the country. The few that have been produced have
been geared
towards providing educational material for students. The recent
publication of a social studies resource book for secondary school
students is
one notable example. Most books are purchased or received as donations from
abroad. There are several commercial bookstores
in Saint Vincent and the
Grenadines, since the Government is not involved in the distribution and sale of
books. Access to good
publications for children on a wide variety of topics is
very limited since commercial considerations are paramount for the bookstores
and they mainly stock up on recommended texts for schools.
116. The
National Library Service is a part of the Ministry of Education, Culture and
Women’s Affairs. The Library caters to
adults and children and the
reference section is used by many school children. The National Library
Service celebrated its annual National Library Week in March of 1999. During
this week the National Library
services holds various activities geared towards
publicizing the material available in the library and the National Archives.
Some
bookstores also offer discounts on books and other reading materials.
117. The main library, the Kingstown Public Library, is in urgent need
of more reading materials for children and the building in
which it is housed,
located in the business district of the capital city, Kingstown, needs repairs
and improvement. There are small
libraries in some of the schools and rural
communities and these are managed by individual schools or organizations.
118. Some materials for rural libraries are provided by the Department
of Local Government. These libraries are supervised by the
National Library
Service and there is a need to strengthen the access of children in the rural
areas to adequate reading material.
During the summer vacation one of the
commercial bookstores also sponsors a reading competition among schoolchildren
to encourage
good reading habits.
E. Freedom of thought, conscience and religion (art. 14)
119. The Constitution of Saint Vincent and
the Grenadines protects the right to freedom of thought, conscience and religion
for all Vincentians, including
children (cap. 2, sect. 9). If a person is under
the age of 18 years, only on the consent of his guardian, will he or she receive
religious instruction whilst
attending any place of education or being detained
in any prison or corrective institution. Freedom of thought, conscience and
religion
is in practice observed in the State, since there are many different
religious beliefs, although the majority are of Christian
origin.
120. The Education Act (Act No. 29 of 1992) ensures that
attendance at religious instruction is not allowed as a condition for admission
to a public school and that any parent may request that his or her child be
excused from attendance at any religious observance or
instruction
(sect. 15).
121. In cases where a child is detained at an approved
school under the Juveniles Act, the Juveniles (Approved School) Rules state
that
the managers of such an approved school should as far as may be practicable
arrange for juveniles to receive religious instruction
from a minister of the
religion to which they belong (cap. 168, rule 20). Where a child is brought
before the Juvenile Court or
is convicted of committing an offence and is
thereafter placed in the care of a fit person by an order of the court, the
court, before
making the order, shall endeavour to ascertain the religious
persuasion of the juvenile and, wherever possible, this will be taken
into
consideration (cap. 168, sect. 21).
122. Under the Law of Minors Act,
where the High Court gives custody of the minor to someone other than the
parents, the court has
power to order that the child should be brought up in the
religion of the parent’s choice (cap. 169, sect. 30).
F. Freedom of association and of peaceful assembly (art. 15)
123. Under the Constitution of
Saint Vincent and the Grenadines all persons are guaranteed the fundamental
right to freedom of association and peaceful assembly
(cap. 2, sect. 11). In
practice young people in the State have a tradition of participating freely in
youth groups or organizations of various types
and for various purposes.
Children have also participated in peaceful picketing, for example, when they
have been protesting conditions
at their educational institutions. In other
situations young women have participated in peaceful marches to protest domestic
violence
and some young persons have participated in political activities such
as youth rallies and have even joined political parties as
members. The
political parties of the country have drafted membership of their various youth
organizations from the pool of teenagers
aged 16 years and above.
124. In general, young people in the State are not restricted from
associating or assembling and most do, especially young males who
gather at
street corners or recreational facilities.
125. In schools, students
are permitted to form student councils. The Education Act provides that the
Minister of Education should
actively encourage the formation, functioning and
development of student councils in all schools.
G. Protection of privacy (art. 16)
126. The Constitution of Saint Vincent and
the Grenadines does not protect the privacy of the individual as a fundamental
right, but it does protect the
individual against arbitrary search and entry
(cap. 2, sect. 7). This protects the individual from being subjected to
arbitrary search of his or her person or his or her premises without his or
her
consent. However, it does not protect him or her from unlawful interference
with his or her home or correspondence, nor from
unlawful attacks on his or her
honour and reputation. In the latter case the person would be able to seek
redress in an action for
libel or slander.
H. The right not to be subjected to torture or other cruel,
inhuman
or degrading treatment or punishment (art. 37 (a))
127. Under section 5 of
the Constitution of Saint Vincent and the Grenadines all persons are
protected from being subjected to torture or to inhuman or degrading punishment
or other treatment.
128. The Criminal Code states that the sentence of
death shall not be pronounced against a person convicted of an offence if it
appears
to the court that at the time when the offence was committed he or she
was under the age of 16 years (cap. 124, sect. 24). In lieu
thereof, he or she
is liable to be sentenced to be detained for life. There is a major difficulty
in Saint Vincent and the Grenadines
with regard to this provision, since
there is no juvenile facility. The law provides for the authorities to place
the juvenile in
the public prison if there is no alternative.
129. The
Juveniles Act (cap. 168), allows corporal punishment to be administered on
males within approved schools, however the rules
lay down the manner in which
such punishment shall be administered.
130. Saint Vincent and the
Grenadines has adhered to the United Nations Declaration on the Prevention of
Crime and the Treatment of
Offenders and in connection therewith has included
the provisions of that declaration in its national legislation. The United
Nations
Declaration on the Prevention of Crime and Treatment of Offenders Act
(cap. 143) makes it an offence to carry out acts of torture
and other cruel,
inhuman or degrading treatment or punishment on any person. The law
incorporates the provisions of the Declaration
in the Schedule, which defines
torture as “any act by which severe pain or suffering, whether physical or
mental, is intentionally
inflicted by or at the instigation of a public official
on a person for such purposes as obtaining from him or a third person
information
or confession, punishing him for an act he has committed or is
suspect to have committed or intimidating him or other persons”.
131. Corporal punishment of children in schools is an issue which falls
to be considered in this section. Regulations made under
the Education Act
provide for the manner in which corporal punishment should be administered in
schools. The Ministry of Education
is not at this time considering its
discontinuance as a form of discipline.
I. Concluding comments
132. One of the main difficulties encountered in
implementing the relevant provisions of the Convention with respect to the civil
rights and freedoms of children has been the limited economic and human
resources available. This has meant that whilst some of
the legislation is
wellintentioned and does address the measures provided for by the Convention,
the implementation has been slow.
133. The major gap observed in
relation to this chapter has been with respect to the right to access to
appropriate information (art.
17). Whilst the existing trend is to introduce a
wide crosssection of children to the information age through the provision of
Internet
services in
schools and in homes, it must be done with due precaution, to prevent
children from having access to unsuitable material which, in
the words of the
Convention, would not “promote [their] social, spiritual and moral
wellbeing and physical and mental health”.
This brings into play the need
for proper sensitization and training for teachers and parents with respect not
only to the benefits
but also to the dangers of the Internet.
134. A
wholehearted embracing of new technology is not advisable, especially in
relation to its use for the teaching and education
of young minds. If one
observes the trend in developed countries, this aspect of monitoring of the
Internet is receiving a great
deal of attention because of concern on the part
of many persons regarding the ongoing abuse of the medium. This should
similarly
be proposed for Saint Vincent and the Grenadines.
135. Similarly, the unrestricted access of many children to cable
television poses many dangers for their spiritual and moral development.
In the
first instance, there is insufficient promotion of the need for extreme caution
by parents in allowing children to view violent
and/or sexually explicit
material. This may require that the Government examine the possibility of
introducing some form of monitoring
of the programming provided by cable
television companies to the public. There should be a promotion of programmes
available on
the cable television network which are recommended viewing for
children.
136. The radio and television programming needs to be
strengthened in order to provide more culturally relevant material for children.
This will require that resources be put into the development of some form of
local programming facility which would produce such
programmes. Whilst it is
recognized that the ongoing efforts by the radio and television producers are
laudable given the resource
constraints, the Government, in fulfilment of its
obligations under the Convention, may need to consider investing in this as a
means
of counteracting the harmful social influences pervading the society which
are affecting the values that children are absorbing from
an early
age.
137. Urgent attention needs to be paid to the issue of the
dissemination and publication of children’s books. Available reports
indicate that, owing to the distractions provided by cable television, among
others things, a large number of children in the country
are not functionally
literate. It is therefore critical that the Public Library Service be
strengthened to enable it to carry out
some remedial reading programmes and to
also expand its stock of children’s books.
138. A recommendation
made by the Convention on the Rights of the Child Committee is that a board be
established to censor materials
to which children will have access. In the
licensing agreement with the cable television companies there should also be
included
a clause allowing for some control by the Government or some
responsible agency of the channels made available during the hours when
children
are expected to be awake.
139. With respect to the right of the child
to a name and nationality (art. 7), there needs to be an amendment of the law to
delineate
some specific agency to register a child who is found abandoned and
some mechanism established for providing that child with a name.
VI. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
A. Parental guidance (art. 5)
140. The right of the
parent to provide direction and guidance to the child in how that child
exercises his or her rights is not explicitly
spelt out in any legislation.
However, in the context of Vincentian society, the State does not openly
intervene in the upbringing
of children who are with their parents or guardians
unless there is some problem within the home and that problem is brought to the
attention of the authorities. Even when the problem is brought to the attention
of the authorities, the first resort is to involve
the parents in the process of
discussion to understand where the child is abusing his or her rights as
recognized by the Convention.
For example, the child may be exhibiting
behaviour that is not in accordance with his or her rights. Such behaviour
might involve
membership in unlawful associations, gangrelated violence or
disorderly conduct carried out in the name of free speech. Where this
leads to
the commission of a criminal offence, the law does seek to provide
counselling to the family through the Family Court, the
Social Welfare
Department or other agencies.
141. The Ministry of Health and the
Environment, through its Health Education Unit, provides training in parenting
and family life
education to communities, women’s groups and PTAs. This
community outreach programme is conducted on an ongoing basis and
the goal of
the unit is to expand this programme into more communities. The Youth
Department, within the Ministry of Housing, provides
similar training.
142. Marion House, a nonprofit NGO which was started in 1989 by the
Roman Catholic Church and the National Children’s Home (U.K.),
also
provides programmes in counselling for youths and other programmes geared
towards developing youths who will behave responsibly.
There is a Young
Parenting Empowering Programme conducted at Marion House which has as its
objective empowering parents to increase
and develop their parenting skills.
The components of the programme include child development, discipline and child
abuse prevention,
selfesteem, budgeting and nutrition, communication skills,
family relationships, home management, adult education and backyard
gardening.
143. VINSAVE was instrumental in the launching in 1997 of an
organization called Parenting Partners. The organization is made up
of persons
who have been trained in parenting through the UWI distance education programme.
Its members conduct parenting sessions
with parent groups through PTAs, churches
and community groups. Preschool teachers at the VINSAVE child development
training programme
are exposed to parenting sessions as part of their
course.
144. In general, the right of parents to guide their children is
respected, although in practice parents and the extended community
welcome
intervention by concerned persons who in their official capacity intervene to
provide timely warnings and guidance to children
and young persons whom their
parents or guardians cannot control. In certain circumstances, parents and
guardians take children
to respected officials such as police officers,
magistrates or welfare officers and request that these officials “talk to
the
children” in cases where the parents or guardians feel that the
children do not respect the authority of the parents or guardians.
B. Parental responsibilities (art. 18, paras. 1 and 2)
1. Parental responsibilities
145. The principle that
both parents have common responsibility for the upbringing of their children is
enshrined in the law as is
the principle that parents have primary
responsibility for the upbringing and development of the child.
146. These are separate but intrinsically connected principles. Common
responsibility is expressed by the provision of the Law of
Minors Act (cap. 169,
sect. 4), which states that in relation to the custody or upbringing of the
minor “a mother shall have
the same rights and authority as the law allows
to a father, and the rights and authority of mother and father shall be equal
and
exercisable by either without the other”. It also provides that no
agreement on the part of the mother or the father to give
up rights or authority
is enforceable if it is not for the benefit of the child. As discussed in
chapter IV, section 2.1, the court
regards the welfare of the minor as the first
and paramount consideration.
147. The issue of the primary
responsibility of parents for children is recognized by the law in that it is
only after both parents
have either died, abandoned their responsibility or been
adjudged unworthy parents that the courts will step in. The court may then
appoint a guardian, make a child a ward of the court or otherwise disregard the
parental rights enshrined in law.
148. Under the Law of Minors Act, the
High Court will not make an order for some person who has brought up a child at
his own expense
to deliver up the child to the parent unless the parent
satisfies the court that, having regard to the welfare of the child, he is
a fit
person to have custody of the child (sect. 29). If it orders the minor to be
given up to the parent, the court may further
order that the parent shall
reimburse the expenses of the person who brought up the child.
149. Even
where the court makes an order under the Law of Minors Act appointing a person
to be the sole guardian of a minor to the
exclusion of his mother or father, the
court is also entitled to make an order giving the mother or father access to
the minor or
requiring the mother or father to pay to the guardian for its
maintenance (cap. 169, sect. 15).
150. The Law of Minors Act also states
that in relation to the determination of custody and maintenance of children,
“parent”
is defined not only as a biological parent but as including
any person at law liable to maintain, or entitled to custody of, a minor
(sect.
32). This recognizes the cultural context of Saint Vincent and the
Grenadines, where close relatives have often been in the
role of natural
parents. The law, however, does seek to establish the paternity of a child in
order to be able to ensure that the
father lives up to his parental
responsibility.
151. The Maintenance Act (cap. 171) enables a woman who
has a child by a man out of wedlock to seek a paternity order from the court
in
order to have him declared the father of her child (sect. 18). The Status of
Children Act (cap. 180) also makes provision for the paternity of a child to be
determined through blood tests and to have the High Court make
a declaration of
paternity where this is proved (sect. 10).
152. Under the Juveniles Act
(cap. 168, sect. 8), a parent or other person legally liable to maintain a
juvenile shall be deemed to
have neglected him in a manner likely to cause
injury to his health if, being able to do so, such parent or other person fails
to
provide adequate food, clothing, rest, medical aid or lodging for him. The
Juveniles Act (cap. 168, sect. 11) also states that any
police officer or
authorized person, such as a probation officer, may bring before a juvenile
court a juvenile in need of care or
protection. The court has the power, if
satisfied that the welfare of the juvenile so requires, to make an order
committing him
to the care of any fit person, whether a relative or not, who is
willing to undertake to take care of him. The court may also make
an order
requiring his parent or guardian to enter into a recognizance to exercise proper
care and guardianship and in addition to
this may place the juvenile under the
supervision of a probation officer for at least three years. As mentioned in
chapter II, a
juvenile is defined as a child under the age of 16 (sect.
2).
153. The Maintenance Act (cap. 171, sect. 3) places equal
responsibility on a man, a married woman who has separate property and a single
woman
to provide reasonable maintenance for children under 16 and for children
over 16 if they are by reason of mental or physical disability
unable to
maintain themselves. In addition, an obligation is also imposed upon a man who
marries a woman having children under the
age of 16 to maintain them until they
have attained that age. If the child is over 14 the child himself can apply to
the court for
an order if any person liable to maintain him has failed to
provide or make proper contribution towards his maintenance (cap. 171,
sect. 4).
This order for maintenance made by the court can be extended beyond the time
when the child attains the age of 18 years,
provided that the child is, or will
be receiving instruction at an educational establishment or undergoing training
for a trade,
profession or vocation, whether or not the child is also in gainful
employment.
154. Despite the above, it must be noted that within this
society and culture women are mainly responsible for parenting. It is
recommended
that there should be a more structured approach to parent education,
which could take the form of a national programme which would
be developed and
implemented jointly by the Government and the private sector. In respect to
this, a policy should be developed
which would address the issue of
parenting.
2. Government assistance in the care of children
155. Government assistance in the care of
children is channelled through several ministries. The Social Welfare
Department in the
Ministry of Housing implements the Public Assistance Act and
Public Assistance Regulations (cap. 231). The Ministry of Health provides
curative and preventative health care to all categories of persons, as well as
direct supplementary food relief to children as is
discussed in chapter VII of
this report. The Ministry of Education provides educational support through the
management of primary,
secondary and tertiary institutions. This ministry also
provides subsidized school transportation, as well as other forms of support
discussed in chapters VII and VIII.
156. In this section we will focus on
the support provided by the Ministry of Housing through the Social Welfare
Division through
which a substantial portion of support to children is
delivered. The Public Assistance Act defines “public
assistance” as “the provision to poor and
needy persons of goods and services of any class or description approved by
the Board and includes (but is not limited to) building
materials and services,
educational materials (including books) medical supplies and public utility
infrastructure” (cap. 231,
sect. 2).
157. The Public Assistance
Board consists of 16 persons appointed by the Governor General and the term of
office of the Board members
is one year although members are eligible for
reappointment. Under the law, the Board has an advisory role to the Governor
General
on matters related to public assistance and in practice decides on
applications for public assistance. The law makes provision for
the appointment
of a Public Assistance Officer appointed by the Governor General who is
responsible for the proper administration
and application of moneys voted by the
House of Assembly for public assistance. This Public Assistance Officer is
responsible for
submitting to District Committees the list of public assistance
recipients resident in their districts and these district committees
are not
legally empowered to add to nor vary the list but only to make a report on it to
the Public Assistance Officer. The Public
Assistance Board is responsible for
reviewing the list of persons on public assistance to assess whether their
situation has improved
and to add or remove persons from the list of those
requiring public assistance.
158. In practice, applications are submitted
to the Ministry of Housing and these applications are investigated. The public
assistance
provided which specifically relates to children amounts to a set sum
of 60 dollars per child and should be provided on the basis
of need. The Social
Welfare Division makes the recommendation to give public assistance to a person
based on several reasons, including
abandonment of children, extreme poverty, if
the father is in prison, if the father is dead, if there is a fire, if the
persons are
homeless, crippled, destitute, orphans, mentally ill or unemployed.
At the end of 1998 there were 5,723 persons on public
assistance.
