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Jamaica - Second periodic reports of States parties due in 1998: Addendum [2003] UNCRCSPR 1; CRC/C/70/Add.15 (12 February 2003)
UNITED NATIONS
|
|
CRC
|
|
Convention on the Rights of the Child
|
Distr. GENERAL
CRC/C/70/Add.15 12 February
2003
Original: ENGLISH
|
COMMITTEE ON THE RIGHTS OF THE
CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES
UNDER ARTICLE 44 OF THE CONVENTION
Second
periodic reports of States parties due in
1998
JAMAICA*
[16 May 2000]
* For the initial
report submitted by the Government of Jamaica, see CRC/C/8/Add.12; for its
consideration by the Committee, see
documents CRC/C/SR.196-198 and
CRC/C/15/Add.32.
GE.03-40385 (E) 090403
CONTENTS
Paragraphs Page
I. INTRODUCTION 1 -
57 5
II. FAMILY ENVIRONMENT AND ALTERNATIVE CARE 58 -
121 20
A. Parental guidance 58 - 65 20
B. Parental
responsibilities 66 - 70 22
C. Separation from parents 71 -
75 23
D. Family reunification 76 - 80 24
E. Illicit transfer
and non-return 81 25
F. Recovery of maintenance for the child 82 -
84 25
G. Children deprived of their family environment 85 -
89 26
H. Adoption 90 - 101 27
I. Periodic review of placement
102 - 104 29
J. Abuse and neglect, including physical
and
psychological recovery and social reintegration 105 -
121 30
III. BASIC HEALTH AND WELFARE 122 - 204 32
A. Disabled
children 122 - 141 32
B. Basic health and welfare 142 -
165 37
C. Health - HIV/AIDS 166 - 186 44
D. Social security
and childcare services and facilities 187 - 193 52
E. Standard of
living 194 - 200 53
F. Progress, difficulties and targets 201 -
204 55
CONTENTS (continued)
Paragraphs Page
IV. EDUCATION, LEISURE
AND CULTURAL ACTIVITIES 205 - 246 55
A. Education, including
vocational training and guidance 205 - 226 55
B. Aims of education
227 - 237 63
C. Progress, difficulties and targets set 238 -
246 66
V. SPECIAL PROTECTION MEASURES 247 - 308 67
A. Refugee
children 247 - 250 67
B. Children in armed conflicts
251 68
C. Administration of juvenile justice 252 -
259 68
D. Detention, imprisonment or placement in
custodial
settings 260 - 275 70
E. Sentencing of children 276 -
280 74
F. Children in situations of exploitation 281 -
288 75
G. Drug abuse 289 - 291 76
H. Sexual exploitation and
abuse 292 - 303 77
I. Children belonging to a minority or an
indigenous
group 304 - 308 79
List of Annexes
82
Bibliography 89
List of tables
Table number
|
Title
|
Table 1
|
Population of Jamaica by age, sex and percentage distribution,
1993-1996
|
Table 2
|
Personnel assigned to Jamaica by organization and discipline
|
Table 3
|
Proportion of budget devoted to children by ministry/department
|
Table 4
|
Food stamp programme: beneficiaries by category and target achieved,
December 1997
|
Table 5
|
Statistics from Children’s Services Division, 1993-1997
|
Table 6
|
Utilization and coverage of maternal and child health services,
1993-1997
|
Table 7
|
Number of selected health personnel employed in the public health sector,
1992-1997
|
Table 8
|
Summary of AIDS cases in Jamaica (by date of reporting), 1982 to
June 1998
|
Table 9
|
Summary of AIDS deaths in Jamaica, 1982 to June 1998
|
Table 10
|
Adult AIDS cases by occupation (by date of reporting), 1982 to June
1998
|
Table 11
|
Summary of AIDS cases by sex and age groups (by date of reporting), 1982 to
June 1998
|
Table 12
|
Summary of AIDS cases by parish in Jamaica (by date of reporting), 1982 to
June 1998
|
Table 13
|
Estimates of recurrent expenditure by function and programmes,
1996/971997/98
|
Table 14
|
Estimates of capital expenditure by function and programmes,
1996/971997/98
|
Table 15
|
Enrolment in early childhood education by school type and year,
1992/931996/97
|
Table 16
|
Primary level enrolment by type of school, 1992/93-1996/97
|
Table 17
|
Reasons for which male juveniles appeared before the courts,
JanuaryDecember 1997
|
Table 18
|
Reasons for which female juveniles appeared before the courts,
JanuaryDecember 1997
|
I. INTRODUCTION
- Pursuant
to article 44, paragraph 1, of the Convention on the Rights of the Child,
“States parties undertake to submit to the
Committee, through the
SecretaryGeneral of the United Nations, reports” [on the
implementation of the Convention]:
“(a) Within two years of the entry into force of the Convention for
the State party concerned;
(b) Thereafter every five
years.”
- Jamaica
ratified the Convention in 1991; the initial report (CRC/C/8/Add.12) was
submitted in 1993. The current periodic report is
now due. It must be
emphasized that, although the report is intended to cover the period
July 1993 to June 1998, it also includes,
for clarity, reports on the
existence of laws and institutions which were in operation before
1991.
- The
report follows the General Guidelines adopted by the Committee on the Rights of
the Child at its thirteenth session on 11 October
1996, and notes paragraph 8 of
the Guidelines, which provides that basic information which was supplied in the
initial report of
1993 need not be repeated in the current report. For ease of
reference, the paragraph numbers in the Guidelines where responses
are
appropriate, are indicated.
Population size and
composition
- The
situation described in the initial report remains unchanged save for some minor
variations in numbers and percentages. The total
population of Jamaica, which
was estimated at 2.39 million at the end of 1989 had risen to
2,527,600 in 1996. Table 1 supplements
this information. It is estimated
that over 40 per cent of the population was under 18 years old at
the end of 1996.
Table 1
Population of Jamaica by age, sex and
percentage distribution
1993-1996
Age group
|
Males estimates
|
Females 1993
|
Males
|
Females 1994
|
Males
|
Females 1995
|
Males
|
Females 1996
|
Total
|
1 209 080
|
1 236 860
|
1 225 840
|
1 247 130
|
1 243 606
|
1 256 400
|
1 259 518
|
1 268 178
|
Total pop.
|
2 445 900
|
|
2 472 900
|
|
2 503 300
|
|
2 527 600
|
|
0-4
|
139 000
|
134 950
|
140 890
|
136 690
|
144 200
|
138 080
|
146 839
|
142 821
|
5-9
|
134 900
|
134 890
|
133 200
|
132 660
|
131 830
|
131 430
|
130 351
|
128 513
|
10-14
|
131 600
|
131 400
|
131 290
|
131 980
|
131 310
|
131 090
|
130 934
|
131 738
|
15-19
|
127 340
|
125 160
|
124 950
|
123 260
|
123 190
|
122 410
|
122 215
|
122 590
|
20-24
|
122 410
|
123 740
|
122 640
|
123 060
|
122 410
|
122 440
|
121 309
|
121 504
|
Table 1 (continued)
|
Males estimates
|
Females 1993
|
Males
|
Females 1994
|
Males
|
Females 1995
|
Males
|
Females 1996
|
25-29
|
110 270
|
114 230
|
111 110
|
114 170
|
112 100
|
114 370
|
113 282
|
114 930
|
30-34
|
94 250
|
98 860
|
98 670
|
100 470
|
102 340
|
101 210
|
104 695
|
101 765
|
35-39
|
72 530
|
76 400
|
77 050
|
80 680
|
81 230
|
84 230
|
85 501
|
86 226
|
40-44
|
54 430
|
55 180
|
57 030
|
58 030
|
61 040
|
61 360
|
64 630
|
64 397
|
45-49
|
44 540
|
44 720
|
45 880
|
45 850
|
47 360
|
47 130
|
49 149
|
48 787
|
50-54
|
38 950
|
37 760
|
40 510
|
38 880
|
41 690
|
39 860
|
42 751
|
40 906
|
55-59
|
32 670
|
32 620
|
33 980
|
33 090
|
35 380
|
33 670
|
36 577
|
33 971
|
60-64
|
29 700
|
30 820
|
30 110
|
30 630
|
30 600
|
30 170
|
31 183
|
30 259
|
65-69
|
25 640
|
27 990
|
26 760
|
28 740
|
27 610
|
29 380
|
29 504
|
29 593
|
70-74
|
18 920
|
22 290
|
19 230
|
22 660
|
19 568
|
22 950
|
19 931
|
23 376
|
Over 75
|
31 930
|
45 850
|
32 020
|
46 280
|
31 748
|
46 400
|
31 667
|
46 802
|
Percentages
|
0-4
|
5.7
|
5.5
|
5.7
|
5.5
|
5.8
|
5.5
|
5.8
|
1.7
|
5-9
|
5.2
|
5.5
|
5.4
|
5.4
|
5.3
|
5.2
|
5.2
|
5.0
|
10-14
|
5.4
|
5.4
|
5.3
|
5.3
|
5.3
|
5.3
|
5.2
|
5.2
|
15-19
|
5.2
|
5.1
|
5.1
|
5.0
|
4.9
|
4.9
|
4.8
|
4.9
|
20-24
|
5.0
|
5.1
|
5.0
|
5.0
|
4.9
|
4.9
|
4.8
|
4.8
|
25-29
|
4.5
|
4.7
|
4.9
|
4.6
|
4.5
|
4.6
|
4.5
|
4.6
|
30-34
|
3.9
|
4.0
|
4.0
|
4.1
|
4.0
|
4.0
|
4.1
|
4.0
|
35-39
|
3.0
|
3.1
|
3.1
|
3.3
|
3.4
|
3.4
|
3.4
|
3.4
|
40-44
|
2.3
|
2.3
|
2.3
|
2.4
|
2.4
|
2.5
|
2.6
|
2.6
|
45-49
|
1.8
|
1.8
|
1.9
|
1.9
|
1.9
|
1.9
|
1.9
|
1.9
|
50-54
|
1.6
|
1.5
|
1.6
|
1.6
|
1.7
|
1.6
|
1.7
|
1.6
|
55-59
|
1.3
|
1.3
|
1.4
|
1.3
|
1.4
|
1.4
|
1.5
|
1.3
|
60-64
|
1.1
|
1.3
|
1.2
|
1.2
|
1.2
|
1.2
|
1.2
|
1.2
|
65-69
|
1.5
|
1.1
|
1.1
|
1.2
|
1.1
|
1.2
|
1.1
|
1.2
|
70-74
|
0.8
|
0.9
|
0.8
|
0.9
|
0.8
|
0.9
|
0.8
|
0.9
|
Over 75
|
1.3
|
1.9
|
1.3
|
1.9
|
1.3
|
1.9
|
1.3
|
1.9
|
Source: STATIN.