159. Direct assistance to children includes the provision of
school uniforms to students and two uniforms per class are distributed
to each
school. It also includes the payment of transportation for school children
attending school and the purchasing of school
textbooks. Assistance to the
families includes providing building materials and supplies to families who need
such assistance.
It also includes the payment of rent for persons who cannot
afford to pay their rent.
160. In addition to the above, the Social
Welfare Division has childcare services which include lectures to schools and
parent teacher’s
associations, counselling by probation officers in
designated communities and visiting of schools. The fostering of children is
managed by the Social Welfare Division, whilst the probation officers play an
active role in conducting home studies on families
proposing to adopt children.
Probation officers also conduct home studies and report to the courts on
juveniles or other social
situations on which investigation is required in the
process of dispensing justice or for any other reason. The Social Welfare
Division
has since 1997 organized the annual Child Abuse Prevention Month
activities.
161. One major constraint facing the Government in its
assistance in the care of children is the absence of any facility for the care
and protection of children who are abandoned, abused or who require a temporary
or permanent place of safety. The Liberty Lodge
Training Centre, managed by the
Ministry of Education, was not developed for this purpose and its limitations
have already
been discussed. The St. Benedicts Children’s Hospital, a private
institution managed by the Catholic Church, is heavily utilized
by the Social
Welfare Division in placing children who cannot be left within their homes or
who are found abandoned or need care.
The Government pays for the care of the
children sent there on the recommendation of the
Division.
162. Government assistance in the care of children is also
provided through the Family Court Act (1992). The Family Court was instituted
in 1994 and, through this medium, families and children have more access to
legal services which enable them to apply for maintenance
for children. The
Family Court is empowered to hear matters brought under the Maintenance Act, the
Juveniles Act, the Immunization
of Children’s Act, the Law of Minors Act,
Domestic Violence (Summary Proceedings) Act, the Education Act and sexual
offences
falling under the Criminal Code. Cases are heard in camera and
the more informal nature of the court allows for more sensitivity in dealing
with certain cases. Sittings of this court take
place both in Kingstown, the
capital, and in outlying rural areas, which provides greater access to its
services, although these
sittings are not on a daily basis in these outlying
locations, nor in Kingstown.
163. A probation officer is always available
for consultations at the court and the process of applying for and collection of
maintenance
payments has been improved. In most cases the Family Court seeks to
encourage out of court settlement of disputes through counselling.
The shortage
of trained counsellors working with the Family Court does, however, present a
serious limitation.
164. The challenges facing the Family Court include
the need for support services to be put in place to make more effective orders
in addressing certain situations; the need for more counsellors attached to the
court; and the need for a remand facility for juveniles.
There is also a need
to examine the legislation which has to be administered by the Family Court to
assess whether the mechanisms
for enforcing such legislation can be improved.
The Family Court was developed without an accompanying family law reform
process.
This process is still necessary in order to ensure that the
possibilities presented by the Family Court can be fully exploited.
C. Separation from Parents (art. 9)
1. Provisions for Separation
165. Under the Domestic
Violence and Matrimonial Proceedings Act (cap. 165, sect. 4), either party to a
marriage may apply to the
court for an order to prohibit the other spouse from
occupying the matrimonial home, based on the spouse’s acts of violence
to
the wife or children of the marriage. Under this order the offending spouse is
separated from the children whom he may be abusing.
The law specifically
construes the term “parties to a marriage” to include references to
a man and a woman who are living
with each other in the same household as
husband and wife.
166. There are other circumstances where a child can be
legally separated from both parents when the court considers that it is in
the
best interests of the child. The Juveniles Act (cap. 168) provides for a
magistrate to issue a warrant for any police officer
to search any house for any
juvenile or to remove any juvenile with or without search or to enter any house
by force to remove a
juvenile who is being assaulted, illtreated or neglected in
a manner likely to cause the juvenile unnecessary suffering or if one
of several
offences outlined in the Criminal Code have been committed against the juvenile.
These offences, as specified in the first
schedule to the Juvenile Act,
include a range of sexual offences such as rape, buggery, indecent assault,
etc., as well as others
such as choking, etc. Once the juvenile in these
circumstances is removed, the law provides that he should be kept in a place of
safety until he can be brought before the Magistrates Court (sect. 10).
167. The juvenile can also be brought before the Magistrates Court under
the Juveniles Act by “an authorized person” (sect.
11). In both
these circumstances, the court can consider the welfare of the juvenile and
either commit him to the care of a fit
person, whether a relative or not, who is
willing to take care of him, or commit him to an approved school (sect. 12). In
both these
situations the juvenile would be separated from his parents.
168. Once the juvenile is removed from his parents’ care in these
circumstances and placed in the care of a fit person, the
person to whose care
the juvenile is committed will have the same rights and powers and is subject to
the same liabilities in respect
of the juvenile’s maintenance as if he
were his parent and the juvenile so committed shall continue in his care
notwithstanding
any claim by a parent or any other person (sect.
37).
169. At present in Saint Vincent and the Grenadines there is a
serious constraint in that there is no “approved school”
nor is
there any place of safety. What the Social Welfare Division is forced to do on
some occasions when confronted with this situation
is to find foster homes for
the children or to leave the children in the home where the abuse occurred until
suitable fostering arrangements
can be made.
170. The Criminal Code
(cap. 124, sect. 143) provides that if a man is convicted of the offence of
incest against a female under the
age of 18, the court has the power to divest
from him all authority or rights of guardianship over that female.
171. The Law of Minors Act (cap. 169, sect. 27) provides that, where the
parent of a minor has abandoned or deserted a child and then
later makes an
application to the court to get that child back from the person in whose
possession the child is, the court may refuse
to return that child to the
parent. In a case where the parents are before the court with respect to the
issue of custody of their
child, the court may, if it considers both of
them unfit, entrust the care of the minor to an institution (sect. 13).
Similarly,
under the Maintenance Act (cap. 171, sect. 9) once a maintenance
application is before the court, the court also has the power to
make an order
with respect to the legal custody of any child under the age of 18 and the court
may give legal custody to a person
other than a party to the marriage or a
parent of the child. In this case the court will attempt to ensure that some or
all of the
parental rights and duties comprised in legal custody (other than the
right to actual custody of the child) are retained by the party
to the marriage
who is not given the legal custody. These rights and duties will be exercised
jointly with the person who is given
legal custody. This is one of the few laws
that specify the right of the parent to joint custody with someone who is not a
parent.
This would allow the parent to have continued access to the
child.
172. In custody proceedings relating to divorce or judicial separation of
parties to a marriage, the Matrimonial Causes Act (cap.
176, sect. 65) provides
that, even if such divorce or judicial separation proceedings are dismissed, the
court has the power to make
the child a ward of the court. In addition, where
the court does grant the divorce or judicial separation, it can make an order
that either party to the marriage is unfit to have custody of the children of
the family under 18. In these circumstances a child
may be legally removed
from the care and custody of a particular parent against the will of either the
child or the parent.
173. The other set of circumstances where the
child and the parents are separated sometimes against their will are those which
flow
from the consequences of the child’s unlawful behaviour or
unacceptable behaviour. Under the provisions of the Juveniles Act
(cap. 168,
sect. 24), when the child is convicted of a criminal offence he or she may be
sentenced to be kept in a place of safety.
Even before he or she is tried, bail
may be refused, depending on the nature of the offence, and the child forced to
remain in police
custody.
2. Participation of interested parties in proceedings
174. Under the civil and criminal procedural
rules of the laws of Saint Vincent and the Grenadines, cases which relate
to the separation
of a child from his or her parents would normally only include
probation officers as interested parties. These persons would be
there to guide
the court with whatever information required in order to give effect to the
principle that the paramount consideration
is the best interest of the child.
Apart from their participation, which is usually called upon by the courts,
there is no other
provision for interested parties to participate. In certain
instances, such as in a custody application under the Law of Minors
Act, (cap.
169, sect. 12), the minor may apply on his own.
3. Right of Access
175. The Law of Minors (cap. 169, sect. 15)
provides that the court is entitled to make an order regarding the right of
access to
the minor of his father or mother in cases where it makes either the
mother or father the sole guardian of the minor. There is no
specific provision
for allowing a parent or guardian the right of access while the child is at an
approved school. It is recommended
that the law be amended to allow for such
visitation rights. Most provisions refer to the rights of the parents to
determine the
religious instruction of the child while he is in the custody of
an approved school. The court may also make an order under the
Law of Minors
Act, on an application by a grandparent of the minor, requiring access to the
minor to be given to the grandparent
as the court thinks fit (sect. 24)
4. Information on the location of relatives separated from the child by the State
176. There is no legislative requirement that
information be provided to the child on the location of a parent who is
separated from
a child by the State through detention, imprisonment, exile, etc.
or vice versa. Neither is there any legal impediment to this information
being
conveyed to the child. There are, however, administrative procedures which
would frustrate the child getting that information.
It is normally the case
that adult relatives of the child would be
able to acquire that information through diligent inquiry. In
Saint Vincent and the Grenadines, the facilities for holding persons
in
detention are easily accessible and therefore normally persons are able to
inquire as to the identity of those who are detained.
D. Family reunification (art. 10)
177. In Saint Vincent and the Grenadines
the Immigration (Restriction) Act (cap. 78) is defined as an act to impose
restrictions on
immigration. That law establishes the process by which persons
who do not belong to Saint Vincent and the Grenadines are allowed
to enter
and remain in the country. Persons who belong to Saint Vincent and the
Grenadines are defined as citizens of Saint Vincent
and the Grenadines and
their wives and children, as well as Commonwealth citizens who have been
domiciled in the country for at least
seven years and their wives and children.
The wife and children of such a person can enter once their identity is
ascertained. All
others are classed as prohibited immigrants but are allowed to
seek a temporary permit to enter or may take up residence after applying
for and
being issued a residence permit.
178. There are no special provisions for
family reunification. Children are entitled to leave the State at will once the
necessary
travel documents are in order. This includes the travel documents for
the country they intend to visit. In the case of those children
who have
parents in the United States or Canada, the airlines with which they will travel
usually will not honour their ticket or
allow them to board the aircraft if they
do not have a valid visa to enter those countries. The immigration authorities
also request
information on the documentation for the country which is the final
destination. Persons who do not belong to Saint Vincent and
the Grenadines
are allowed to leave to return to their own country once their travel documents
are in order. Such persons are also
liable to be deported back to their own
country in certain circumstances.
179. Where the custody of a child has
been granted by the court to a person under the Law of Minors Act (cap. 169,
sect. 22), the
court may, while the order is in force, restrict the removal of
the child from Saint Vincent and the Grenadines, even if it is for
reunification with the family.
E. Recovery of maintenance for the child (art. 27, para. 4)
1. Legislative provisions
180. There are several
legislative enactments which address the issue of maintenance of the child who
is below the age of 18 years
and some which enable the child to continue
receiving maintenance payments even after the age of 18 years. This section
describes
the legislative measures in place to ensure that the child is
maintained.
181. The Adoption Act (cap. 163). Instead of making an
adoption order, the court may give custody of the child to the applicant for
a
period of up to two years. The court may make provision for the maintenance and
education and supervision of the welfare of the
child (sect. 14). If the
child is born out of wedlock any court order whereby the father of the child has
undertaken to make payments
for the benefit of the child will cease once the
child is adopted. However the father of the child will still be liable for any
arrears (sect. 18). Once a child is adopted, all the rights and obligations of
the parent or guardians of the child with respect
to maintenance are vested in
the adopter (sect. 17).
182. The Juvenile Act (cap. 168). If a Juvenile has
been committed to an approved school or to the care of a fit person, the father,
adopted father, stepfather, mother, adopted mother, stepmother or any person
cohabiting with the mother of the juvenile is responsible
for making a
contribution to the maintenance of the juvenile (sect. 40). If an affiliation
order for his maintenance is in force,
the court can also order the payments to
be made to the approved school or to the person in whose charge the court has
placed the
child (sect. 42).
183. The Law of Minors Act (cap. 169). This
law provides that the court can make orders for custody and maintenance of a
minor, who
is defined as a person under the age of 18 years. In the case where
custody is awarded to one parent, the other parent is still
liable to maintain
the child (sect. 12). If custody is awarded to a guardian, to the exclusion of
either parent, then the parents
can be ordered to pay maintenance to the
guardian for the upkeep of the child. The maintenance orders made under this
Act can be
in effect until the child attains the age of 18 years,
unless the minor is attending an educational institution or undergoing training
for a trade (sect. 17). The court, in exercising its powers, should take
into account the income, earning capacity, property and
other financial
resources of the parents, the financial needs and obligations of the parents,
the financial needs of the minor and
the physical or mental disability of the
minor (sect. 18).
184. The Maintenance Act (cap. 171). This Act contains
most of the provisions relating to the maintenance of children, born in or
out
of wedlock, and any child who has been treated as a child of the family of the
person against whom an order is sought by reason
of having been maintained by or
living with that person. It establishes the separate responsibility of various
categories of persons
to maintain their children. These persons include men,
married women and single women (sect. 3). It establishes the class of persons
who may apply to the court for maintenance on behalf of a child and it also
authorizes the court to make orders for financial provision
based on the
applications it receives. These payments may be made in a lump sum or
periodically (sect. 5). It also establishes
the factors which the court
will take into account in determining the measure of maintenance and sets
the age of 18 as the normal
age limit for a child to receive maintenance, unless
the child is attending an educational establishment after the age of 18
(sect.
7). The law provides for investigation to be made into the means of
the parties to the proceedings and for a report to be submitted
to the court.
The provisions of this Act apply to a child born out of wedlock.
185. The
Matrimonial Causes Act (cap. 176) establishes the manner in which financial
relief and maintenance are granted to the children
of the family during the
marriage or consequent upon judicial separation or divorce. It establishes that
no decree of divorce or
nullity of marriage or decree of judicial separation
shall be made unless satisfactory arrangements have been made for the welfare
of
all the children of the family. Welfare includes financial provision (sect. 64)
for the children of the marriage or any child
who has been treated by both the
parties as a child of their family. The child is entitled to maintenance if he
or she is under
16 or is attending some educational or training establishment.
The Act also provides that where persons living in Saint Vincent
and the
Grenadines have been divorced overseas such persons may still apply under the
laws of Saint Vincent and the Grenadines for
maintenance to be made in
respect of children of the family.
186. Under the Pensions Act (cap.
204), if a public officer becomes bankrupt, his children may be eligible to
receive maintenance
payments (sect.14) since his pension payments would be
withheld from the bankrupt person. Similarly if a public officer dies on
duty,
his children would be entitled to receive pension payments until they reach the
age of 18 years. The law states that this
benefit would not be paid to more
than six children of the deceased. Stepchildren, children born out of wedlock
and adopted children
can claim this benefit.
2. The enforcement of maintenance orders
187. The enforcement of maintenance orders is an
area where some difficulty exists in implementing the laws made to further the
interests
and welfare of children. The legislative provisions which address the
enforcement of maintenance orders and will be outlined below.
188. The
Maintenance Orders (Reciprocal Enforcement) Act provides that where a
maintenance order is made by a court in Saint Vincent
and the Grenadines
the order may be sent to a reciprocating country for enforcement. Problems
relating to cost and difficulties
in locating delinquent parents frustrate the
intent of the legislation. It would be useful if a reciprocal agreement could
be entered
into with the United States of America and Canada since many
delinquent parents from Saint Vincent and the Grenadines are living
in
those countries.
189. The Family Court Act establishes a court which
provides the machinery for such payments to be collected and paid to the
applicants
once the orders have been made under the various
Acts.
190. The difficulty with collecting maintenance is that often the
fathers cannot be found or they claim to have many children for
whom they are
responsible. They often request the court to limit the amount of money they pay
for each child. In other circumstances,
the father claims to be unemployed and
therefore resists the court’s attempts to have him pay any monies on a
regular basis.
191. The reality is that the economic situation of a
particular person can present a realistic impediment to the recovery of
maintenance.
Often the father starts paying and then falls into arrears and has
to be summoned before the court again. The Family Court only
has two bailiffs,
who have to cover all the overdue arrears claims in the country, as well as
serve summonses for new claimants.
This sometimes results in delay. The
frustration caused by this ongoing exercise often leads to the abandonment of
any quest for
maintenance. The Family Court has in the past been known to order
prison sentences for defaulting fathers who are seriously in arrears.
The
limitations of the Family Court have been addressed in section 2
above.
192. The Law of Minors Act (cap. 169, sect. 21). Under this Law,
any person who has been ordered by the Court to make maintenance
payments for a
child must give notice of any change of address to the person in whose custody
the child actually is or be liable
for committing an offence. The orders for
maintenance made under the Law of Minors Act are enforceable in the same manner
as those
maintenance payments made under the Maintenance Act.
193. The Maintenance Act also makes provision for the enforcement of orders
made thereunder. The Law allows a woman who is pregnant
or within 12 months
after the birth of the child to apply for maintenance from the father. Once the
maintenance order is made by
the Family Court and there are seven days arrears,
the court can issue a warrant against his property or send him to prison for
nonpayment.
The court will not send him to prison if he can prove that the
reasons for his failure to pay were neither wilful neglect nor
refusal.
194. The Matrimonial Causes Act (cap. 176) addresses maintenance
in relation to a marriage and provides that on the granting of a
decree of
divorce, nullity or judicial separation the High Court may make an order for
sale of any property belonging to a party
to the marriage to satisfy any order
for maintenance payments to children made by the court (sect. 33). The High
Court can also
order that any party to the marriage should transfer property to
any child of the family or to such person as may be specified in
the order for
the benefit of such a child (sect. 32). If the Court discovers that the party
against whom a maintenance order is
made transferred title to his property
within three years of the maintenance order being made, intending to avoid
paying maintenance,
then the court can revoke the sale or gift of the property
(sect. 47).
F. Children deprived of a family environment (art. 20)
195. Children are deprived of a family
environment if they have been removed from or separated from the family in which
they were
reared. In such situations, the Social Welfare Division in the
Ministry of Housing has the responsibility to address the needs of
these
children. Children are sometimes left at the office of the Social Welfare
Division or at the public hospital or other places.
These children then become
the responsibility of the Social Welfare Division, which has to ensure that
adequate placement is made
for them.