Note: Discrepancies due to
rounding.
Legal structure
- The
legal structure remains unchanged. A number of new laws were enacted during the
fiveyear period under review which impact on
the implementation of the
Convention on the Rights of the Child. These include:
− The Jamaican Nationality (Amendment) Act 1993;
− The Citizenship (Constitutional Amendment) Act 1993;
− The National Council on Education Act 1993;
− The Inheritance Provision (Provision for Family and Dependants)
Act
1993;
− The Citizenship (Constitutional Amendment) Act 1994;
− The Human Employment and Resource Training (Amendment) Act
1994;
− The Domestic Violence Act 1995;
− The Insurance (Amendment) Act 1995;
− The Students’ Loan Fund (Amendment) Act 1996;
− The Mental Health Act 1997;
− The Caribbean Community (Free Movement of Skills, Persons)
Act
1997;
− The Juveniles (Amendment) Act 1997;
− The Legal Aid Act 1997; and
− The National Council on Drug Abuse (Amendment) Act
1997.
- In
accordance with paragraph 6 of the introduction to the current guidelines,
information is here presented on the consideration given
to the suggestions and
recommendations given by the Committee in respect of the initial report,
especially “that the Government
of Jamaica [...] ensure that the
principles and provisions of the Convention are fully incorporated into the
Constitution and other national legislation”.
- The
process of incorporating the provisions of the Convention into national
legislation has been pursued by the following steps:
− In 1994 a review of the legislation affecting children in Jamaica was
undertaken by Justice O.D. Marsh, a retired High Court
Judge, with the purpose
of identifying the extent to which the provisions of the Convention were
included in existing legislation.
The summary and recommendations of this
review suggest that “there appears to be a need for some new legislative
provision
to bring the principles of the Convention as well as the provisions of
the Jamaica Constitution more realistically to the minds and hearts of both the
public and the administrators. This will have the effect of ensuring that
the
protection envisaged is delivered in the most direct manner. To accomplish
this, it is proposed that a bill entitled ‘The
Child Care and Protection
Act’ be enacted in order to reinforce existing legal and constitutional
provisions where necessary
as in various articles of the Convention on the
Rights of the Child”. The review goes on to give a summary of comparative
assessment of the Convention and the existing legislation, with recommendations
on each of the articles of the Convention. (A copy
of the summary, annex I, can
be consulted in the files of the secretariat.);
− As a sequel to this review, several workshops and conferences were held
with representatives of government agencies, the
Coalition on the Rights of the
Child and other nongovernmental organizations; and
− In 1996 a submission was made to Cabinet for the Child Care and
Protection Act to include existing legislation for the care
and protection of
children, the omissions identified in the review, and new provisions for the
protection of children from abuse
previously identified by the Specialist
Committee on Child Abuse and other organizations. Cabinet approved the
submission in 1997
and it is now in the drafting stage.
- The
speedy resolution of this issue is restricted by the need for consultation at
all levels but the process though slow, is progressing
steadily. To complete
the process of integration, the AttorneyGeneral is considering the inclusion of
the words of the Convention
into the Constitution.
- An
effective and integrated system for monitoring the implementation of the
Convention has been established at several levels:
− The Child Support Unit, which was established to implement and monitor
projects for children funded by UNICEF, leads a Programme
Coordinating Committee
with representatives from all agencies working with children: government
departments, including the Planning
Institute of Jamaica, all nongovernmental
organizations and UNICEF. The terms of reference of this committee are to
monitor and
assist with the implementation of the Children and Youth at Risk
(CYAR) programme. This committee meets monthly and is currently
engaged in
evaluating the National Plan of Action to highlight the outstanding goals for
the year 2001;
− The Planning Institute of Jamaica coordinates a GOJ/UNICEF committee to
monitor the progress and achievements of the programme.
This committee has
representation from government departments dealing with children and UNICEF.
The committee meets quarterly;
− The Ministry of Health, which has responsibility for children’s
affairs, holds a weekly senior directors’ meeting
to discuss progress in
projects, including those involving children. Representatives of
United Nations agencies are invited to these
meetings;
and
− Finally, each year each Ministry and department dealing with children is
required to submit a report to the Human Resource
Council, a subcommittee of the
Cabinet. These reports enable the Council to monitor the implementation of the
National Plan of Action,
to facilitate the expedition of matters to be brought
to Cabinet and to make suggestions for improvement.
- A
comprehensive data system for the collection of data on children is being
developed (paragraphs 28 and 133 of this report).
- All
appropriate efforts should be undertaken to ensure, to the maximum extent of
available resources, and within the framework of
international cooperation, that
sufficient resources are allocated to children. For the policies and actions of
Government on this
item, please refer to paragraph 64 of this report. These
policies have been implemented within the framework of international
cooperation.