196. The Social Welfare Division is
seriously constrained by the lack of a government home for abandoned or abused
children under
the age of 18 years. Some of the provisions of the Juveniles
Act, for example, cannot be effectively implemented because of the
absence of a
place of safety where juveniles can be housed. This is a particular difficulty
since juveniles who are remanded sometimes
have to be placed with adults in jail
or kept in a police station waiting room, as the only place available.
197. The options available to the Social Welfare Division are either to
place the children in foster care, put the children up for
adoption or request
placement for them at an institution such as the Saint Benedict’s
Children’s Hospital or the Liberty
Lodge Training Center. As alluded to
earlier, these facilities are insufficient to meet the needs of children
requiring alternative
care. The result of this is that serious cases of abuse or
neglect cannot always be addressed. Foster care thus offers the most
practical
arrangement.
198. At present in Saint Vincent and the Grenadines
there is no legal framework for foster care. Children can be legally removed
from the care of their parents or guardians under the provisions of the
Juveniles Act, the Law of Minors Act (sect. 13 b) the Maintenance
Act
(sect. 9 (3)) or the Criminal Code (sect. 143), but, except in the
case of the Juveniles Act, the laws mainly speak of granting
the legal custody
of the child to another legal guardian. If the child is abandoned or if there
is no parent or guardian, for example
because of death, then any person can
apply to be the guardian of the minor under the Law of Minors Act (sect. 8).
199. The Juveniles Act empowers the Juvenile Court to have the juvenile
committed to the care of any fit person, whether a relative
or not (sect. 12).
This would seem to give some basis for a fostering arrangement, however, the law
goes on to state that the person
to whose care a juvenile is committed by an
order made under this Act shall, while the order is in force, have the same
rights and
powers, and be subject to the same liabilities, in respect of the
juvenile’s maintenance as if he were his parent, and the
juvenile so
committed shall continue in his care notwithstanding any claim by a parent or
other person (sect. 37).
200. This clearly envisages a more binding
arrangement than the concept of fostering, which in practice includes only some
of the
parental rights and hinges on what may turn out to be a temporary
arrangement for reward or of a voluntary nature. This Act also
speaks of
committing a juvenile to “a place of safety”, which is defined as
any place appointed by the Governor General
under the Act. By “place of
safety” is envisaged some type of formal institution.
201. Given
the importance of fostering as one of the options available to those authorities
in charge of making alternative arrangements
for the care and protection of
children separated from their parents, the issue of the legal basis of fostering
and any concomitant
rights and responsibilities attached thereto needs to be
thoroughly examined.
202. The Social Welfare Division seeks to add to
its pool of foster parents on an ongoing basis. Foster parents are paid $150
per
month, per child. This is seen as an incentive to some persons to become
involved in fostering; the Social Welfare Division has
to screen such families
in order to ensure that the most suitable families are selected. The criteria
for selecting such a family
is dependent on the judgement of the social welfare
officers. There are no written administrative criteria for selecting foster
families, nor are there written administrative guidelines for foster parents to
be monitored when they are fostering children.
203. The Social Welfare
Division makes checks at schools and visits the homes where the children are
being fostered in order to ensure
that adequate care is being provided to the
children. The need to make such checks places some strain on the limited number
of probation
officers in the system, as these six officers have a wide range of
other responsibilities to cover. There also have been in recent
times other
constraints. Some children, particularly those at a very young age who are
victims of sexual abuse, have been found
to be HIV positive. It is recommended
that the issue of the fostering of HIV positive children be seriously addressed
as an issue
requiring urgent attention. Others, such as teenagers or
adolescents, have been highly exposed and have been exhibiting inappropriate
sexual behaviour for their age. Finding foster care for these children has
reportedly been difficult.
204. Nonetheless, the Social Welfare Division
has been managing to do commendable work in this area, given the resource
constraints.
This has involved encouraging members of the public to undertake
voluntary fostering, as well as ensuring that as many urgent cases
as possible
receive attention. Through the public assistance programme, foster parents
receive additional resources for the child,
such as transportation money,
schoolbooks, uniforms and other available forms of assistance.
205. The Social Welfare Division makes counselling available to those foster
parents who need this service for the children in their
care. It works closely
with Marion House to provide additional counselling. The Social Welfare
Division also offers training in
parenting skills for foster parents or persons
interested in fostering.
G. Adoption (art. 21)
1. Authorization by the competent authorities
206. In the area of
adoption, the laws and practice of Saint Vincent and the Grenadines are
well within the requirements of the Convention.
The legal framework for
adoption is laid down by the Adoptions Act (cap. 163).
207. The law
establishes an Adoption Board which is constituted of seven members, three of
whom shall be district magistrates and
four persons appointed by the Governor
General (sect. 3) and whose term of office is for two years. The law does not
speak of automatic
renewal of this appointment, but it does enable it to be
revoked before the completion of the term. At present the Board is functioning
with four members. These are the Social Welfare Officer, who acts as Secretary,
the Senior Magistrate, a retired Chief of Police
and a fourth person. This
Board is responsible for “doing such things and making such investigations
concerning the adoption
of children for the consideration of the Court”
and for receiving applications from parents, guardians and adopters (sect.
5).
208. The Board is responsible for interviewing parents who wish to
put their child up for adoption to ensure that they fully understand
the effect
of making an adoption order in respect of their child. The parent or guardian
is required to sign a memorandum verifying
that they understand the effect of
adoption (sect. 8). In some cases the child is removed from the parent for a
temporary period
in order to grant the parent an opportunity to consider the
decision.
209. The Board is also responsible for ensuring that the
necessary investigation of the child and the proposed adopter is carried
out.
The law mandates that for every proposed adoption a case committee should
consider the case and that no child should be delivered
until the adopter has
been interviewed by the case committee or some person on its behalf (sect. 8).
In the case of both the child
and the prospective adopter, a medical report is
mandatory. The Social Welfare Officer first decides if the child is fit for
adoption
after the parent proposes to offer the child up. Where possible, the
premises where it is intended that the child will reside are
inspected.
210. Only the Board can make arrangements for the adoption of a child
and any persons other than the Board who take part in arranging
an adoption are
guilty of an offence and can be fined $8,000.
211. A person is
deemed to make arrangements for the adoption of a child if he, “not being
the parent or guardian enters into
or makes any arrangement for, or for
facilitating, the adoption of the child by any other person, whether the
adoption is effected
or is intended to be effected ... or if he initiates or
takes part in any negotiations of which the purpose or effect is the conclusion
of an agreement or the making of an arrangement therefor” (sect. 4). This
stringent restriction
seeks to ensure that no unauthorized person is involved in the process.
However, it may discourage wellmeaning persons who are interested
in the welfare
of children and who might know of interested or prospective adopters.
212. It might be useful to revisit this provision given the problems
facing children in the State. As article 20 of the Convention
states,
intercountry adoption may be considered an alternative means of childcare. If
the procedures for even finding prospective
adopters are punitive then it might
work against the best interest of children. This, of course has to be balanced
against the aspect
of the Convention which seeks to restrain any improper
financial gain which may result from adoptions.
213. After the process of
investigation is completed and the Adoptions Board has approved the adoption,
the file is sent to the Registry
for the legal application before the High Court
to be made. The High Court is guided by several principles. Firstly, that the
paramount
consideration is that the adoption should be in the best interests of
the child. Secondly, that the parent consents to and understands
the effects of
adoption and, thirdly, that no person has agreed to receive payment or
consideration for the adoption (sect. 16).
2. Intercountry adoptions
214. The majority of children are adopted by
relatives who wish to take them abroad. The Adoption Act specifically grants
the right
to persons not resident in Saint Vincent and the Grenadines to
adopt a child. The applicant does not have to be a Vincentian citizen.
He or
she is required to produce evidence relating to his or her means and any other
matter relating to the safety, interests and
welfare of the child (sect. 12).
If the Board is satisfied that the adoption is for the welfare of the child it
will allow the applicant
to proceed with the adoption. The law even provides
that, in the case of the adoption of a child by a person from overseas, the
court may make such exceptions and dispense with such requirements or
formalities as it deems fit, if it is satisfied that the proposed
adoption for
transfer abroad is for the welfare of the child and that under the circumstances
an expeditious disposal of the matter
is called for (sect. 12).
H. Illicit transfer and nonreturn (art. 11)
215. Existing legislation provides some
protection against kidnapping of children. The Criminal Code (cap. 124, sect.
199) prohibits
the forceful compulsion of any person to go from any place.
Kidnapping is also an offence under the Act and is defined as stealing
and
carrying away any person without his or her consent or the consent of some
person legally authorized to consent on behalf of
that person. This means that
if a child is removed without his or her parents’ consent, that is
kidnapping (sect. 200). There
is also the offence of child abducting, which is
stealing a child under the age of 14 years (sect. 204).
216. Saint Vincent and the Grenadines has not ratified the Hague
Convention on the Civil Aspects of International Child Abduction.
This remains
to be done in order for local legislation to give effect to its
provisions.
I. Abuse and neglect (art. 19), including physical and
psychological
recovery and social reintegration (art. 39)
1. Legislative measures against child abuse
217. Abusive
behaviour towards children is prohibited by various legislative enactments under
the laws of Saint Vincent and the Grenadines,
however in no act or
legislation is child abuse clearly defined. The existing legislation is
outlined below.
218. The Juveniles Act (sect. 8) makes it an offence to
wilfully assault, illtreat, neglect, abandon or expose a juvenile in any manner
likely to cause that juvenile unnecessary suffering or injury to health.
Neglect is defined as failure to provide food, clothing,
rest, medical aid or
lodging. Neglect is also involved in those cases where a child under the age of
three suffocates by disease
or choking while the child is in bed asleep with
someone who was under the influence of drink or drugs. It also includes giving
or selling to any child under the age of 10 any intoxicating liquor and leaving
a child 7 years or younger alone in a room or yard
containing a stove or
fireplace which injures or kills the child. Under this Act, the parent, teacher
or any person having control
of the juvenile is entitled to administer
punishment to him or her, as long as it is reasonable.
219. The Domestic
Violence (Summary Proceedings) Act, 1995 empowers the Family Court to make an
occupation order prohibiting any party
who has abused any child of the family
from continuing to reside in the matrimonial home or any part
thereof.
220. The Criminal Code prohibits killing an unborn child (sect.
171); infanticide (sect. 164); failing to supply the necessities of
life to a
dependent, including a child (sect. 197); abandoning or exposing a child under
two (sect. 198); intercourse with a girl
under 13 (sect. 124); intercourse with
a girl under 15 (sect. 125); incest by a man (sect. 142); incest by a woman
(sect. 144); indecency
with a child (sect. 128); and rape (sect. 123). In
addition, there are other offences which could be committed against children,
as
well as the general population, such as wounding and murder.
2. Administrative measures for the enforcement of
provisions against child abuse
221. The Social Welfare
Division of the Ministry of Housing is charged with the task of responding to
all reports of physical or mental
violence, injury or abuse, neglect or
negligent treatment, maltreatment or exploitation, including sexual abuse of any
child. The
role of the Social Welfare Division has been discussed earlier in
this chapter; however, its administrative responses to reports
of abuse will be
highlighted here. These responses include home visits, referrals to other
agencies, counselling and preparation
of investigative reports for the
courts.
222. The Social Welfare Division can refer the matter to the
police for action at the Family Court level. The limitations and constraints
faced by the Family Court have been discussed in chapter VI, section 2.2. There
are also cases sent by the police to the Social
Welfare Division for
investigation. The relationship between the Social Welfare Division and the
police is critical to the investigation
and pursuance of cases of child abuse.
223. The Social Welfare Division is legally empowered under the Juveniles
Act (cap. 168, sect. 11) to bring before a juvenile court
any juvenile in need
of care or protection. However, it is not empowered to seek a warrant to remove
any juvenile without search
to a place of safety or to search for any juvenile.
Only a police officer may carry out these acts (sect. 10). There is a need
to
review this aspect of the law to examine whether the Social Welfare Division
should not be given some wider legal authority. Such
authority would include the
right to present and prosecute cases in the courts, as well as the power to
remove a child from a parent
in an emergency situation where the child’s
life or wellbeing is in jeopardy. Consideration, in the interim, should be
given
to measures which can be put in place to reduce the length of time taken
for a court order to be made with respect to a child.
224. The Social
Welfare Division has sought to strengthen its relationship with the Police
Department. The Division is involved in
a limited way in the training of police
recruits. However, there may be a need for refresher courses for police
officers or specialized
training for those already on the job in order to
sensitize them to the issues related to child abuse. There may also be a need
for a person trained in social work to be located within the police force in
order to address situations which often crop up in relation
to child abuse.
There is also a need to consider making the reporting of child abuse mandatory
by medical practitioners, school
authorities and other agencies. This could
assist in the documentation of cases of child abuse. The Social Welfare
Division has
established a child abuse register which should also improve
documentation.
225. Counselling is carried out both at the main office of
the Social Welfare Division in Kingstown and in outreach sessions in the
rural
areas. The Ministry of Health also provides a social worker who does
counselling at the Kingstown General Hospital, where
many child abuse cases are
referred for treatment. At the Family Court, a probation officer is always
available to provide counselling
to clients, but the Family Court has recognized
the need for more trained counsellors. There is also a need for further
training
in this and other areas of social work for probation officers within
the Social Welfare Division.
226. Once a case is before the court
investigative reports or home studies are conducted by the probation officers
when requested
by the High Court, the Family Court or any of the
magistrates’ courts. The need for strengthening the support system
available
to families and victims of abuse who must face the public and media
attention has also been recognized.
3. Social and educational measures against child abuse
227. The available statistics indicate that
since 1993 over 200 cases of child abuse, including sexual abuse, physical
abuse, neglect
and abandonment, have been reported. Given that many such cases
go unreported, one can only surmise at the real extent of the problem.
In the
Criminal Assizes at the October 1998 session and at the January 1999 session
almost half the cases before the High Court
were for sexual offences, many of
them involving minors as young as six years old who had been sexually abused.
228. The increasing number of street children, i.e. those who live and
survive on their own, particularly in the urban area of Kingstown,
is a growing
phenomenon. These children, most of whom are boys, are the subject of neglect,
physical abuse and sexual abuse. There
is no programme in place to deal with
their needs.
229. The activities during Child Abuse Prevention Month
serve to highlight some of the issues and to provide some education to the
public on the rights of the child and the measures that should be taken to
prevent child abuse. However, social workers involved
in these types of cases
have indicated that the problem is also caused by deeper issues relating to
changing value systems in the
society whereby money and access to material
comforts are seen as justifiable reasons for encouraging children to become
involved
in abusive behaviour with adults. Some parents have allowed their
children, particularly adolescent girls, to offer sexual favours
to male adults
for payment or other reward in order to improve the economic situation of the
family. These parents or guardians
have sometimes arranged these liaisons
themselves. On the other hand, some adolescents seek out or become involved in
these relationships
independently of their parents’ consent. The economic
deprivation in which many families in Saint Vincent and the Grenadines
find
themselves has reinforced the tendency to look the other way.
230. The
Women’s Affairs Department carries out educational programmes in schools
and communities related to the issue of child
abuse. Marion House and the
Saint Vincent and the Grenadines Human Rights Association are two
nongovernmental agencies that have
conducted educational programmes on child
abuse using various media. The Convention on the Rights of the Child Committee
has also
done work in this area. In addition, churches, preschools,
schools and other institutions sometimes organize talks which provide
information to students and parents on child abuse. A Juvenile Youth Commission
was established in 1995 and
some 20 counsellors were trained. This
commission has since become dormant, although the need for such a programme
still remains
important.
231. Despite all these efforts, much more
remains to be done in order to make an inroad into the problem of child abuse
and to reverse
existing trends.
232. The Social Welfare Division, the
Ministry of Health, through its outreach at clinics and hospitals, and the
Police Department
are regularly confronted with incidents of child
abuse. In addition, other cases are discovered by school principals
in schools
and by other nongovernmental service agencies which have direct
contact with children. A coordinated approach to child abuse education
and an
administrative response which goes beyond the activities of the Child Abuse
Prevention Month needs to be developed by all
parties concerned. There should
be a comprehensive review of the responses to child abuse which should lead
to
a 5 to 10year action plan for reducing the incidence of child abuse and
neglect. This review should take on board an examination
of the effectiveness
of all the other aspects of childcare, including fostering, adoption and
institutional care. This is recommended
as a task for the Convention on the
Rights of the Child Committee, having as it does representatives from all these
interested agencies
and ministries.
J. Periodic review of placement (art. 25)
233. The Laws of Saint Vincent and the
Grenadines provide for periodic review of children who have been placed in the
custody of any
person, including a parent or a “fit person”, and the
court is entitled to vary the order at any time on its own motion
or on the
application of any person. In addition, the Juveniles Act (cap. 168) provides
for the court to make an order placing a
child who is in need of care and
protection in the custody of a fit person or of his parent. The court may also
place him or her
under the supervision of a probation officer for up to three
years (sect. 12). During this time, the probation officer is obliged
to visit,
advise and befriend the juvenile and at any time the juvenile can be brought
before the court for his or her situation
to be reviewed (sect. 20). Apart from
that, there is provision for the court to make an interim order for 30 days
and it can continue
making the interim order for a total of 90 days.
234. Whilst the legislation provides for the court to make an order
to send a juvenile to an approved school for specified periods,
it makes no
provision for periodic review of such placement. However, within the Approved
School Rules, drawn up subsidiary to the
Juveniles Act, rule 29 provides for
periodic review of a juvenile’s progress to enable the juvenile to be
placed out on licence.
235. A child who is confined for treatment of his
or her mental health in the mental health hospital is subject to periodic review
of his or her progress.
236. The Matrimonial Causes Act, the Law of
Minors Act and the Maintenance Act also contain provisions enabling the courts
to place
a child in the custody of a person who may or may not be the parent.
All these Acts make provisions for the courts to vary or revoke
the orders on
application or by the court’s own motion. This would enable periodic
review of the situation of the child to
take place.
K. Physical and psychological recovery and social reintegration
237. Children in Saint Vincent and the
Grenadines have not been exposed to armed conflict. There have been some
allegations of persons
being exposed to police brutality which could have
amounted to cruel or degrading forms of punishment, but no data exists to
support
these allegations.