A list of the resources and the areas involving children in which
international agencies provided support in 1997 is given
hereunder:
− Canada targeted environmental management, economic competitiveness,
gender equity, enhancement of civil society and poverty
eradication;
− Germany targeted environment, education, health and private
enterprise;
− The Government of the Netherlands continued support in the areas of
health, microenterprise and small business development,
the environment,
economic enterprise, social investment and women in
development;
− The United Kingdom continued to focus on poverty eradication, economic
reform, good governance and education;
− The United States of America, through the United States Agency for
International Development (USAID), provided assistance
to various projects
through grants and loans; and
− Various United Nations agencies, including PAHO, UNDP, UNFPA, ILO
and WFP and in particular, UNICEF, provided valuable assistance
in terms of
grants and technical assistance.
(Table 2 indicates the personnel assigned to Jamaica by organization and
discipline.)
Table 2
Personnel assigned to Jamaica by organization and
discipline
|
Organization/
programme
|
Number of personnel fielded assigned during 1997
|
Number already present
|
Total
|
Discipline
|
Canada
|
CUSO
|
1
|
9
|
10
|
Health, social welfare and administration
|
Netherlands
|
Operational Experts
|
-
|
4
|
4
|
Architecture
|
Japan
|
Japan Overseas Corporation Volunteers (JOVC)
|
20
|
7
|
27
|
Health education
|
|
Japan International
Cooperation Agency (JICA)
Despatch of Experts
|
-
|
-
|
-
|
|
Republic of
Korea
|
Despatch of Experts
|
1
|
-
|
1
|
Horticulture
|
|
CFTC
|
2
|
5
|
7
|
Environment, computer education and engineering
|
United Nations
|
United Nations
Volunteers
|
-
|
5
|
5
|
Health, community development, skills training and statistics
|
|
National Volunteers
|
12
|
-
|
12
|
As above
|
United Kingdom
|
Technical cooperation
|
2
|
4
|
6
|
Security, education, finance and agriculture
|
United States
of America
|
Peace Corps
|
61
|
39
|
100
|
Health, environment and youth development
|
Grand total
|
|
99
|
73
|
172
|
|
- Measures
have been taken to combat traditional attitudes and stereotypes. These are
discussed fully later on in this report in the
sections on family environment
and alternative care, basic health (HIV/AIDS) and education.
- Regarding
the recommendation that further measures be taken to facilitate the registration
of children, steps have been taken to implement
this recommendation fully. The
problems previously identified were twofold: on the one hand there
was lack of space, inadequate staff and archaic equipment in the
office of the
Registrar General, which houses,
inter alia, the records relating to the registration of children; on the
other hand there was need for training of local district
registrars and outreach
programmes to customers island wide. In 1996 the Department was relocated to a
new building, which was constructed
and equipped through joint funding from the
Government of Jamaica and the World Bank under the Social Sector Development
Project.
At the same time, the problems of the previous facility were
addressed: the lack of space was corrected by the improvement of the
infrastructure within the new building. Additional staff was appointed and
modern computers replaced the bulky records which existed.
Seminars and
training courses were held with local district registrars and
several outreach programmes to customers island wide
were conducted. (A
summary of progress from 1996-1998, annex II, can be consulted in the files
of the secretariat.)
- A
flaw in the system of recording infant deaths has been identified. Urgent steps
are being taken to correct this problem by review
of the process of recording
deaths, particularly those of stillborn infants.
- The
revision of the system of early childhood development is outlined in paragraph
216 of this report. The review of the education
system is described in
Education, Leisure and Cultural Activities.
- Efforts
to combat child labour have been intensified. There are a number of children
who are missing school because of their performance
of domestic duties such as
caregiving, farming and casual work. The greatest problem continues to be
street and working children,
who are engaged in vending, newspaper delivery and
domestic service, to the detriment of their education. Despite the efforts of
both the Government and non-governmental organizations to reduce the number of
such children, it was estimated in 1997 that 22,000
children were engaged in the
activities we have described, about 2,500 of these being on the
street.[1] The year 1997
brought these efforts to a climax. With the support of UNICEF, the Government
of Jamaica was represented at the Latin
American and Caribbean Regional
Consultation on Child Labour, in Brazil from 30 July to 1 August 1997. Jamaica
was represented at
a conference in Amsterdam by the Vice-President of the
National Workers Union, and Jamaica, with the assistance of UNICEF and the
ILO,
hosted a National Consultation on Child Labour on 5 September 1997.
Participants in this Consultation were drawn from Government
and
non-governmental agencies serving women and children and its objectives
were:
− To share valuable information and garner feedback on child labour in
Jamaica and its effect on the growth and development
of
children;
− To solicit opinions of participants on how best to tackle the problem of
child labour in Jamaica and to formulate a set of
programmable
recommendations;
− To obtain input from government agencies/non-governmental organizations
for the International Conference on Child Labour
in Oslo, Norway, 27-30 October
1997; and
− To establish a task force to follow up activities in education,
legislative reform, research and income
support.
- Jamaica’s
position, emerging from the deliberations oat the National Consultation,
was presented at the Oslo Conference by Dr.
Glenda Simms, Executive
Director of the Bureau of Women’s Affairs. In a presentation to
the Jamaican Parliament on 3 June
1998, the Hon. Portia Simpson
referred to this background and gave the assurances that the country was now
ready to ratify ILO Convention
No. 138 (1973) concerning minimum wage for
admission to employment.
- Given
the difference between the legal age of employment in Jamaica (12 years) and the
minimum age suggested in the Convention, it
is envisaged that a great deal of
public education will have to be done even after the Convention is ratified and
that the provision
will have to be reinforced by legislation. In addition,
measures will have to be taken to replace the income now provided by the
services of children where applicable.
General measures of implementation
(arts. 42 and 44, para.
6, of the Convention)
- Paragraph
11 is not applicable to Jamaica, which ratified the Convention without
reservation. With regard to a comprehensive review
of domestic legislation to
ensure compliance with the Convention, please refer to paragraph 3 in the
Introduction to the current
report. As for paragraph 13 of the Guidelines, the
Constitution recognizes the rights set forth in the Convention.
- As
the law stands, it is not possible for the provisions of the Convention to be
directly invoked before the courts and applied by
national authorities save
insofar as the rights in domestic law and the Constitution coincide. The
inclusion of the articles of the Convention, if approved by the country, will
change this situation.
- In
the event of a conflict of the provisions of the Convention with those of
national legislation, the latter would prevail. There
are no provisions of
national legislation which are higher than those contained in the Convention.
As the law stands, judicial decisions
do not directly refer to the principles
and provisions of the Convention.
- As
for paragraph 16 of the Guidelines, the remedies available in cases of violation
of the rights recognized by the Convention are
enshrined in the Jamaican
Constitution.
- In
December 1995, the Cabinet of the Government of Jamaica endorsed a National Plan
of Action (NPA) for children in pursuance of the
commitment, emerging from the
World Summit Declaration. This Plan was the synthesis of a number of
conferences and workshops involving
representatives from both government and
private sector agencies. The need for a national policy was identified as a
prerequisite
for the implementation of the NPA; a policy was developed through
the same process of inter-agency collaboration and consultation
and the
recommendations of children in Children’s Parliament. Cabinet approved
the policy in November 1997. (Copies of both
the National Policy and the
National Plan of Action, annexes III and IV, are available in the files of
the secretariat.)
- A
number of mechanisms exist for ensuring implementation of the Convention, for
coordinating policies relevant to children and for
monitoring progress achieved.
The Government departments competent in the areas covered by the Convention are
the Ministry of Health,
which includes the Children’s Services; the
Ministry of Labour, Social Security and Sports; the Ministry of Education, Youth
and Culture and the Ministry of National Security and Justice, which includes
Correctional Services.
- The
activities concerning children within these ministries are coordinated and
monitored by the Child Support Unit, a unit within
the Ministry of Health which
coordinates and monitors the projects supported by UNICEF; the National Plan of
Action Committee, which
is responsible for the implementation and coordination
of the activities in fulfilment of the World Summit Goals from 1996 to 2000.
There is also a Programme Advisory Committee, including representatives from
both Government and non-governmental organizations.
The Children’s
Services Division is the extension arm of Government for the implementation of
the provisions of the Convention.
- There
is no office of ombudsman or commissioner for children in Jamaica. Most of the
functions usually associated with such office
fall within the mandate of the
Office of the Ambassador, Special Envoy for Children. Some of these direct
functions are listed below:
− Facilitator: The Office of the Ambassador enables children’s
agencies to fulfil their mandates. It provides methodological
guidance and
support to increase the effectiveness of children’s
services;
− Referral: It directs potential users to the appropriate agency, making
sure that proper contact and valid follow-up procedures
are in
place;
− Fund-raiser: It assists agencies in preparing projects seeking
financial support to better respond to their mandate. It
also facilitates
establishing contact between donors and recipients; and
− Articulator: It oversees the performance of children’s agencies
as an attempt to prevent unnecessary duplication of
efforts, to detect empty
spaces in the provision of those services and to suggest ways of coordinating
efforts to save resources
without sacrificing quality of
delivery.
- The
Office also indirectly influences the development of social policy concerning
the welfare of children, promotes legislation for
the defence of
children’s rights and educates the population about such legislation and
its proper use.
- In
1993 a Social Indicators Monitoring System (SIMS) coordinated by the Planning
Institute of Jamaica expanded to include the collection
of data on children.
This system will provide data in the near future. Although various research
projects have been implemented
as a
part of the ongoing thrust for
the protection of children’s rights, there is need for further development
and structuring of
such mechanisms and these are the focus for programme
targeting at present.
- It
is recognized that a dedicated research unit for the collection and analysis of
data regarding children needs to be established.
- A
periodic evaluation of progress in the implementation of the Convention is
provided at four levels:
− the Child Support Unit is responsible for reviewing and reporting on
each project completed;
− the National Plan of Action Committee evaluates the implementation of
activities in fulfilment of the World Summit Goals;
− there is a biennial review of projects funded by UNICEF;
and
− the ministers involved in service to children report, through the
Ministry of Health, to the Human Resource Council, an arm
of the Cabinet of
Ministers.
- The
National Plan of Action Committee described above invites to its quarterly
evaluation conferences representatives of various nongovernmental
organizations,
especially those who implement projects funded by international agencies. For
example, the most recent meeting of
that Committee, held on 7 July 1998, was
attended by representatives of nongovernmental organizations who participated in
the evaluation
of their projects, funded by UNICEF. In 1998 a consultation on
the theme “The Children’s Agenda”, was hosted by
the Ministry
of Health and represented a collaborative effort of Government, non-governmental
and private sector organizations to
discuss some of the issues affecting
children and proposed workable solutions.