L. Concluding comments
238. The issues raised in this section present a
great deal of concern to the authorities and agencies seeking to promote the
healthy
development of children in the State of Saint Vincent and the
Grenadines. The main priorities for action that have been identified
are the
need for legislative reform to harmonize the existing laws and address the gaps
identified. Another priority should be the
strengthening of documentation,
particularly data collection, on all issues relating to children which are
addressed in this chapter.
239. It is recommended that there be developed a coordinated approach to
child abuse education and the administration of alternative
care, since there
are overlapping responsibilities between the courts, the Social Welfare
Division, the police and the health authorities.
A comprehensive review of the
responses to child abuse and neglect should examine the effectiveness of all the
other aspects of
childcare, including fostering, adoption and institutional
care, and should lead to a 5 to 10year action plan to address the problem.
This
is recommended as a task for the Committee on the Rights of the Child, having as
it does representatives from all the interested
agencies and
ministries.
240. In addition to the above, some specific recommendations
are being made, including:
The establishment of a residential facility for adolescent girls at risk; the
continued development of juvenile delinquency prevention
programmes is also
recommended;
The fostering of HIV positive children should be seriously addressed as an
issue requiring urgent attention;
The provision of more bailiffs to the Family Court in order to improve the
effectiveness of the enforcement of maintenance orders;
The amendment of the Maintenance Act and the Family Court Act to allow the
court to attach salaries of persons who are ordered to
pay maintenance;
The establishment of a halfway house for displaced or abandoned
children;
The restructuring of the Social Services Division to focus separately on
family services and probation services;
The revision of the Adoption Act and the existing administrative arrangements
for adoptions, to ensure that the provisions of the
Convention are being
met;
The revival of the Juvenile Youth Commission.
241. As part of its
annual recurrent expenditure, the Government provides a subvention to support
the work of the Association of Social
Workers. This is a nongovernmental body
made up of persons employed in the field of social work and it addresses issues
pertinent
to the strengthening of the quality of social work in the State. The
Government also provides a small subvention of $8,000 to the
St. Benedicts
Children’s Hospital under its recurrent health expenditure.
VII. BASIC HEALTH AND WELFARE
A. Survival and development (art. 6, para. 2)
242. The programmes and
policies of the Government in the areas of health, education and social welfare,
as discussed in this report,
are all geared towards ensuring, to the maximum
extent possible, the survival and development of the child. It is hoped that
the services available for child development will improve
in order for more
children in the State of Saint Vincent and the Grenadines to
survive.
243. The expenditure of the Government on health care for the
past five years has averaged approximately 14 per cent of the total
recurrent
expenditure and is second to education in the context of the entire social
sector spending. Emphasis has been placed on
reducing the rate of child
mortality and this has been accomplished through immunization programmes, an
ongoing education programme
for mothers on nutrition and childcare, and the
range of healthcare services available at the Kingstown General Hospital and the
health centres located in the rural areas.
244. The Government also seeks
to support the work of NGOs which contribute to the welfare and survival of
children by providing them
with financial and other assistance where
possible.
B. Disabled children (art. 23)
1. Services for children with a disability
245. Whilst there is no
legal framework or policy which specifically addresses the needs of persons with
physical disability, the
Mental Health Act (cap. 228) provides for the
management of persons with mental health problems. In this Act, however, there
is
no focus on the special needs of children with mental disabilities. The
limitation of the mental health services for children is
recognized by the
Ministry of Health. World Mental Health Day in 1997 was observed under the
theme “Your child has mental
needs too” and radio and television
programmes were conducted to observe the day.
246. The need for attention
to be paid to the mental health of children is further underscored by the
fact that drug related admission
to the Mental Health Hospital has been the
major reason for over 40 per cent of the total admissions for the period
19931997 although
it had declined from 70 per cent in 1991. The young male
continues to be the predominant victim. A knowledge, attitude and practice
survey carried out among a student population by CAREC in 1993, revealed
that 86 per cent of them had used alcohol, 12 per cent had
used marijuana
and 1.2 per cent of them had experimented with
cocaine.[1]
247. The
response of the Government of Saint Vincent and the Grenadines to children
with disabilities has been to seek to provide
educational opportunities for
them, as well as to provide healthcare services free of charge. There are at
present three fulltime
institutions in the country for children with special
needs. They are located at Georgetown, Bequia and Kingstown. There is also
a
preschool located on the Leeward side of the island at Questelles which
integrates training for the handicapped with its regular
children. These
schools for children with special needs are administered by the Ministry of
Education, with the exception of the
preschool at Questelles, which is a private
institution.
248. As at September 1997, 108 children were attending the three
governmentrun schools for children with special needs. The Government
provided
EC$ 429,651 for the maintenance and management of these schools in 1997 and
approved EC$ 502,137 for the maintenance and
management of these schools in the
1998 budget estimates. The actual spending on education in 1996 was EC$
34,394,680 and the estimates
for 1997 and 1998 were EC$ 39,462,870 and EC$
42,372,951 respectively. In effect, the spending on the education of children
with
special needs amounts to a little over 1 per cent of the total spending on
education. There needs to be an assessment or survey
of children with
disabilities in order to make a case for more government spending to be
allocated to meeting their needs in education
and other areas. The
establishment of a national register of children with disabilities should be
undertaken.
249. The schools for children with special needs cater for
children in seven disability groups: mentally retarded, physically handicapped,
hearing impaired, emotionally disturbed, learning disabled, speech disabled and
multiply handicapped. The schools introduce the
children to some technical and
vocational skills in keeping with their capacity to learn. It is hoped that the
skills will contribute
to the children becoming more independent in the future.
However, there should be more linkages created with the private sector
to enable
disabled children to be placed in some employment suitable for their
skills.
250. There are a number of children whose educational needs
cannot be met by the School for Children with Special Needs. These include
children with such serious retardation or physical disabilities that they
require nursing care of some sort. The School for Children
with Special Needs
is a daycare and not a residential facility. However, whilst it does not make
provision for a healthcare professional
to be onsite to meet the health needs of
the children who attend the facilities the school has fully incorporated a
healthcare component
in its programme. All students must be fully immunized and
follow a regimen of regular checkups.
251. Despite those constraints,
there are some positive signs that the situation of children with disabilities
is improving. The
management and staff of the School for Children with Special
Needs is supported from time to time by private organizations in special
fundraising activities to improve the services that it offers. The healthcare
needs of those disabled children at the school and
those who are not able to
attend the facility are attended to by the health professionals in the community
healthcare programme and
this service is free of cost.
252. Healthcare
professionals working with the Ministry of Health make regular visits to homes
where there are disabled persons, provide
them with medical checkups and give
ongoing advice to the persons responsible for caring for such persons. In the
past the Ministry
of Health has provided the service of a professional trained
in physiotherapy and occupational therapy to improve the rehabilitation
of
disabled children. The Ministry of Education provides training opportunities
for special education teachers who are to serve
in the schools for special
needs, but there is the need for the teachers at the Teacher Training College to
be trained to recognize
when children have learning disabilities. The Ministry
of Education has developed a new curriculum which includes training for
preschool
teachers in identifying children with disabilities. The preschool
teachers, who are trained by the VINSAVE child development centre,
are
sensitized in this respect and pursue a course in special
education.
253. There needs to be more attention paid to providing
training activities either within the Ministry of Education or the Ministry
of
Health to parents or care givers who are responsible for disabled children.
There is also a need for an ongoing public awareness
and public education
programme to sensitize members of the public on the emotional and physical needs
of children with disabilities,
as well as on the contributions that they can
make to society.
254. The Government should also ensure that adequate
provision is made to facilitate the mobility of disabled children in the State.
There are at present no laws requiring that access ramps and infrastructure be
provided for disabled persons in public buildings.
There is also a need for
more public awareness on the possible causes of certain
disabilities.
255. There still exists a tendency on the part of members
of the public to shun persons with disabilities or for the families of disabled
children to feel ashamed or embarrassed. Given the lack of facilities for such
children, focus is needed on strengthening the home
and community environment.
The issues relating to disability of children need to be addressed and fully
incorporated in the framework
of legislation to better specify the rights and
promote the opportunities of persons with disabilities.
256. In relation
to the work of nongovernmental organizations, the Society of the Blind is an NGO
which is instrumental in assisting
visually impaired persons to adjust to life
without sight. Another NGO, the Association for People with Disabilities, was
formed
in 1997 to respond to some of the needs of disabled persons who are not
able to attend educational institutions. The Association
operates a centre
which provides support to persons who care for disabled persons at home.
VINSAVE also offers daycare facilities
and services for young disabled children
and their parents.
C. Health and health services (art. 24)
257. Health care in Saint Vincent and the
Grenadines is managed by the Ministry of Health and the Environment. The
Ministry administers
one public hospital (the Kingstown General Hospital), 38
health centres, 5 district/rural hospitals and one mental health facility.
The
location throughout the country of these services attempts to ensure that a
health facility is available to the user within
a twomile radius. The
healthcare system, which is divided into nine health districts, is implemented
at two levels, namely, primary
care, which is concerned with prevention and
promotion, and secondary/tertiary care, which is concerned with curative and
rehabilitative
services. Emphasis is placed on primary health care. The five
district hospitals provide a total of 67 beds and 17 cots in the
rural
areas. The three major health problems affecting children in 1997 were
acute respiratory infections, influenza and gastroenteritis.
1. Infant and child mortality
258. The available health data from the Ministry
of Health and the Environment show that the infant mortality rate declined from
14.1
in 1990 to 9.7 in 1993. It rose to 18.6 in 1997. Maternal mortality
remains low. The 1997 data recorded one death for that
year.[2]
2. Primary health care
259. Primary health care for children is
provided mainly through activities in the child health programmes. These
programmes are
delivered by the Ministry of Health and the Environment through
its Community Nursing Service, which is commissioned to provide the
highest
quality primary, secondary and rehabilitative care services to individuals,
families and communities, utilizing the team
approach. They include the
immunization programme. At present Saint Vincent and the Grenadines has a
100 per cent immunization
coverage for DPT, Polio and MMR and 98 per cent
for BCG.[3] In 1997 the
18month booster for DPT and Polio was reintroduced to maintain high immunity.
Under the Immunization of Children Act,
immunization of all children attending
primary school is mandatory.
260. The Community Nursing Service also
offers a School Health Service, run by family nurse practitioners and district
medical officers,
which provides health care to children in schools. A total of
8,648 schoolchildren were examined in 1997 and no evidence of malnutrition
was
recorded. The main health problems were dental caries, impacted Cerumen, Tinea,
skin infections, and Anaemia. This figure represents
an increase of 41 per cent
in the number of pre and primary schoolchildren examined; 2,327 were seen
in 1996.
261. As part of the School Health Service, mental health
education programmes are conducted in selected schools and the projection
is for
these to continue. The Ministry of Health plans to increase the provision of
school health services to 70 per cent of schoolchildren
aged 5
to 12 years and 50 per cent of schoolchildren aged 13 to 15
years.
3. Nutrition and health education
262. Health Education is coordinated by the
Health Education Unit of the Ministry of Health and the Environment. The Unit
conducts
various activities geared to promoting healthy lifestyles among youth.
In this respect, in 1997 it organized youth rallies and established
youth
guidance centres in the country to provide information to young people on family
planning, growth and development and other
issues.
263. Through the
Health Education Unit, family life education is made available to adolescents.
The training includes parent education
training in the areas of human sexuality,
family relationships, drug abuse, child abuse and sexually transmitted
diseases/AIDS/HIV.
This outreach programme, which is targeted at women’s
groups, PTAs, church groups and youth groups is also geared towards
assisting
parents in relating to and dealing with their children.
264. In the area
of nutrition, the Ministry of Health and the Environment seeks to decrease the
incidence of protein energy malnutrition
among children less than five years
old. The nutritional status of children aged 059 months showed, in 1998, a
downward trend for
malnutrition but a gradual increase in the number of obese
children. There was a decline in the rate of malnutrition in this age
group
from 7.4 per cent in 1992 to 6.3 per cent in
1994.[4]
265. The Ministry of Health and the Environment conducts a nutrition support
programme to improve the nutritional status of vulnerable
groups through the
provision of supplementary food baskets and other nutritional supplements. The
Ministry of Health had been administering
a programme financed by the World Food
Programme. However, once the World Food Programme discontinued its support the
Ministry continued
to provide the nutritional supplement.
266. Under the
nutrition support programme, in 1998, 6,633 children at the primary level
and 1,372 children at the preprimary level
were provided supplements. The
expenditure in 1996 on the nutrition support programme by the Ministry of Health
and the Environment
was EC$ 208,095. For 1997 and 1998 the estimates were
EC$ 494,998 and EC$ 503,576
respectively.[5] Concern has
been expressed over the high salt and fat content of some of the meat products
supplied and a pilot project using soya
products has been undertaken in 15
schools.[6] It is recommended
that the school feeding programme be extended to all primary schools in the
State.
267. The nutrition support programme will continue to coordinate
with the Ministry of Education, which is also conducting the school
feeding
programme. In 1996 EC$ 372,536 was spent on the school feeding programme. In
1997, the amount increased to EC$ 823,870.
The figure estimated for 1998 and
1999 is EC$
825,000.[7]
268. The
Health Education Unit also conducts group sessions, supported by food
demonstrations and literature on maternal, infant and
child nutrition
emphasizing ironrich weaning foods. These are conducted at antenatal clinics
and with the PTAs of preschools. Fact
sheets on maternal and child
nutrition are printed and 10 weaning recipes were produced
in 1998.
269. In order to monitor food and nutritional status and
feeding practices in children under five the Ministry intends to collect
data on
obesity and malnourishment in children, whether they are breastfed or receiving
other nutrition.
270. Breastfeeding of infants from birth to the age of
six months continues to be promoted, with preference being given to exclusive
breastfeeding in the first three months of an infant’s life. Exclusive
breastfeeding of infants up to the age of three months
rose from 38.8 per cent
in 1993 to 44.9 per cent in 1994. The Ministry of Health has as its target
the reduction by 50 per cent
of the prevalence of obesity, under
nutrition and anaemia in children from birth to five years of age by the
year 2002.
271. In the area of nutrition, the Government also seeks to
collaborate with and support the work of the Salvation Army, a church
organization which runs a kitchen feeding programme for schoolchildren, as
well as a daycare facility for children. The Salvation
Army is supported by the
public through donations at its Annual Christmas Appeal and it has also received
a government subvention
to support its activities. In 1997, this subvention
amounted to EC$ 22,000. Other nongovernmental organizations which provide
nutrition
to children are the Roman Catholic Church through its soup
kitchen and the YWCA through its feeding programme.
4. Prenatal and postnatal health care
272. Prenatal and postnatal care is offered as
part of the Community Nursing Service. At its clinics patients are screened for
VDRL
and encouraged to be tested for HIV. The antenatal clinics monitor the
nutrition of the mother and seek to identify any emerging
problems with the
pregnancy. At the postnatal clinics patients are also tested for cervical
cancer through Pap smears, in order
to detect cases for early
treatment.
273. As a result of the growing incidence of AIDS/HIV in the
country, the Ministry of Health and the Environment is seeking to control
the
mothertochild transmission of the virus. In 1998, it instituted a programme
whereby mothers who are pregnant are tested for
the virus with their consent and
those mothers who are HIV positive are given free drugs to attempt to counteract
the effect of the
virus on the child. This is supported also by a followup
programme in the postnatal period to provide economic assistance to the
HIV
positive mother, who should not breastfeed.
274. Of concern to the
authorities is the continuing trend for teenage pregnancies to be on the
increase. In the period 19911995,
births to mothers between the ages of 10 and
19 accounted for approximately 20 per cent of all
births.[8] The Ministry of
Health considers that continuing programmes targeting this age group is
imperative. Although teenage pregnancies
are considered by the Ministry to fall
within the high risk area, there have not been any incidents of maternal deaths
arising therefrom.
Contraceptives are provided to mothers on request when they
attend postnatal clinics.
5. Environmental health
275. The Ministry of Health, through its
Environmental Health Division, is responsible for the implementation of the
Public Health
Act, which addresses all aspects of public health. It is
therefore responsible for the disposal of solid and liquid waste, as well
as the
general control of pollution and some aspects of communicable diseases. The
disposal of solid waste is now the focus of a
solid waste management project
which is charged with seeking solutions for the ongoing problem of solid waste
management.
276. The Central Water and Sewerage Authority (CWSA), a
statutory body established by the Government of Saint Vincent and the
Grenadines
which falls under the Ministry of Health and the Environment is
responsible for providing potable water to homes in Saint Vincent
and the
Grenadines. The Ministry of Health, through its environmental health officers,
conducts testing to ensure that water quality
is satisfactory. Ninetyfive per
cent of the tests conducted in 1997 were satisfactory.
277. Drinking
water is accessible to most homes in Saint Vincent and the Grenadines
through the services of the CWSA. Eightyeight
per cent of households in the
State have access to clean potable water either piped directly into their homes
or provided from public
standpipes. Thirtythree per cent of the population have
access to a water closet (WC) connected to sewer mains, cesspit or septic
tank
and 62 per cent use a pit
latrine.[9]
278. Of
concern, however is the condition of toilet facilities in schools. There is the
need for close collaboration between the
Ministry of Education and the Ministry
of Health to ensure that these facilities are properly maintained in order to
avoid the spread
of infectious diseases.
6. Family planning education and services
279. In Saint Vincent and the Grenadines,
family planning education and services are provided by the Ministry of Health
and the Environment,
the Ministry of Education and the Saint Vincent and
the Grenadines Planned Parenthood Association (SVGPPA), an NGO whose programmes
are exclusively geared towards this area.
280. The Ministry of Health
provides family planning education and services through its family planning
programme. This programme
supplies contraceptives for distribution to all
clinics and health centres. It also provides testing services for
prostate/cervical
cancer, as well as educational services to adolescents and
youths.
281. In providing family life education training to young people,
the programme seeks to target outofschool youths and assists them
with skills
training as well. The public education programme includes the production of
radio and television programmes, as well
as the printing and dissemination of
educational materials to the public. Promotional activity has included the
production of banners,
billboards, Tshirts, posters and videos on specific
themes such as AIDS and child abuse. The Unit seeks to identify specific
highrisk
periods, such as Carnival, to promote messages relating to AIDS or
teenage pregnancy.
282. In addition to the above, the Ministry conducts
an HIV/STD/AIDS prevention programme, which includes activities targeting
schoolchildren
and adolescents. The incidence of HIV infection has become an
increasing concern in the country. There is an HIV incidence rate
of 53.8, AIDS
26.01 and a fatality ratio of 110.34 in 1997. The first AIDS case was recorded
in Saint Vincent and the Grenadines
in 1984. By 1997, one hundred and
eightyeight (303) persons had tested positive for HIV, there were 133 AIDS
patients and 132 persons
had died of AIDS. Males are mainly affected and the
deaths occur in the 2035 age group. AIDS/HIV ranked fifth in the list of the
top 10 communicable diseases which affected the population in
1997.[10]
283. The
SVGPPA provides information and education on AIDS and STDs. It also provides
family planning and family life education and
counselling services to young
people. It provides contraceptives and related services through its
communitybased programmes and
its family planning clinic. As part of its
outreach programme, the SVGPPA provides counselling to students in primary and
secondary
schools and the Teachers Training College. It also conducts training
in peer counselling for young people. The work of the SVGPPA
is supported by a
subvention from the Government.
284. The SVGPPA has initiated since 1998
the Heal Saint Vincent project, which is recognized and supported by the
Ministry of Health
and the Environment. The objectives of the project are to
increase the knowledge level within the 1544 age group in relation to
HIV/STD
prevention, family planning and healthy lifestyles; to increase the safer sex
practices in the
sexually active population and to increase the knowledge
level as well as the quality of
information disseminated to the public by healthcare providers and educators
in each health district. Fiftytwo educators will be
recruited throughout the
island to carry out public education work. Financial support for the project is
received from the International
Planned Parenthood Federation and is expected to
last for a period of three years.
285. Other government ministries which
support programmes in the area of family life education, which involves family
planning, are
the Ministry of Housing through the Youth Department’s
outreach and the Women’s Affairs Department in the Ministry of
Education
and Culture. The Ministry of Education also has included health and family life
education in the curriculum of all primary
schools.
7. Regional and international cooperation in the area of health
286. The Ministry of Health and the Environment
has sought to build links and encourage cooperation with regional and
international
organizations in the field of health. At the regional level the
Ministry collaborates with the Caribbean Food and Nutrition Institute
(CFNI) to
assist the Ministry in the training of health personnel in areas related to food
and nutrition. It also works with the
Caribbean Regional Epidemiology Centre
(CAREC), which provides services to the region in the area of epidemiology, such
as testing
for HIV.
287. At the international level, the Ministry has
collaborated with the Pan American Health Organization (PAHO) to access
technical
support for the training of health personnel and for evaluations to be
carried out of existing health services. Through PAHO, the
Ministry is also
able to purchase vaccines at bulk prices and this has greatly aided the
immunization programme. The World Health
Organization (WHO), UNICEF and the
World Food Programme (WFP) have provided support to the nutrition programme,
although WFP support
ended in 1996.
8. Legislative provisions
288. The legislation governing health services
is contained in the Mental Health Act (cap. 228), the Family Nurse
Practitioners Act,
1997, the Medical Officers Act (cap. 226), the Nurses,
Midwives and Nursing Assistants Act (cap. 269) and the Medical Registration Act
(cap. 227). These Acts relate to the regulation of certain health
professionals and do not contain any specific provisions relating
to children.
The Public Health Act (cap. 232), and the Immunisation of Children Act (cap.
224) have been discussed above in relation
to the CRC. The Penicillin
(Control) Act (cap. 230) seeks to control the acquisition and disposal of
penicillin. Similarly, the
Sulphonamides Act (cap. 234) seeks to control sulpha
drugs.
D. Social security and childcare services and facilities (arts. 26 and 18, para. 3)
1. Social security
289. The National
Insurance Scheme is a social security scheme established by the National
Insurance Act (cap. 229). It provides
sickness, maternity, invalidity,
retirement, death benefit and employment injury compensation. Persons who
benefit should be employed
and contribute
to the scheme. The children of
such contributors are entitled to the payment of Survivors’
Benefit by the National Insurance Scheme in the event of the death of the
insured person or Death Benefit if the insured person dies
as the result of an
injury sustained at his place of employment.
2. Childcare services for employed persons
290. The first crèche in the country was
organized by the Infant Welfare League in the 1940s.
291. The main
organization which focused on preschool education in the country prior
to 1993 was CANSAVE. Its successor organization,
VINSAVE, has maintained
this role and has focused on the training of teachers. VINSAVE provides
training to preschool teachers on
an ongoing basis and has done so for the past
30 years with support from UNICEF, the Community Development Division in the
Ministry
of Housing, the British Save the Children Fund and CANSAVE. In 1997,
the Government approved a substantial grant of STABEX funds
to VINSAVE for the
training of preschool teachers.
292. The PreSchool Services Committee, an
umbrella organization institutionalized by the PreSchool Services Committee
(Incorporation)
Act, 1995, also makes a contribution to the sector. The
Committee has, since 1984, focused on organizing the annual activities for
Child
Month, which is celebrated in May.
293. There are over 100 preschools in
the State. All of these are privately owned and managed since the Government
has no preschools
of its own. Between 19961998, the Ministry of Education
provided an annual subvention to preschools of EC$ 22,000. A similar sum
is
earmarked for 1999. A further sum of EC$ 5,000 has been budgeted annually for
infant and nursery education over the same period.
294. The preschools
are mainly supported by payment of fees by parents and by fundraising efforts of
PTAs. The preschools are not
regulated by the Government and there is a wide
difference in standards, both in terms of the level of staff and other
conditions.
295. Access to preschool services by working parents is
dependent on their ability to pay the fees charged. These fees range from
EC$
30 to as high as EC$ 300 a month. Some preschools offer meals and others
request parents to send a snack. The distribution
of preschools is quite wide
since the establishment of a preschool is not dependent on any particular
training or other prerequisite
but merely on the inclination to set up a
facility in some available space.
296. The Ministry of Education is
moving to correct this situation. The Ministry has appointed an Education
Officer for Early Childhood
Education who is working to improve the standards of
preschools islandwide. A curriculum for preschools was completed in 1998 with
technical assistance from a consultant from the Organization for Overseas
Cooperation and Development (OCAD) and support from VINSAVE.
There is the need
for the Ministry of Education to appoint more staff persons to supervise
preschools islandwide.
297. The Ministry is in the process of
establishing standards for preschools through legislation. It has already
developed the criteria
for recognition and registration of preschools. The
Government has in the past expanded its budgetary subvention to preschools.
However, in order to enforce such standards, the Government must be prepared to
contribute more financially to preschools. A precedent
has already been set for
primary schools, whereby the Ministry of Education assists private schools with
the payment of some teachers.
In addition to improving standards, financial
assistance to preschools should also enable the Government to have a say in the
fee
structure set by these schools, to enable employed persons to have greater
access to such services.
298. The Children’s Welfare Fund, a
nonprofit organization established to provide financial support for the work of
daycare
centres for children, has been providing an admirable service to the
community by assisting some preschools in the State. The Fund
is made up of
civic minded persons in the community and is traditionally chaired by the
GovernorGeneral of the day.
E. Standard of living (art. 27, paras. 13)
299. The issue of parental responsibility for
securing the conditions of living necessary for a child’s development has
already
been discussed in section VI.2 and government assistance for the care of
children in chapter VI, section B.2.
300. In the area of housing, as
mentioned in chapter VI, section B.2, the Ministry of Housing provides, through
its public assistance
programme, assistance with building materials for repairs
and maintenance to poor persons in need. This support has enabled some
poor
families to make improvements and additions to their dwelling, thereby enabling
their children to have more comfortable accommodation.
301. The Housing
and Land Development Corporation was established in 1976 to respond to the
country’s housing needs. The Corporation’s
main target groups were
the low and middleincome sectors of the population. The Corporation has not
been functioning effectively
and is now being reviewed. Assistance with housing
is provided through a limited scheme of subsidized housing loans from monies
accessed by the Government. The mortgage finance project is being administered
by the National Commercial Bank. Most of the housing
construction of poor
families is carried out through informal selfhelp mechanisms and government
programmes should seek to build
on this.
F. Concluding comments
302. The work which has been so far carried out
in Saint Vincent and the Grenadines in the area of health and health
services delivery
has contributed to meeting some of the country’s
obligations under the CRC. Whilst more remains to be done, the machinery
and
institutions in place already will be able to ensure that the remaining gaps are
covered. The goals of the Ministry of Health
and the Environment in the Health
Sector Plan for 19992002 indicate that the Ministry has identified the major
weaknesses in its
healthcare delivery service and has some proposed solutions
and action plans to address them. In that context, there is the required
focus
on the health of children from birth to 18 years and this should contribute to
improvement in their standard of health over
the next five years.
303. The same cannot be said for children with disabilities. Major work
remains to be done to review the situation of disabled children
and to develop a
comprehensive strategy for meeting the needs of a greater majority of disabled
children over the next five years.
304. Childcare services for working
parents need to be placed within a proper legal framework to improve the quality
of such care.
This will require the increased input of the Government, as well
as the collaborative efforts of private organizations and agencies
at present
involved in childcare services. The Government will also need to consider
providing more financial assistance in order
to establish and maintain high
standards in such facilities.
VIII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
A. Education, including vocational training and guidance (art. 28)
1. Management of education
305. The
Government’s contribution to education has, over the past five years, been
almost half of the total expenditure on
human and social development (health,
housing and education). In the 1999 budget, for example, of a total of
EC$ 98.6 million slated
for human and social development,
EC$ 46.2 million was approved for education. In that budget, the
Government allocated EC$ 1.3
million to the Ministry of Education for
the establishment of a comprehensive textbook loan scheme, which should commence
from September
1999. This should relieve some parents of the financial burden
of purchasing textbooks. The resources for education in the country,
however,
are still inadequate, since most of the budgetary allocation is spent on
personal emoluments.
306. The Ministry of Education, Women’s
Affairs, Culture and Ecclesiastical Affairs is the ministry directly responsible
for
the overall management of education in the country. The mandate of this
ministry embraces even privately administered institutions
since they must also
operate within the context of policy guidelines set by the ministry. The legal
framework for the delivery of
educational services in the country is provided by
the Education Act, 1992 (Act No. 29 of 1992).
307. The Act
facilitates partnership between the Government and the private sector by
allowing for the development of private schools
totally financed and managed by
private means. It also allows for support from the Government to assisted
secondary schools which
are privately, denominationally or community initiated
and enables a range of initiatives at the postsecondary and adult and continuing
levels to be developed.
308. Partnership in the management of schools is
also fostered by the establishment of school boards. Under the Act there is
provision
for school boards with varying membership and for the establishment of
parent teacher associations as an integral part of the management
and operation
of schools.
309. The Education Act also provides for the establishment of
an Education Advisory Board whose functions include advising the Minister
on all
matters connected with education. The Education Advisory Board is comprised of
18 members, 15 of whom are appointed by their
respective organizations, 2 by the
Minister and 1 ex officio. The work of the Board, which includes conducting
research, holding
meetings and visiting institutions, is financed by the
Government.
310. Education within the country is carried out at the
preprimary, primary, secondary and tertiary levels and the Ministry of Education
is the major provider of services, except at the preprimary level. The Ministry
is responsible for building schools, refurbishing
schools, improving the
physical environment of schools and the teaching/learning
conditions.
311. The Ministry of Education is presently participating at
the regional level in the implementation of the OECS Education Strategy,
which
seeks to harmonize and improve the educational base in the OECS territories. In
this vein, collaboration is continuing with
other regional and international
organizations, such as UNICEF, UNESCO and UWI, to improve the educational
services provided in the
country. Collaboration with the private sector is also
being encouraged, especially in the area of improving the access of schools
to
information technology. The Government has entered into bilateral agreements
with the Republic of China on Taiwan to provide
funding for the computerization
of schools. Monies from STABEX are also being earmarked for the computerization
of secondary schools
and literacy programmes for young adults.
312. In
order to improve the impact of the investments in education, the Ministry is
collaborating with the Department for International
Development (DFID) of the
Government of the United Kingdom, to develop a 10year strategy to guide the
work of the Ministry in all
aspects of education.
2. Primary education
313. Part II of the Education Act states that
there should be primary education which consists of fulltime education, suited
to the
requirements of primary students. The law provides for compulsory
education, however there has not yet been a move to institute
compulsory
education in the country. One of the main difficulties in implementing these
provisions is that there are social and
economic factors which contribute to
nonattendance at school. These include the fact that some parents have
insufficient income
to provide food for the children to take to school or to pay
for transportation.
314. Other difficulties relate to the monitoring of
compulsory education provisions. The Ministry is embarking on enlisting
community
support and a strong parent education programme to increase the
participation rate and the level of enrolment (Peters, 1994). The
Ministry is
also implementing school feeding programmes and transportation subsidies which
seek to improve the participation rate.
Over one third of the primary school
population is receiving a benefit through the school feeding programme, thus
improving the
attendance ratio in the afternoon sessions. Private persons who
intend to import vehicles for transporting schoolchildren will in
future be
allowed tax concessions.
315. The Government still intends to introduce
compulsory education in the future, in keeping with the provisions of the
Education
Ac[t].[11]
At present, 96 per cent of primary schoolage children are enrolled in
schools throughout the State and there is a 90 per cent participation
rate.
316. The availability of primary education is improving in the country.
There are approximately 61 government primary schools and
5 private primary
schools. Total pupil enrolment as at September 1998 was 21,120, including 656
in private schools. Children enter
the primary school system at the age of 4+.
The schools have eight grades. However, after seven years or at approximately
the age
of 10 or 11, students sit the Common Entrance Examination, which
determines whether they will move on to attend secondary school.
Those who do
not pass the Common Entrance Examination pursue a twoyear course at an allage
primary school where they have a chance
of passing a school leaving examination,
and thus a second chance of entering secondary school. Holders of the school
leaving certificate
enter the second year of the fiveyear secondary
programme.
317. Education at government primary schools is free of cost.
To this end, the Government provides for the staffing and operating
expenses of
these schools out of the public revenue. The schools are based on fulltime
attendance. The main constraint faced by
the primary schools is overcrowding
and the Government is seeking to improve the physical facilities at the primary
school level.
318. Most children complete primary school. However, the
data shows that there is a large gap between the percentage of children
who
leave primary school and those who enter secondary school in any one year. The
needs of the children concerned remain a serious
issue for the country.
3. Secondary and vocational education
319. The secondary school system in Saint
Vincent and the Grenadines has two cycles. One is a fiveyear cycle and the
other is a sevenyear
cycle.
320. There are some primary schools called
all age schools because their curriculum includes an extra two years of
education in what
are called the senior classes. The senior classes in an all
age school provide a slower track, at the end of which persons who reach
a
certain standard move to the fiveyear cycle of secondary school. The senior
classes plus secondary school constitute the sevenyear
cycle. The senior
classes are highly stigmatized, although their validity and contribution to the
education system has been proven
over time. The Ministry of Education is
working with the British Department for International Development to improve the
provision
of education at this level and to avert the seeming stigmatization.
321. The Ministry of Education provides secondary education through the
21 secondary schools. The Government provides for the payment
of salaries of
some teachers at the assisted secondary schools and the cost of scholarships
awarded annually to some children entering
these schools, as well as grants to
these schools. In 1998 there were 10 private secondary schools.
322. Access to secondary schools is dependent upon the student’s
attaining an acceptable grade in the Common Entrance Examination.
This has in
practice remained a constraint to students’ entering secondary school
education. In the years 19901995, less
than 50 per cent of students
passed the examination in any one year. In most years, the figure did not rise
higher than 40 per cent
of those who sat the
examinatio[n].[12]
323. The Ministry of Education is proposing to increase the number of
student places in secondary schools in order to reduce the number
of children of
secondary school age currently attending primary schools. A new secondary
school was recently opened in Georgetown,
the second largest town, located on
the Windward side of the island. The problem of meeting the needs of the large
numbers of students
who do not have access to secondary education because they
do not meet the educational requirements will continue to challenge the
Ministry
of Education.
324. The curriculum at the secondary schools is geared
towards preparing students to sit the Caribbean Examinations Council (CXC)
examinations set by the Caribbean Regional Caribbean Examinations Council.
These examinations test the student’s proficiency
in a number of subjects.
Based on the student’s performance, he is able to obtain a place at the
tertiary institution, namely,
the Community College, to continue his education.
Students who perform well are also better placed to enter the job market.
325. The geographical distribution of the secondary schools is island
wide, since eight of them are located in the rural areas. This
reduces the cost
to rural children of attending secondary school. This cost should be further
reduced with the introduction of the
textbook loan scheme by the Ministry of
Education in 1999.
326. One area which is being developed is that of
technical/vocational education. The Government has developed a strategy for
vocational
education whereby vocational facilities are located in such a way
that they can serve a cluster of schools and thus maximize the
use of valuable
equipment and teacher services. There are at present six technical and
vocational schools island wide. These schools
are classed as multipurpose
centres and provide two years of vocational training. Transportation for
students from their various
schools to the multipurpose centres is provided by
the Ministry of Education. The Ministry is developing a plan to open the
centres
in the evening to cater to outof school youth. The centres are
distributed geographically, with four located on the Leeward side
of the island,
one on the Windward side of the island and one in Kingstown. The Ministry is
making provision for the construction
of two more centres in the near future to
service the inland region.
327. One tertiary institution, the Saint
Vincent Technical College, provides vocational training. The programme offered
includes
secretarial training, welding, automechanics, electrical skills,
plumbing and electrical appliance repairing. The student population
as at
September 1998
was 21[2].[13]
The Government meets the staffing and operational costs.
328. The
National Youth Skills Training Programme under the Ministry of Housing also
carries out a shortterm vocational skills training
programme for youth. The
Ministry offers vocational skills training at six training centres on the basis
of a twoyear programme.