- The
proportion of the budget devoted to children including health, welfare and
education is set out in the table below, which also
reflects the budget trends
over the last three years. The total budget for recurrent expenditure for
1998/99 was $85,077,508.
Table 3
Proportion of budget devoted to children by
ministry/department
J$ (in thousands)
|
|
1997/98
|
1998/99
|
Family Court
|
42 166
|
34 797
|
39 526
|
Correctional Services
|
44 360
|
61 911
|
66 131
|
Ministry of Labour, Social Security and Sports
|
153 551
|
161 406
|
155 706
|
Ministry of Health
|
190 428
|
252 056
|
267 816
|
Ministry of Education
|
11 152 248
|
15 715 977
|
15 105 837
|
Source: Estimates of expenditure, Government of
Jamaica.
The figures above do not include the budget for the Registrar of
Births and Deaths nor the amount spent on maternal and child health,
because of
the difficulty of extrapolating these data.
- The
amount and proportion of the budget spent on children is identified at the
annual budget discussion between representatives of
the ministries and
departments dealing with children on the one hand, and the Ministry of Finance
on the other, where the coordination
between economic and social policies is
also ensured.
- The
measures taken to ensure that disparities between different regions and groups
of children are bridged and that children in disadvantaged
groups are protected
against the adverse effects of economic polices included the policy of poverty
eradication (described in detail
in paragraph 61 of this report) are guided
by a unit within the Planning Institute of Jamaica for the preparation of
“poverty
maps”, which identify the areas occupied by disadvantaged
families. The Jamaica Survey of Living Conditions has provided an
important
measure of the manner in which household welfare is affected by the
macroeconomic policies associated with structural adjustment.
(A copy of the
Poverty Map, annex V, can be consulted in the files of the
secretariat.)
- It
has not been possible to calculate precisely the proportion of international aid
allocated to children. Many international agencies
contributed to the cause of
children among other things during the period. Some outstanding contributions
are listed below:
− the Government of Germany contributed to education and
health;
− Japan, to education (audio-visual and microfilm equipment for the
National Gallery);
− the Republic of Korea, to health and institutions for children with
disabilities;
− the Netherlands, to education and health;
− the United Kingdom, to education; and
− the United States, through USAID, to family planning, HIV/STD prevention
and education.
- United
Nations agencies contributing include:
− United Nations Development Programme, AIDS/STD education in the formal
school system;
− United Nations Population Fund, family planning and
health;
− World Health Organization, health; and
− United Nations Children’s Fund.
- Of
the international agencies, UNICEF is the most consistent contributor to
children in Jamaica. Through a country programme from
1993 to 1997, for
“children in especially difficult circumstances”, and a new
programme initiated in 1997 with the wider
focus on “children and youth at
risk”, slated to end in 2001, UNICEF has supported projects on advocacy,
health, education,
street children and institutional
strengthening.
- Various
measures have been taken to make the principles and provisions of the Convention
widely known to adults and children alike.
There has been no need to translate
the Convention into other languages since English is spoken at all levels in
Jamaica. However,
various methods of publicizing the Convention have included
governmental conferences, workshops and seminars, the use of radio and
television programmes and the issue of publications.
- The
following are some of the measures sponsored by the Child Support Unit of the
Ministry of Health:
− 1994: a child rights rally - local drama groups made presentations at
schools, communities, marketplaces and plazas to develop
an awareness of the
programme Children in Especially Difficult Circumstances;
− 1995: Children’s Services Division hosted a Parent Day in St.
Thomas for 1,000 persons;
− 1995: presentations of a short play on child abuse in rural agencies,
marketplaces and schools;
− 1995: workshop entitled “Bring back the love” at the
Wyndham Hotel discussed nutrition, health, parenting skills,
conflict and
dispute resolution, and basic money management; and
− 1998: The Children’s Agenda - a collaborative effort of
Government, nongovernmental and private sector organizations
to discuss some of
the burning issues relating to children and propose workable
solutions.
- Training
seminars have been held, including:
− 1994: training of 180 teachers and principals in the detection of
special education needs and management of cases of child
abuse;
− 1995: sensitization of 720 police officers;
− 1997: sensitization of 25 members of the judiciary to the provisions of
the Convention;
− 1997: sensitization of probationers at the Police Training School;
and
− 1998: sensitization of 60 police officers on the
Convention.
- Radio
and television programmes sponsored by the Child Support Unit
include:
− 1994: prepared and delivered radio programme for Children’s
Expo;
− 1995: hosted discussions on legal reform on three radio stations;
and
− 1997: developed radio drama serial “Youth Runnings”. This
drama portrays issues relating to the rights of children.
- Publications
sponsored by the Child Support Unit include:
− 1994: published articles in local newspapers, printed and published
posters and leaflets, and printed and published “Writing
it Right”,
a guide for journalists and producers of radio and television
programmes;
− 1994: Child Guidance Clinic produced 5,000 booklets, printed 10,000
posters on child abuse and produced a video entitled
“Listen to Your
Child”; and
− 1998: printed, published and circulated 3,000 copies of the National
Policy on Children.