By 1999 the programme had trained 110 youths between
the ages of 16 and 25.
4. Tertiary education
329. Tertiary education is provided at the
Saint Vincent and the Grenadines Community College, the Saint Vincent Teachers
College,
the UWI School of Continuing Education and the Saint Vincent
School of Nursing. The Community College, which caters to those students
who
wish to prepare for university education, offers a freetwo year training
programme to prepare students to sit the Advanced Level
examinations set by
various examination bodies based in the United Kingdom. In 1997, the
college had a student population of 582.
This institution is fully financed by
the Government of Saint Vincent and the Grenadines.
330. The Saint
Vincent Teachers College and the Saint Vincent School of Nursing are
professional training facilities for teachers
and nurses respectively which are
financed by the Government of Saint Vincent and the Grenadines. The
teachers training college
is free. Many persons below the age of 18 attend
these institutions to obtain further professional development. Between 1992 and
1995, the total student population at the School of Nursing did not exceed one
hundred in any one year.
331. Tertiary training is offered by the UWI
School of Continuing Studies through its various programmes. It is not financed
by the
Government, although a small government subvention is granted. The
programmes have been geared towards preparing the students for
university
education at the University of the West Indies and in some cases the students
are able to complete the first and second
years of their studies through the
distance education facility offered by UWI. This enables the cost of tertiary
education to be
reduced considerably, although it is not a fulltime programme.
5. Adult education
332. The need for adult education programmes
has been recognized by the Ministry of Education. The Ministry, through its
Adult Education
Unit, provides support to adult literacy by providing materials
and tutor training where requested. The Unit also carries out important
work by
providing training programmes for adult learners in collaboration with other
government ministries. These programmes seek
to equip learners with basic
literacy and numeracy skills, as well as giving some training in developing
small business projects
which can assist the economically disadvantaged with
income generation. The Ministry intends to undertake a major literacy study
and
it is expected that this will have implications for future developments in the
area.
333. The Ministry encourages and supports the development of
literacy programmes by private individuals, institutions and nongovernmental
organizations and acts in partnership with them. Adult education training for
young persons who wish to combat illiteracy is mainly
provided by an NGO, New
Horizons, which conducts several levels of training for youths and adults. Some
financial contribution to
the work of New Horizons is being provided under the
STABEX funding programme. Marion House also offers some training for children
and young persons who need remedial assistance and also offers some adult
education programmes.
B. The aims of education (art. 29)
334. The goal of the education system has been
to provide the population with the appropriate skills, attitudes and knowledge
for
the lifelong education required to meet society’s changing needs.
This goal is being implemented by the Ministry of Education
through its various
activities and is enshrined in the Education Act, which provided the legal
framework for the major policy positions
of the Ministry.
335. The Mission
statement of the Ministry of Education states:
“The mission of the Ministry of Education is to provide, singularly or
cooperatively, all persons of the State with learning
opportunities appropriate
to their learning needs and to ensure a quality of education that will equip
them with required values,
skills, attitudes and knowledge, necessary for
creating and maintaining a productive, innovative and harmonious
society.”
336. The aims of education, as accepted by the State, are
as follows:
To develop the whole person to enable him or her to deal
with the exigencies of life;
To develop an understanding of the
economic, social and political environment;
To develop and foster, in the individual, the capacity and motivation to
learn, thus creating a learning society,
To bring about respect for the person, and to reinforce the interdependence
of man, as an ideal in life;
To develop the human resource factor,
consonant with economic and social realities;
To instil positive
attitudes to work, health and the environment;
To develop an
appreciation of one’s cultural heritage and an understanding of the
diverse peoples of the world;
To develop moral and spiritual values,
consonant with the ideals of a democratic society (Peters, 1994).
337. In Saint Vincent and the Grenadines, the Ministry of Education is
responsible for providing the legal and institutional framework
within which all
schools must operate. Having established this framework it does not interfere
with the liberty of individuals and
bodies to direct and establish educational
institutions provided they conform to the required standards of facilities and
training.
The private secondary schools in the State are either owned by
churches or by private organizations. Some of the private primary
schools have
had a long historical presence.
C. Leisure, recreation and cultural activities (art. 31)
1. Leisure and recreation
338. Sports play a
major role in the development of children in the State. It is recognized by the
Government that there is an important
link between the level of physical
activity and the health and wellbeing of the child. The participation of many
youth in sports
has prevented their involvement in drugs and has enhanced their
personality to the extent that they become wellrounded citizens.
There is a
positive emphasis on sports in schools and communities, with sports and physical
education being an integral part of
the curriculum at the primary and secondary
levels. Interschool sports competitions are organized and conducted on a
regular basis,
in addition to the friendly matches that take place from time to
time.
339. At the level of the Government, the Ministry of Housing
incorporates a Sports Division, which organizes sporting activities for
communities and schools. The Sports Division provides training and sources
equipment for various sporting activities. The aims
of the Sports Division are
to enhance sporting skills through training at the school and village levels; to
deepen links with national,
regional and international sporting associations; to
maintain government facilities and to provide assistance to sporting
associations.
340. The development of sports is vested in the National
Sports Council by virtue of the National Sports Council Act (cap. 292).
The Council receives an annual grant from the Government to carry out its work
which, by virtue of the Act, includes developing and
maintaining sporting
facilities, and to administer the funds of the Council and all government grants
allocated to the Council.
Sports programmes organized by the Ministry of
Education for schools are, however the sole responsibility of the Ministry of
Education.
The National Sports Council is a semiautonomous body and its members
are appointed by Cabinet.
341. The Government establishes and maintains
most of the sporting facilities available in the State. These facilities often
require
regular maintenance or upgrading and this is part of the responsibility
of the National Sports Council. The Government has invested
in several
multipurpose courts located in the rural areas, as well as a central sports
complex located at Arnos Vale, just outside
of the capital, Kingstown. The
popular sports are netball, athletics, football, cricket, tennis and basketball.
Most sports are
governed by national associations. The Sports Division assists
them with equipment, training and other types of support.
342. Sporting
activities are also organized by the Ministry of Education for schools. The
Ministry budgets for an allowance to be
paid to Games teachers for primary
schools and a Sports Officer is provided for, within the general administrative
staff at the Ministry.
343. It should be noted that funds for sports
infrastructure, programmes and training are also provided by the National
Lottery Board,
a statutory body established by the Government to administer the
national lottery in the State.
344. The communities and urban areas must
make maximum use of the sporting facilities since recreational areas are
limited. This
is so particularly for preschoolers. There is a shortage of
parks and playgrounds equipped to stimulate toddlers and preschoolers.
This
problem needs to be addressed.
345. Youth groups and other organizations
are actively involved in ad hoc leisure activities for children, such as the
organization
of walks and beach trips. This activity is still relatively safe
and utilizes the natural environment of the country to the greatest
degree. The
Youth Affairs Department in the Ministry of Housing also promotes and manages
the 4H movement. This programme of activities
for children includes health and
nutrition, agriculture, cultural
exchanges, student exchanges, environmental awareness and arts and craft.
“Youth on the Move” is another programme developed
by the Youth
Affairs and Sports Departments and is conducted three times per year. It is
multidimensional and engages youth in sporting
activities.
2. Culture
346. The Ministry of Education, Women’s
Affairs and Culture is charged with organizing cultural activities in the State.
The
Department of Culture, which is staffed by a Cultural Officer, a Dance
Development Officer and a Research Officer, has designed a
programme
specifically targeted at schoolchildren and youths. The Department sponsors an
annual schools drama festival in which
schools are invited to participate with
dramatic presentations. Based on their performance, the schools are awarded
prizes and certificates
of recognition. This has proven to be a valuable
programme in exploring and building the creative capacities of Vincentian
children.
347. Similarly, members of the wider community, including
children and youths are invited to participate in the Community Drama Festival
and the National Dance Festival. These activities are geared towards enhancing
the cultural talents of the communities. Training
in drama and dance are also
conducted through workshops organized by the Department.
348. The
Department of Culture has contributed to the development of such festivals as
the National Carnival activities held in July.
This Carnival involves a large
number of youths in creative activity, such as playing in steel bands, costume
design and calypso
singing. This has been one of the major forums for social
commentary available to the community. The organizing body for this activity
is
the Carnival Development Committee, which receives support from the Government
as well as other agencies.
349. The Ministry of Education also organizes
and implements a music programme in the schools.
D. Concluding comments
350. The issues affecting the access of
children to education relate to their social and economic condition. In Saint
Vincent and
the Grenadines, whilst the Government is continuing its efforts to
provide adequate facilities and improved staffing for primary,
secondary and
tertiary education the reality is that there are some factors which reduce the
access of some children and young persons
to these services. In the first
instance, issues related to poverty limit the ability of some parents to provide
the conditions
for their children to go to school. The textbook loan scheme and
the schoolfeeding programme contribute substantially to improving
the
participation rate of children at the primary level.
351. The
schoolfeeding programme and the proposed textbook loan scheme will provide
support to children in order to increase their
opportunities to be educated.
Once children attend school they are still faced with the challenge of
performing in competition with
children who have a more favourable home
environment. If children cannot pass the Common Entrance
examinations, their opportunities for advancing to a secondary school education are not good. There is a need for greater importance to be placed on the development of facilities for children who cannot access secondary school education.
IX. SPECIAL PROTECTION MEASURES
A. Children in situations of emergency (arts. 22, 38 and
39)
1. Refugee children (art. 22)
352. Given
the geopolitical situation of Saint Vincent and the Grenadines, there are no
refugee children present in the State, nor
is there at present legislation to
address such a matter should it arise. However, the child would be accorded the
same protection
as any other child permanently or temporarily deprived of his or
her family environment and would be dealt with by the Social Welfare
Division.
353. There have been cases in the past where other Caribbean
countries have been required to decide on the status of persons who drifted
ashore from Haiti or Cuba seeking refugee status although they were en route to
another country. If this arose in Saint Vincent
and the Grenadines, the persons
would have to be considered under the Immigration (Restriction) Act,
(cap. 78). Whilst they would
be prohibited immigrants under section 4 of
the Act, a request can be made to the Governor General under section 8 of the
Act to
allow a prohibited immigrant to enter and remain in Saint Vincent and the
Grenadines. An immigration officer, if he encounters a
prohibited immigrant at
any port of entry or anywhere else, has the power, under section 13 of the Act,
to postpone a decision for
two months pending further inquiry. A prohibited
immigrant is also entitled to appeal a decision ordering him to leave the State
(sect. 14). The dependants of a prohibited immigrant who are children,
stepchildren or adopted children under the age of 16 are
also
prohibited immigrants.
2. Children in armed conflicts (art. 38) including physical
and psychological
recovery and social reintegration (art. 39)
354. Children in
Saint Vincent and the Grenadines have not been exposed to armed conflict. The
measures in place to protect children
and to promote physical and psychological
recovery are not intended to cope with the traumas associated with armed
conflict. If
such a situation should occur in future, new measures would have
to be put in place.
B. Children in conflict with the law (arts. 37, 39 and
40)
1. The administration of juvenile justice (art. 40)
355. Under the Juveniles Act, a juvenile is defined as a person under the age of 16 and a young person is anyone who is 14 years of age or upwards and under the age of 16 years. It is therefore important to note that, in relation to the terms of the CRC definition of a child as being under the age of 18, the special provisions of the juvenile justice system do not apply to persons
who are over 16 years. In legal terms a person 16 years of age and over is
treated as an adult and is subject to all the consequences
of the criminal
justice system pertaining to adults, except where the law excludes him from
being so considered.
356. The legislative provisions for the
administration of juvenile justice in Saint Vincent and the Grenadines are
contained in the
Juveniles Act (cap. 168), the Probation of Offenders Act,
(cap. 128), the Corporal Punishment of Juveniles Act (cap. 123) and
the
Criminal Code (cap. 124). The most relevant law however, is the
Juveniles Act, which specifically states in the short title that
it is an Act to
provide inter alia “for the care and protection of juveniles, the
trial and treatment of juvenile offenders ...”. The enforcement of this
Act is carried out by the Family Court. However, juveniles are also affected by
the provisions of the Criminal Procedure Code (cap.
125) in situations where
they are charged jointly with an adult or charged with an indictable offence.
In such cases the juvenile
would appear either in the Magistrates Court or in
the High Court.
357. The presumption of innocence is one of the
basic principles on which the courts operate. According to this principle, a
person
is innocent until proven guilty. This principle is enshrined in Common
Law from time immemorial and is embodied in section 8 of the Constitution of
Saint Vincent and the Grenadines. In summing up during a criminal trial,
the judge must inform the jury of this legal principle.
358. The
Constitution also provides that a person has the right to be promptly informed
of the charges against him or her (sect. 8) and to be afforded reasonable access
to a lawyer of his or her choice and, in the case of a minor, consultation with
his or her parents
or legal guardians. There is no legal aid system in place
entitling a person to have free legal or other appropriate assistance
in the
preparation and presentation of his or her defence. However there are private
practitioners who would assist with legal representation
on a pro bono basis.
The Saint Vincent and the Grenadines Human Rights Association has been able to
obtain legal representation
for minors in some matters, including criminal
cases.
359. The Family Court is the judicial body which deals with all
matters except indictable offences. A hearing takes place in the
presence of
the legal representatives defending the case, if any, and the police prosecutor
presents the facts which constitute the
offence. Both sides are entitled to
call witnesses to support their case. The probation officer who has been
dealing with the case
and who has perhaps undertaken a social investigation of
the child may also be present. Under the Juveniles Act (sect. 18 (2)) the
probation officer is under a duty to prepare a report for the information of the
court before which the juvenile appears charged
with an offence. The report
should have information on the juvenile’s mental and physical condition,
his surroundings, school
record, age and character and any other facts which may
be of assistance to the court. The parent or guardian of the child is entitled
to be present during the hearing when the child is being tried for an offence
and has to be summoned when the court is passing sentence
on the juvenile (sect.
18 (1)).
360. The juvenile is not compelled to give testimony or
confess guilt. The law ensures that any person who is charged with an offence
is entitled either to remain silent, give sworn testimony on which he will be
cross-examined or to make a statement from the dock.
These will be admitted as
evidence.
361. If the decision of the court is that the juvenile is guilty,
this decision can be appealed against and the sentence imposed in
consequence
thereof suspended until the appeal is heard (Criminal Procedure Code,
cap. 125). The appeal can be made against the sentence
alone. Appeals from
the Family Court are made to the High Court and appeals from the High Court are
made to the Eastern Caribbean
Supreme Court. Any appeals from decisions of the
Supreme Court are made to the Privy Council in England.
362. There is
provision in the Family Court Act, 1992 for cases to be heard in camera
to respect the privacy of the minor. The Juveniles Act (cap. 168, sect. 7)
also provides for exclusion of the public with the exception
of the officers of
the court, the parties to the case and their legal representatives, and any
other person directly concerned with
the case. The Criminal Procedure Code,
cap. 125, sect. 4, also provides for the exclusion of the public or
particular persons from
the court at the discretion of the judge or magistrate.
This provision is frequently used at the Supreme Court in Saint Vincent
and the
Grenadines, in particular in cases involving juveniles and sexual
offences.
363. However, where a juvenile is charged with an indictable
offence, proceedings for his committal for trial shall be heard in a
magistrate’s court and if on the termination of those proceedings the
court is satisfied that the juvenile should be committed
for trial the court
will commit him (sect. 26). If the juvenile is tried before any court which is
not a juvenile court, that court
shall have in relation to that juvenile all the
powers of a juvenile court (sect. 36). In other words the trial of the juvenile
in a magistrates court means that the public is not excluded.
364. The
minimum age below which children shall be presumed not to have the capacity to
infringe the penal law is eight years under
the Juveniles Act (sect. 3) and also
under the Criminal Code (sect. 12). There are measures for dealing with such
children without
resorting to judicial proceedings and these cases are usually
referred to the Social Welfare Division.
365. The Juveniles Act (sect.
18) provides that the court, on finding a juvenile guilty, may make a variety of
orders relating to
the guidance and supervision of the juvenile. These include
dismissing the case; putting the offender under probation; placing the
juvenile
under the care of a fit person; ordering the parent or guardian of the juvenile
to enter into a recognizance for the good
behaviour of the juvenile; committing
the juvenile to an approved school; or ordering the parent or guardian of the
juvenile to pay
compensation. Under the Criminal Code if a child is convicted
of an offence and a fine is ordered to be paid, the court can order
that the
fine or costs be paid by the parents of the child (sect. 26).
366. The
court is not allowed to pass a custodial sentence on a juvenile. The Juveniles
Act (cap. 168, sect. 19) establishes that
a person under the age of 16 is not to
be sentenced to imprisonment for any offence or be committed to prison in
default of any payment
of any fine, damage or costs. The Act provides for
probation of offenders, in addition to other orders. The probation officer
is
required during this period to visit, advise and befriend the juvenile, and
endeavour to find him suitable employment.
367. The Corporal Punishment
of Juveniles Act (cap. 123) provides for corporal punishment in the form of
caning to be administered
on juveniles who have committed an offence. The
number of strokes for any one offence is not to exceed 12 and the court should
direct
by whom and where the caning should take place. If no direction is
given, the caning will be administered by a police officer at
a police station.
A medical officer should be present to witness the caning and caning is to be
administered with a light rod on
the buttocks.
368. The Probation of
Offenders Act (cap. 128) allows the court to make an order putting the
offender on probation without convicting
him of the offence. If the court
convicts the offender of an indictable offence the court can also release the
person on probation
and require him to enter into a bond to be on good
behaviour. The court may, in addition, order the offender to pay damages for
compensation or loss. The Social Welfare Division and the Family Court also
offer counselling to such juveniles. There are no provisions
in the law for
community service.
2. Children deprived of their liberty, including any form of
detention,
imprisonment or placement in custodial settings (art. 37 (b)
(c) (d))
369. As mentioned in
section 1 above, the processes enshrined in the law outline the manner in which
the child is arrested, detained
and tried. The sentencing provisions in
relation to juvenile offenders are also discussed in that section.
370. The Juveniles Act provides that arrangements should be made by the
Commissioner of Police for preventing a juvenile, while detained
in a police
station, or while being conveyed to or from any criminal court, or while waiting
before or after attendance in any criminal
court, from associating with any
adult, not being a relative, who is charged with any offence other than the
offence with which the
juvenile is charged (sect. 22). Given the limited
facilities available at the courts and at the police stations this is not always
possible.
371. Whilst the Act refers to a place of safety and approved
schools, unfortunately there are no institutions where the juvenile can
be sent
and this constitutes a serious deficiency in the administration of justice for
juveniles.
372. The Prisons Act and Prison Rules (cap. 281) provide
for the separation of juvenile and young prisoners from other prisoners.
Juveniles sentenced to imprisonment shall be kept separated from all other
prisoners. Young prisoners are prisoners who are under
21 years of age and the
law requires that they may be removed to separate parts of the prison called
young prisoner’s centres.
In such centres, special provision shall be
made for the education and for the moral, physical and industrial training of
the prisoners.
3. The sentencing of juveniles, in particular the prohibition
of capital
punishment and life imprisonment (art. 37 (a))
373. The
Criminal Code (cap. 124, sect. 24) states that sentence of death shall not
be pronounced against a person convicted of an
offence if it appears that at the
time the offence was committed the person was under the age of 16 years, but he
can be sentenced
to be detained at
her Majesty’s pleasure under such
conditions as the Governor General may direct. In this respect, the laws of
Saint Vincent
and the Grenadines differ from the provisions of the CRC since a
person can be sentenced to death if convicted of a murder committed
when the
person was 17 years of age.
374. In practice there have not been
many hangings in the State, so it is unlikely that a person under the age of 18
would be subjected
to capital punishment.
375. The United Nations
Declaration on the Prevention of Crime and Treatment of Offenders Act
(cap. 143) makes it an offence to carry
out acts of torture and other
cruel, inhuman or degrading treatment or punishment on any person. The law
incorporates the provisions
of the Declaration in the schedule, which defines
torture as “any act by which severe pain or suffering, whether physical or
mental, is intentionally inflicted by or at the instigation of a public official
on a person for such purposes as obtaining from
him or a third person
information or confession, punishing him for an act he has committed or is
suspected to have committed or intimidating
him or other persons”.
C. Children in situations of exploitation (arts. 32-36 and 39)
376. In general, the provisions in place to
address this problem are discussed throughout this report, particularly in
chapter VI.
This section will focus on those issues not dealt with there.
1. Economic exploitation, including child labour (art. 32)
377. The Employment of Women, Children and
Young Persons Act (cap. 148) is the principal legislation which determines
the conditions
under which children will be employed. The Act defines a child
as a person under the age of 14 years and a young person as someone
under the
age of 18 years.
378. There are no regulations with respect to the
hours of employment for young persons, except to the effect that night work in
industrial
undertakings shall not be undertaken by young persons under the age
of 16.
379. The Factories Act (cap. 335) provides for the regulation
of factories and states that young persons should not be employed in
a factory
unless they have been medically examined. The Factories Act outlines provisions
for the safety and welfare of workers
in the factory .
380. There is
the need for more comprehensive legal provisions with respect to child labour.
The present legislation is outdated
and unsuited to the presentday conditions.
A review of the types of employment in which children are found needs to be
carried out
and a subsequent revision of the legislation should be considered
where appropriate.
2. Drug abuse (art. 33)
381. Drug abuse is a problem of growing concern
in the State. The substances to which children are mostly exposed include
alcohol,
crack, cocaine and marijuana. Saint Vincent and the Grenadines has
earned the reputation of being a major marijuana producing country
and as a
result regional initiatives have been organized by the Government to have
marijuana eradication
programmes carried out. One such initiative was carried out in 1998. The
legal provisions are contained in the Drugs (Prevention
of Misuse) Act
(cap. 219) and the Drug Trafficking Offences
Act, 1993 (Act No. 45 of
1993). These laws do not make any specific provisions in relation to children,
although they create criminal
offences with which persons over the age of eight
can be charged. The offences created in the Acts can be tried in the
Magistrates
Court.
382. As indicated earlier in this report, a number
of young males have been admitted to the mental health hospital because of
substance
abuse. The Health Education Unit of the Ministry of Health and
the Police Department are seeking to collaborate with schools in
order to carry
out education programmes in primary and secondary schools. The National Youth
Council, an umbrella organization comprised
of a large number of youth groups
islandwide, and the Youth Affairs Department in the Ministry of Housing have
also been carrying
out ongoing educational and public awareness programmes
against substance abuse. Many other public education programmes are being
carried out by various organizations on this issue.
383. The Police
Department has a programme entitled DARE which seeks to educate youth on the
dangers of substance abuse. So far 4,452
students from primary schools
island-wide have benefited from the programme.
3. Sexual exploitation and sexual abuse (art. 34)
384. The provisions of the Criminal Code
(cap. 124) discussed in chapter VI, sections 9 and 11 are also
relevant here. There is no
documented evidence of child pornography taking
place in Saint Vincent and the Grenadines. The use of children in prostitution
is
an issue which has emerged in relation to crimes of sexual abuse against
children. There are cases where children are utilized to
bring in economic
benefits to the home which constitute prostitution in effect, even though, from
the manner in which it is carried
out, this may not appear obvious. Street
children, especially boys, have been found to be involved in unlawful sexual
practices
with men for reward. This has also become a cause for concern
although no study or data exists on the extent of this phenomenon.
385. There needs to be more attention paid to the issue of providing
alternative care for children who are encountered in these situations,
since
often there is no place for them to go. This would also be linked to the
current public awareness campaign on the dangers
of sexually transmitted
diseases and HIV which could result from such activities.
4. Sale, trafficking and abduction
386. The Adoption Act contains provisions
geared towards controlling the use of adoption as a hidden form of promoting the
sale and
trafficking in children. This should be complemented by the
ratification by Saint Vincent and the Grenadines of the Hague Convention
on the
Civil Aspects of International Child Abduction, which seeks to prevent abduction
across borders.
D. Children belonging to a minority or an indigenous group (art. 30)
387. There is an indigenous population in Saint
Vincent and the Grenadines comprised of persons of Carib origin. Whilst the
children
of this group are not denied the right to practise their own culture,
language or religion, there could be efforts to recapture and
revitalize such
cultural practices in order that the children of indigenous people have the
opportunity to develop greater self-esteem. The Constitution of Saint Vincent
and the Grenadines does, however, provide for freedom from discrimination on the
grounds of religion or ethnicity.
E. Concluding comments
388. The compliance of Saint Vincent and the
Grenadines with the articles pertaining to special protection measures for
children needs
some improvement.
389. In relation to juvenile justice in
particular, the compliance exists in relation to the judicial process, but there
is the need
for support systems for the Family Court, as well as a proper remand
facility for juveniles. There is a need for a comprehensive
review of the
labour legislation in relation to children and young persons with a view to
reflecting the needs of present-day employment
practices. In relation to sexual
abuse, there needs to be an assessment of the situation of street children and
the manner in which
prostitution and enticement of such children can be
eliminated in practice. Finally, data collection needs to be strengthened at
all levels since there is insufficient information on any of the forms of
exploitation to be able to analyse the issue of exploitation
of children
thoroughly and to make sound recommendations for the improvement of the
situation.
X. RECOMMENDATIONS
390. Throughout this report recommendations and
suggestions have been inserted as they have emerged in the consideration of any
aspect
of the Convention in its relation to the situation pertaining to Saint
Vincent and the Grenadines at this time. These recommendations
have emerged
mainly from the interviews which the consultant has held with persons whose
experience in the field has prompted them
to make certain submissions on various
aspects of the welfare of children in the State.
391. The main
recommendation is the need for legislative reform in the areas of law relating
to children. There is the need for
a comprehensive law which would address all
the critical issues relating to children and it is hoped that such a law would
emerge
from a thorough consultation and revision exercise.
392. This
recommendation also emerged from the Seminar/Workshop on the Rights of the Child
which was organized by the Saint Vincent
and the Grenadines Human Rights
Association in 1994. The broad-based participation by government and
non-governmental agencies in
that workshop gives merit to the recommendations
which emerged therefrom.
393. The recommendation is highlighted not with the view that legislation
solves all problems. On the contrary, that is not the case.
However, the
writer of this report is of the view that a consultative process must be
seriously embarked upon before any longterm
solutions will emerge to the
multifaceted issues which need to be addressed. As has emerged from this
report, there are many stakeholders
in this. They include those who work in the
interests of children at all levels, those who care for children in the home and
elsewhere,
and the children themselves. A legislative framework needs to be
designed which will be as effective as possible in coping with
the many
challenges which are being experienced now by all concerned, as well as those
which are likely to be faced in the future.
Notes
Bibliography
Browne, Carl
Health Conditions in
St Vincent and the Grenadines 1992-1995
Kairi
Consultants
Poverty Assessment Report - St. Vincent and the
Grenadines, 1996
Ministry of Finance and
Planning
St.Vincent and the Grenadines MediumTerm Economic Strategy
Paper 1998-2000
Ministry of Education and Women’s
Affairs
Report of St. Vincent and the Grenadines to the CEDAW
Committee, 1994
Ministry of Finance and Planning
St.
Vincent and the Grenadines Development Plan, 1991-1995
Ministry of
Health and the Environment
Draft Health Sector Plan
1999-2003
Central Planning Division, Ministry of Finance and
Planning
Digest of Statistics for the Year 1995
Central
Planning Division, Ministry of Finance and Planning
St. Vincent and
the Grenadines 1991 Population and Housing Census Report, Vol.
2
Ministry of Education and Women’s
Affairs
Directory of Schools and Colleges
1997/1998
Ministry of Finance and Planning
St. Vincent
and the Grenadines 1998 Estimates
Ministry of Finance and
Planning
St. Vincent and the Grenadines 1999
Estimates
Organization of Eastern Caribbean States
Secretariat
Foundation for the Future: OECS Education Reform
Strategy
Peters, Macaulay (1994)
St. Vincent and the
Grenadines Country Paper presented to the 1994 Commonwealth Conference,
Islamabad, Pakistan. Partnership in Education
- The State of the art in St.
Vincent and the Grenadines
List of tables
Table 1. Percentage distribution of population
by broad age group and sex
Table 2. Percentage distribution of
population by ethnic group and sex
Table 3. Percentage distribution of population attending school or
educational institution by age and sex
Table 4. Population attending
school or educational institution by type of school
Table 5. Common
entrance examination results, 1992-1997
Table 6. School leaving
examination results, 1988-1997
Table 7. Enrolment in primary schools by
age, 1994-1997
Table 8. Enrolment in secondary schools by age,
1994-1997
Table 9. Number of households by main source of water
supply
Table 10. Number of households by type of toilet
facilities
Table 11. Number of births by age group of mothers,
1993-1997
Table 12. Number of births by birth order,
1993-1997
Table 13. Demographic indicators, 1960-1997
Table
14. Drug Statistics - Persons arrested by sex and age
Table 15. Number of
children by disability and sex, 1995-1997
Table 16. Distribution of
government expenditure on human development
Table 17. Reports of child
abuse made at the Social Welfare Department, 1989-1996
Table 1. Percentage distribution of population by broad age group and sex
1980
|
1991
|
|||||
Male
|
Female
|
Total
|
Male
|
Female
|
Total
|
|
Under 15
|
45.9
|
41.7
|
43.7
|
37.7
|
36.7
|
37.2
|
15-29
|
29.0
|
28.7
|
28.8
|
30.0
|
29.0
|
29.5
|
30-44
|
10.6
|
11.3
|
10.9
|
16.4
|
15.8
|
16.1
|
45-65
|
9.7
|
11.5
|
10.7
|
10.3
|
11.0
|
10.7
|
65+
|
4.8
|
6.6
|
5.7
|
5.4
|
7.6
|
6.5
|
Not stated
|
0.1
|
0.1
|
0.1
|
0.0
|
0.0
|
0.0
|
Total
|
100.0
|
100.0
|
100.0
|
100.0
|
100.0
|
100.0
|
Source: 1991 Population and Housing Census Report.
Table 2. Percentage distribution of population by ethnic group and sex
1980
|
1991
|
|||||
Male
|
Female
|
Total
|
Male
|
Female
|
Total
|
|
African/Negro/Black
|
82.3
|
81.8
|
82.0
|
78.2
|
75.9
|
77.1
|
Amerindian/Carib
|
...
|
...
|
...
|
3.0
|
3.3
|
3.1
|
East Indian
|
1.6
|
1.6
|
1.6
|
1.3
|
1.4
|
1.4
|
Portuguese
|
0.5
|
0.5
|
0.5
|
0.5
|
0.5
|
0.5
|
White
|
1.1
|
1.1
|
1.1
|
0.9
|
1.0
|
0.9
|
Mixed
|
13.7
|
14.1
|
13.9
|
15.5
|
17.4
|
16.4
|
Other
|
0.3
|
0.4
|
0.4
|
0.1
|
0.1
|
0.1
|
Not stated
|
0.4
|
0.5
|
0.4
|
0.5
|
0.4
|
0.4
|
All groups
|
100.0
|
100.0
|
100.0
|
100.0
|
100.0
|
100.0
|
Source: 1991 Population and Housing Census Report.
Table 3. Percentage distribution of population attending school or
educational institution by age and
sex
Age group
|
1980
|
1991
|
||||
Male
|
Female
|
Total
|
Male
|
Female
|
Total
|
|
Under 5 years
|
1.9
|
2.0
|
1.9
|
7.2
|
6.9
|
7.1
|
5
|
7.8
|
7.8
|
7.8
|
7.4
|
7.3
|
7.4
|
6
|
9.1
|
9.0
|
9.0
|
8.2
|
7.2
|
7.7
|
7
|
9.9
|
9.3
|
9.6
|
8.2
|
8.0
|
8.1
|
8
|
9.8
|
9.5
|
9.6
|
8.5
|
8.4
|
8.4
|
9
|
9.3
|
8.4
|
8.9
|
8.1
|
7.6
|
7.8
|
10
|
8.7
|
8.3
|
8.5
|
8.1
|
7.6
|
7.9
|
11
|
8.2
|
7.4
|
7.8
|
8.5
|
8.0
|
8.3
|
12
|
9
|
8.3
|
8.6
|
7.7
|
7.2
|
7.5
|
13
|
8.1
|
8.6
|
8.4
|
7.0
|
6.9
|
6.9
|
14
|
8.4
|
8.4
|
8.4
|
7.8
|
7.3
|
7.6
|
15
|
4.0
|
5.0
|
4.5
|
4.3
|
5.3
|
4.8
|
16
|
2.0
|
3.2
|
2.6
|
2.9
|
3.8
|
3.4
|
17
|
1.5
|
2.2
|
1.8
|
2.1
|
3.2
|
2.7
|
18
|
1.2
|
1.3
|
1.2
|
1.7
|
2.3
|
2.0
|
19
|
0.6
|
0.6
|
0.6
|
0.9
|
1.3
|
1.1
|
20 and over
|
0.7
|
0.8
|
0.7
|
1.4
|
1.6
|
1.5
|
Total
|
100.0
|
100.0
|
100.0
|
100.0
|
100.0
|
100.0
|
Source: 1991 Population and Housing Census Report.
Table 4. Population attending school or educational institution by type of school
1980
|
%
|
1991
|
%
|
% change
|
|
Nursery/infants/pre-
|
825
|
2.6
|
2 402
|
6.9
|
191.2
|
Primary
|
25 505
|
79.9
|
24 305
|
70.3
|
-4.7
|
Secondary
|
5 370
|
16.8
|
6 949
|
20.1
|
29.4
|
Trade/vocational
|
...
|
...
|
220
|
0.6
|
...
|
Technical college
|
...
|
...
|
231
|
0.7
|
...
|
University
|
8
|
0.0
|
57
|
0.2
|
612.5
|
Other
|
204
|
0.6
|
414
|
1.2
|
102.9
|
Not stated
|
9
|
0.0
|
3
|
0.0
|
-66.7
|
Total
|
31 921
|
100.0
|
34 581
|
100.0
|
8.3
|
Source: 1991 Population and Housing Census Report.
Table 5. Common entrance examination results, 1992-1997
Candidates who sat
|
No. of passes
|
|
1992
|
2 572
|
993
|
1993
|
2 602
|
922
|
1994
|
2 498
|
912
|
1995
|
2 987
|
1 256
|
1996
|
2 798
|
1 066
|
1997
|
2 699
|
1 202
|
Table 6. School leaving examination results, 1988-1997
Candidates who sat
|
No. of passes
|
|
1988
|
883
|
57
|
1989
|
883
|
60
|
1990
|
920
|
39
|
1991
|
1 247
|
47
|
1992
|
949
|
95
|
1993
|
947
|
50
|
1994
|
964
|
84
|
1995
|
953
|
207
|
1996
|
1 122
|
91
|
1997
|
1 217
|
137
|
Source: Ministry of Education.
Table 7. Enrolment of pupils in primary schools* by age,
1994-1997
(Age last birthday)
1994
|
1995
|
1996
|
1997
|
|||||||||
Male
|
Female
|
Total
|
Male
|
Female
|
Total
|
Male
|
Female
|
Total
|
Male
|
Female
|
Total
|
|
5
|
1 472
|
1 455
|
2 927
|
1 268
|
1 125
|
2 393
|
1 603
|
1 545
|
3 148
|
1 466
|
1 413
|
2 879
|
6
|
1 272
|
1 231
|
2 503
|
1 246
|
1 238
|
2 484
|
1 267
|
1 138
|
2 405
|
1 226
|
1 195
|
2 421
|
7
|
1 362
|
1 255
|
2 617
|
1 200
|
1 191
|
2 391
|
1 209
|
1 183
|
2 392
|
1 240
|
1 129
|
2.369
|
8
|
1 324
|
1 358
|
2 682
|
1 349
|
1 240
|
2 589
|
1 251
|
1 217
|
2 468
|
1 195
|
1 164
|
2 359
|
9
|
1 346
|
1 257
|
2 603
|
1 336
|
1 345
|
2 681
|
1 299
|
1 216
|
2 515
|
1 207
|
1 183
|
2 390
|
10
|
1 330
|
1 392
|
2 722
|
1 321
|
1 216
|
2 537
|
1 316
|
1 304
|
2 620
|
1 332
|
1 217
|
2 549
|
11
|
1 254
|
1 133
|
2 387
|
1 218
|
1 167
|
2 385
|
1 159
|
1 074
|
2 233
|
1 119
|
1 131
|
2 250
|
12
|
993
|
807
|
1 800
|
1 082
|
919
|
2 001
|
973
|
766
|
1 739
|
969
|
736
|
1 705
|
13
|
841
|
639
|
1 480
|
802
|
574
|
1 376
|
781
|
553
|
1 334
|
742
|
526
|
1 268
|
14
|
718
|
471
|
1 189
|
643
|
448
|
1 091
|
560
|
392
|
952
|
688
|
437
|
1 125
|
15
|
248
|
180
|
428
|
262
|
209
|
471
|
212
|
131
|
343
|
201
|
112
|
313
|
Total
|
12 160
|
11 178
|
23 338
|
11 727
|
10 672
|
22 399
|
11 630
|
10 519
|
22 149
|
11 385
|
10 243
|
2l 628
|
Source: Ministry of Education.