- Specific
steps taken to make the Convention widely known to children include a Child
Rights Rally in 1994; the Street Children’s
Conference in 1996 in which
120 street/working children participated; the active participation of children
in the radio drama “Youth
Runnings”; a twoday training workshop
for 30 street children in 1995; a special forum and variety concert held on
Universal
Children’s Day in 1997, with theme “Listen to the
Children”, in which 300 students participated. One innovation
which is worthy of special mention was a programme of empowerment for children
and youth at risk which was taken into schools and
children’s homes,
titled “Yes, I Can”. This project involved the use of music and
drama to develop a positive
selfimage in children. Perhaps the most outstanding
activity under this heading was the staging of a Children’s Parliament
in
1996, when 60 members of Parliament permitted children to assume their
seats for a day’s sitting to encourage child participation
in the
development of a National Policy on Children.
- The
measures adopted to provide education on the Convention to public officials are
discussed in paragraph 257 of this report. The
principles and provisions of the
Convention have been incorporated in professional training curricula to a
limited extent only.
The proposal to include the provisions of the Convention
in the Constitution, which is mentioned elsewhere in this report, will
automatically change this situation. Understanding of the provisions of the
Convention
by the mass media is promoted through the government agency for
information, the Jamaica Information Service, which is constantly
in
communication with all government ministries and departments.
- Many
non-governmental organizations are involved in awareness and advocacy campaigns
on the Convention. Chief among these is the
Coalition on the Rights of the
Child, a
group of nongovernmental organizations with the stated objective, inter alia,
“To educate the general public about the rights
of the children”.
(See the initial report.) This agency is supported by UNICEF. The Child Month
Committee also makes a valuable
contribution, although their activities are
largely confined to the month of May, which is the National Child Month. The
Jamaica
Foundation for Children is also engaged in advocacy, through a hotline
for children which has grown in listenership from 432 calls
in 1995 to 3,251 in
1997, and an annual Children’s Expo which enables other child-centred
agencies, both governmental and nongovernmental,
to promote their
programmes.
- The
activities of the Jamaica Coalition on the Rights of the Child over the fiveyear
period under review include the following public
education
activities:
− Monthly quiz competitions within 35 schools in the Corporate Area and
St. Catherine base on the Convention on the Rights
of the
Child;
− A total of 31 news releases and 10 feature articles were released and
published by the media over the period;
− Two thousand “Children’s Advocate” newsletters
published and circulated quarterly to organizations at the
national, regional
and international levels;
− Eighteen child rights workshops and 17 children’s rights
guestspeaking slots to varying target groups;
− Five child rights workshops for staff of member agencies;
and
− Production of two booklets simplifying the Convention in language more
easily understood by both children and adults. (19951996,
5,000 adult
booklets and 7,000 children’s booklets
circulated.)
- Child
participation activities have included:
− A series of four island wide “Youth Opinion Fora”
(1994-1995), using drama to interpret the Convention and involving
the children
in discussion of issues affecting them. The forums targeted children and
teachers from parishes in the following regions:
Kingston and St. Andrew,
Ocho Rios, Montego Bay and Mandeville (recommendations were
circulated);
− Production of a 15minute documentary, “Laurel’s
Diary”, which was made by children and is an exploration
of youth opinion
in Jamaica - used by Jamaica Broadcasting Corporation (JBC) on several
occasions. Currently used as introduction
to some public education
sessions;
− A series of six island wide child rights rallies (1995-1996) using the
performing arts group “Ashe” to interpret
the Convention in a
dramatic presentation utilizing song and dance. The targeted children,
teachers, parents and community workers
from parishes within the following
regions: Kingston and St. Andrew, Ocho Rios, Montego Bay, Negril, Mandeville,
Brown’s Town.
A discussion on the issues that were highlights in the
drama followed each presentation; and
− Three budget analyses as contributions to Child Month ‘95,
‘96 and ‘97. The exercises gave children an
opportunity to
participate in debates on the national fiscal budget and allowed them to
understand more fully the implications of
budget allocations for programmes
concerned with the welfare of children.
- This
year’s contribution by the Child Month Committee has been particularly
relevant and useful, as it convened a Conference
on Children and Violence with
the aims:
− To present a clear picture of the magnitude of the
problem;
− To find ways to continue listening as our children
speak;
− To continue to share information on violence; and
− To begin an integrated and collaborative approach to the search for
solutions to violence affecting children.
- Representatives
from departments and agencies dealing with children participated and the outcome
of the Conference included several
useful recommendations, which will be
pursued. Apart from the notable agencies which have been described,
approximately nine nongovernmental
agencies have participated in these events
during the reporting period.
- The
process of preparation of the present report was undertaken in two phases over a
oneyear period from July 1997 to June 1998, the
date on which the report falls
due. In June 1997, the consultant who prepared the initial report in 1993,
was contracted by the
Government of Jamaica to coordinate the activities leading
to the preparation of the current report and, eventually, to write the
report.
- Phase
I: From September 1997 to December 1997, a series of five workshops were held,
designed in the short term to obtain material
for the preparation of the report
and in the long term to increase the general knowledge of the provisions of the
Convention.