*
Private schools not included.
Table 8. Enrolment of pupils in secondary schools by age,
1994-1997
(age last birthday)
1994
|
1995
|
1996
|
1997
|
|||||||||
Male
|
Female
|
Total
|
Male
|
Female
|
Total
|
Male
|
Female
|
Total
|
Male
|
Female
|
Total
|
|
Under 11
|
9
|
19
|
28
|
7
|
3
|
10
|
1
|
2
|
3
|
5
|
6
|
11
|
11
|
117
|
179
|
296
|
49
|
164
|
213
|
84
|
136
|
220
|
93
|
171
|
264
|
12
|
316
|
501
|
817
|
323
|
475
|
798
|
345
|
572
|
917
|
369
|
522
|
891
|
13
|
473
|
783
|
1 256
|
484
|
701
|
1 185
|
543
|
811
|
1 354
|
580
|
811
|
1 391
|
14
|
499
|
741
|
1 240
|
520
|
799
|
1 319
|
519
|
811
|
1 330
|
600
|
838
|
1 438
|
15
|
477
|
726
|
1 203
|
511
|
835
|
1 346
|
569
|
809
|
1 378
|
519
|
781
|
1 300
|
16
|
436
|
606
|
1 042
|
449
|
662
|
1 111
|
466
|
682
|
1 148
|
500
|
737
|
1 237
|
17
|
364
|
519
|
883
|
362
|
509
|
871
|
301
|
424
|
725
|
328
|
459
|
787
|
18
|
204
|
287
|
491
|
246
|
314
|
560
|
167
|
225
|
392
|
106
|
165
|
271
|
19
|
|
|
|
|
|
|
|
|
|
|
|
|
& over
|
90
|
118
|
208
|
110
|
122
|
232
|
65
|
107
|
172
|
39
|
61
|
100
|
Total
|
2 985
|
4 479
|
7 464
|
3 061
|
4 584
|
7 645
|
3 060
|
4 579
|
7 639
|
3 139
|
4 551
|
7 690
|
Source: Ministry of Education.
Table 9. Number of households by main source of water supply
1980
|
1991
|
%
Change |
|||
Number
|
%
|
Number
|
%
|
||
Private piped into dwelling
|
1 605
|
7.9
|
1 681
|
6.2
|
191.2
|
Private catchment not pipe
|
744
|
3.7
|
1 346
|
5
|
4.7
|
Public piped into dwelling
|
4 337
|
21.4
|
8 984
|
33.3
|
80.9
|
Public piped into yard
|
2 690
|
13.3
|
3 864
|
14.3
|
107.1
|
Public stand pipe
|
9 197
|
45.3
|
7 934
|
29.4
|
43.6
|
Public well or tank
|
260
|
1.3
|
279
|
1
|
- 13.7
|
Other
|
1 158
|
5.7
|
2 914
|
10.8
|
7.3
|
Not stated
|
299
|
1.5
|
...
|
...
|
151.6
|
Total
|
20 290
|
100.0
|
27 002
|
100.0
|
33.1
|
Source: 1991 Population and Housing Census Report.
Table 10. Number of households by type of toilet facilities
1980
|
1991
|
%
Change |
|||
Number
|
%
|
Number
|
%
|
||
WC linked to sewer
|
675
|
3.3
|
829
|
3.1
|
22.8
|
Shared
|
70
|
|
61
|
|
|
Not shared
|
605
|
|
768
|
|
|
WC cesspit or septic tank
|
4 193
|
20.7
|
8 141
|
30.1
|
94.2
|
Shared
|
246
|
|
553
|
|
|
Not shared
|
3 947
|
|
7 588
|
|
|
Pit latrine
|
13 903
|
68.5
|
16 815
|
62
|
20.9
|
Shared
|
2 274
|
|
4 200
|
|
|
Not shared
|
11 629
|
|
12 615
|
|
|
Other
|
154
|
0.8
|
215
|
0.8
|
39.6
|
Shared
|
75
|
|
78
|
|
|
Not shared
|
79
|
|
137
|
|
|
None
|
824
|
4.1
|
1 002
|
3.7
|
21.6
|
Not stated
|
541
|
2.7
|
...
|
...
|
|
Total
|
20 290
|
100.0
|
27 002
|
100.0
|
33.1
|
Source: 1991 Population and Housing Census Report.
Table 11. Number of births by age group of mothers, 1993-1997
1993
|
1994
|
1995
|
1996
|
1997
|
|
10-14
|
19
|
13
|
21
|
13
|
14
|
15-19
|
553
|
557
|
540
|
467
|
482
|
20-24
|
787
|
730
|
785
|
694
|
659
|
25-29
|
655
|
594
|
579
|
518
|
523
|
30-34
|
442
|
437
|
450
|
387
|
376
|
35-39
|
191
|
185
|
199
|
214
|
201
|
40-44
|
31
|
26
|
40
|
34
|
46
|
45-49
|
3
|
4
|
-
|
3
|
2
|
Not stated
|
6
|
3
|
-
|
8
|
8
|
Total
|
2 687
|
2 549
|
2 614
|
2 338
|
2 311
|
Source: Registrar’s Office.
Table 12. Number of births by birth order, 1993-1997
1993
|
1994
|
1995
|
1996
|
1997
|
|
1
|
758
|
778
|
815
|
724
|
757
|
2
|
625
|
576
|
563
|
553
|
557
|
3
|
467
|
432
|
479
|
394
|
346
|
4
|
340
|
292
|
339
|
267
|
267
|
5
|
216
|
217
|
190
|
195
|
173
|
6
|
129
|
110
|
104
|
98
|
93
|
7
|
84
|
75
|
57
|
53
|
63
|
8
|
30
|
33
|
33
|
27
|
27
|
9
|
23
|
15
|
13
|
10
|
9
|
10 & over
|
13
|
21
|
17
|
11
|
11
|
Not stated
|
2
|
-
|
4
|
6
|
8
|
Total
|
2 687
|
2 549
|
2 614
|
2 338
|
2 311
|
Source: Registrar’s Office.
Table 13. Demographic indicators, 1960-1997
Birth rate
|
Death rate
|
Infant mortality rate
|
Rate of natural increase
|
|
1960
|
48.9
|
14.8
|
145.0
|
34.1
|
1961
|
48.4
|
12.5
|
107.4
|
35.9
|
1962
|
44.5
|
11.5
|
91.8
|
33.0
|
1963
|
42.6
|
11.8
|
96.8
|
30.8
|
1964
|
42.3
|
9.4
|
75.3
|
32.9
|
|
|
|
|
|
1965
|
42.6
|
9.4
|
69.5
|
33.2
|
1966
|
42.2
|
9.2
|
80.6
|
33.0
|
1967
|
38.9
|
8.4
|
61.0
|
30.5
|
1968
|
35.9
|
8.9
|
72.2
|
27.0
|
1969
|
34.7
|
9.3
|
94.7
|
25.4
|
|
|
|
|
|
1970
|
37.3
|
8.3
|
56.2
|
29.0
|
1971
|
40.6
|
8.0
|
49.0
|
32.6
|
1972
|
39.8
|
9.6
|
69.6
|
30.2
|
1973
|
34.4
|
10.5
|
99.6
|
23.9
|
1974
|
35.3
|
7.5
|
63.5
|
27.8
|
|
|
|
|
|
1975
|
35.2
|
8.6
|
64.5
|
26.6
|
1976
|
38.6
|
8.0
|
54.2
|
30.6
|
1977
|
31.7
|
7.8
|
55.5
|
23.9
|
1978
|
32.6
|
7.4
|
49.2
|
25.2
|
1979
|
33.5
|
6.8
|
38.1
|
26.7
|
|
|
|
|
|
1980
|
29.9
|
7.0
|
60.2
|
22.9
|
1981
|
32.7
|
7.4
|
46.8
|
25.3
|
1982
|
33.7
|
7.0
|
40.6
|
26.7
|
1983
|
32.9
|
7.3
|
37.0
|
25.6
|
1984
|
28.1
|
6.5
|
26.5
|
21.6
|
|
|
|
|
|
1985
|
28.6
|
5.9
|
20.3
|
22.7
|
1986
|
26.4
|
6.0
|
24.7
|
20.4
|
1987
|
25.7
|
5.8
|
23.4
|
19.9
|
1988
|
24.4
|
6.3
|
21.7
|
18.1
|
1989
|
24.4
|
6.3
|
21.5
|
18.1
|
|
|
|
|
|
1990
|
24.1
|
6.0
|
20.8
|
18.1
|
1991
|
24.3
|
6.1
|
19.3
|
18.2
|
1992
|
24.7
|
6.5
|
17.1
|
18.2
|
1993
|
24.5
|
6.2
|
14.5
|
18.3
|
1994
|
23.3
|
6.7
|
13.7
|
16.6
|
|
|
|
|
|
1995
|
23.6
|
6.6
|
18.0
|
17.0
|
1996
|
21.0
|
7.1
|
16.7
|
13.9
|
1997
|
20.8
|
6.6
|
18.2
|
14.2
|
Table 14. Drug statistics - persons arrested by sex and age group, 1993-1997
1993
|
1994
|
1995
|
1996
|
1997
|
|
Under 15 years
|
4
|
-
|
2
|
5
|
5
|
Male
|
2
|
-
|
2
|
5
|
4
|
Female
|
2
|
-
|
-
|
0
|
1
|
|
|
|
|
|
|
15-19 years
|
33
|
36
|
35
|
43
|
71
|
Male
|
27
|
30
|
33
|
39
|
65
|
Female
|
6
|
6
|
2
|
4
|
6
|
|
|
|
|
|
|
20-24 years
|
70
|
79
|
85
|
95
|
89
|
Male
|
66
|
79
|
78
|
85
|
86
|
Female
|
4
|
-
|
7
|
10
|
3
|
|
|
|
|
|
|
25-29 years
|
135
|
130
|
157
|
129
|
122
|
Male
|
128
|
116
|
147
|
125
|
114
|
Female
|
7
|
14
|
10
|
4
|
8
|
|
|
|
|
|
|
30-39 years
|
162
|
176
|
161
|
150
|
148
|
Male
|
157
|
160
|
151
|
137
|
140
|
Female
|
5
|
16
|
10
|
13
|
8
|
|
|
|
|
|
|
40-49 years
|
32
|
6
|
26
|
43
|
44
|
Male
|
26
|
4
|
25
|
40
|
41
|
Female
|
6
|
2
|
1
|
3
|
3
|
|
|
|
|
|
|
Over 50 years
|
4
|
6
|
6
|
8
|
7
|
Male
|
2
|
2
|
4
|
7
|
7
|
Female
|
2
|
4
|
2
|
1
|
-
|
|
|
|
|
|
|
Total
|
440
|
433
|
472
|
473
|
486
|
Male
|
408
|
391
|
440
|
438
|
457
|
Female
|
32
|
42
|
32
|
35
|
29
|
Source: Police Department.
Table 15. Number of children by disability and sex, 1995-1997
1995
|
1996
|
1997
|
|||||||
---|---|---|---|---|---|---|---|---|---|
Male
|
Female
|
Total
|
Male
|
Female
|
Total
|
Male
|
Female
|
Total
|
|
Hearing impaired
|
...
|
...
|
...
|
12
|
6
|
18
|
14
|
7
|
21
|
Physically handicapped
|
... |
... |
... |
3 |
7 |
10 |
3 |
7 |
10 |
Developmentally delayed
|
... |
... |
... |
24 |
16 |
40 |
41 |
25 |
66 |
Blind
|
|
|
|
|
|
|
1
|
-
|
1
|
Total
|
63
|
72
|
135
|
39
|
29
|
68
|
59
|
39
|
98
|
Source: School for Children with Special Needs.
Table 16. Distribution of Government expenditure on human development
|
1994
|
1995
|
1996
|
1997
|
|
$EC million
|
$EC million
|
$EC million
|
$EC million
|
$EC million
|
|
Ministry of Health
|
25.0 or 15.6% |
25.0 or 14.6% |
27.2 or 14.5% |
28.6 or 14.0% |
30.8 or 14.3% |
Ministry of Housing
|
8.2 or 5.1% |
8.9 or 5.5% |
9.1 or 5.7% |
9.7 or 6.0% |
10.0 or 6.2% |
Ministry of Education
|
33.1 or 20.7% |
33.4 or 19.5% |
36.5 or 19.5% |
37.8 or 18.5% |
39.9 or 18.5% |
Total
Expenditure |
160.2 |
171.1 |
187.6 |
204.5 |
215.6 |
Table 17. Reports of child abuse made at the Social Welfare Department, 1989-1997
1989
|
1990
|
1991
|
1992
|
1993
|
1994
|
1995
|
1995
|
1996
|
|
Sexual abuse
|
35
|
21
|
23
|
29
|
70
|
41
|
60
|
55
|
37
|
Physical abuse
|
54
|
33
|
78
|
63
|
117
|
77
|
55
|
65
|
44
|
Neglect
|
72
|
31
|
45
|
51
|
247
|
73
|
55
|
61
|
75
|
Abandonment
|
69
|
27
|
42
|
40
|
78
|
28
|
33
|
56
|
53
|
Other
|
10
|
6
|
23
|
23
|
8
|
36
|
0
|
4
|
30
|
Source: Social Welfare Department, Ministry of Housing.
List of legislation referred to in the report
Chapter/Revised laws 1990
|
|
---|---|
Adoption Act
|
Cap. 163
|
Cap. 164
|
|
Constitution of Saint Vincent and the Grenadines
|
Cap. 2
|
Corporal Punishment of Juveniles Act
|
Cap. 123
|
Criminal Code
|
Cap. 124
|
Criminal Procedure Code
|
Cap. 125
|
Deportation and Restriction of Commonwealth Citizens Act
|
Cap. 76
|
Domestic Violence (Summary Proceedings) Act
|
Act No. 13/1995
|
Domestic Violence and Matrimonial Proceedings Act
|
Cap. 165
|
Drugs Trafficking Offences Act, 1993
|
Act No. 45/1993
|
Drugs (Prevention of Misuse) Act
|
Cap. 219
|
Education Act, 1992
|
Act No. 29/1992
|
Employment of Women, Young Persons and Children Act
|
Cap. 148
|
Expulsion of Undesirable Aliens Act
|
Cap. 77
|
Factories Act
|
Cap. 335
|
Family Court Act, 1992
|
Act No. 53/1992
|
Family Nurse Practitioners Act, 1997
|
|
Immigration (Restriction) Act
|
Cap. 78
|
Immunisation of Children Act
|
Cap. 224
|
Juveniles Act
|
Cap. 168
|
Law of Minors Act
|
Cap. 169
|
Legitimation Act
|
Cap. 170
|
Liquor Licence Act
|
Cap. 342
|
Maintenance Act
|
Cap. 171
|
Marriage Act
|
Cap. 173
|
Married Womens Property Act
|
Cap. 175
|
Matrimonial Causes Act
|
Cap. 176
|
Medical Officers Act
|
Cap. 226
|
Medical Registration Act
|
Cap. 227
|
Mental Health Act
|
Cap. 228
|
National Sports Council Act
|
Cap. 269
|
Organization of Eastern Caribbean States Act
|
Cap. 140
|
Penicillin (Control) Act
|
Cap. 230
|
Pensions Act
|
Cap. 204
|
Police Act
|
Cap. 280
|
Pre-School Services Committee (Incorporation)Act
|
Act No. 14/1995
|
Prisons Act and Prison Rules
|
Cap. 281
|
Probation of Offenders Act
|
Cap. 128
|
Public Health Act
|
Cap. 232
|
Recruiting of Workers Act
|
Cap. 151
|
Registration of Births and Deaths Act
|
Cap. 179
|
Saint Vincent and The Grenadines Citizenship Act
|
Cap. 80
|
Cap. 180
|
|
United Nations Declaration on the Prevention of Crime and the Treatment of
Offenders Act
|
Cap. 143
|
-----
[1] Draft Health Sector Plan, 19992003 (Ministry of Health and the Environment, Saint Vincent and the Grenadines).
[2] Ibid., p. 25.
[3] Ibid., p. 31.
[4] Final Report, Poverty Assessment Report Saint Vincent and the Grenadines (Kairi Consultants, 1996), p. 73.
[5] Saint Vincent and the Grenadines 1998 Estimates (Government of Saint Vincent and the Grenadines, 1997), p. 243.
[6] Draft Health Sector Plan, 19992003, p. 66.
[7] Saint Vincent and the Grenadines 1999 Estimates (Government of Saint Vincent and the Grenadines, 1998), p.132.
[8] Digest of Statistics for the Year 1995 (Statistical Unit, Central Planning Division), p. 7.
[9] Source: Population and Housing Census, 1991, tables 5.11 and 5.12, p. 91.
[10] Draft Health Sector Plan, 19992003, p. 29.
[11] Saint Vincent and the Grenadines National Development Plan 19911995 (Government of Saint Vincent and the Grenadines), p. 135.
[12] Digest of Statistics for the year 1995 (Statistical Unit, Central Planning Division), p. 34.
[13] Saint Vincent and the Grenadines 1999 Estimates (Government of Saint Vincent and the Grenadines, 1998), p. 147.
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