- The
first workshop included representatives from all government departments and
major nongovernmental organizations dealing with children
and provided general
information on the report and the process of preparation. Copies of the
Guidelines were circulated. For each
of the next four workshops, participants
included persons who work in areas relating to the four clusters of the United
Nations Guidelines
and each workshop used the relevant cluster as a basis for
discussion, with the emphasis on providing answers to the questions raised
as a
way of collecting information and, indeed many of the responses contained in
this report are based on the reports of these workshops.
- Phase
II: A similar process was used in obtaining input from community groups in
six workshops, involving participants from 14 parishes
island wide. The
material gained from Phase II is summarized in annex VI, which can be consulted
in the files of the secretariat.
- Jamaicans
at all levels speak and understand English. It has not, therefore, been
necessary to translate this report into any indigenous
language. During the
process described above, governmental organizations, including a meeting of
judges, and nongovernmental organizations,
participated in workshops and
conferences. The final report was approved by the Cabinet of Ministers before
submission to the United
Nations.
Definition of the child (art. 1)
- This
definition remains unchanged. Please refer to the initial report submitted in
1993. (See paragraph 8 of the Guidelines.)
- The
minimum age of employment is 12 years and the age of completion of compulsory
schooling is 14 years. Specific proposals to correct
this anomaly are included
in the legislative review which is now in progress. In addition to the
amendment of legislation to enable
the child to enjoy fully the right to
education, a great deal of public education is necessary to bring the minimum
age of employment
to international standards. There is no difference in the
legislation between girls and boys.
- The
Government of Jamaica is deeply conscious of its commitment, which was
articulated in the initial report, to bring the definition
of the child in line
with the age given in the Convention. This has been restricted by the delay in
the enactment of the Child Care
and Protection Act. It was now envisaged that
the Act should be a reality soon.
II. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
(Arts. 5, 18, paras. 1-2, arts. 9-11, 19-21,
25 and 27,
para. 4, and 39)
A. Parental guidance (art. 5 of the Convention)
- The
family structures within the Jamaican society can be identified as: the nuclear
family, which includes a man and woman living
in married or commonlaw union with
their children, both natural and adopted; single parents and their children,
foster parents and
their children; extended families, which include aunts,
uncles and grandparents who sometimes support the family unit and often assume
responsibility for the children of single parents.
- The
measures adopted to ensure respect for the responsibilities, rights and duties
of parents and the extended family or community
are both legal and social. They
are set out in the initial report and are therefore not repeated
here.
- The
number of family counselling services and parental education programmes has
grown over the past five years as the activities of
existing ones have
intensified. Children’s Services and Correctional Services are
traditional providers of counselling. Their
efforts
continue. New measures include the establishment of a juvenile unit within
the Police Force and the strengthening of a counselling
unit within the Ministry
of Education and Culture. Parenting education programmes are promoted by a
Coalition for Better Parenting,
a volunteer group spearheaded by social workers
employed by the Ministry of Education and Culture and nongovernmental groups
such
as Help for Parents, which offers training and workshops for trainers and
parents; Fathers Incorporated and Parenting Partners.
In addition, many
churches now offer family counselling services. All these agencies convey
knowledge and information about child
development and the evolving capacities of
the child in their various programmes. So far, there has been no structured
evaluation
of their effectiveness although there is usually an evaluation at the
end of each series of workshops.
- Many
activities of both Government and non-governmental agencies are directed at
ensuring respect for the principles of the Convention.
The main thrust by the
Government has been the eradication of poverty. In 1995 the Prime Minister in
his budget debate speech announced
the intention of the Government to reduce
poverty by:
− efficient, equitable and flexible human resource development
strategies;
− a welfare system widened to have greater coverage of needy persons and
streamlined for more efficient administration; and
− an integrated programme of poverty reduction activities geographically
targeted to deprived communities.
In pursuance of these
goals, in 1997 Parliament approved Jamaica’s policy towards the
eradication of poverty and the companion
National Eradication Programme. In the
same year the First United Nations Decade for the Eradication of Poverty
(1997-2006) was
launched and 17 October was observed as the
International Day for the Eradication of Poverty.
- On
a practical note, the level of poverty recorded in 1996 (26.1 per cent) showed
a 1.5 per cent decline relative to
1995;[2] there were increases
in the access to land by the poor, expansion in educational and training
facilities and an increase in community
development activities funded by the
Jamaica Social Investment fund. All these activities had a direct impact on the
rights of the
child, particularly the child of the poor, to non-discrimination,
to life and to survival and development. Respect for the views
of the child is
reflected in legislation like the Children’s Guardianship and Custody Act
(see the initial report), in the
proposed Child Care and Protection Act, and in
a Children’s Parliament in 1996, when members of Parliament allowed
children
to take over their seats for a day and conduct a session of Parliament
to discuss the National Policy on Children, then in the preparatory
stages.
Some of the children’s thoughtful and informed suggestions were actually
included in the final draft of the policy.
- On
an even more immediate level, a “breastfeeding week” emphasized the
importance of breastfeeding and the right to life
was emphasized by the
upgrading of the maximum age for treatment in the Bustamante Hospital for
Children, the island’s only
facility for the exclusive use of
children. This hospital, which treated children ages 010 years, now treats
children
aged 012 years.
- In
addition to these measures, the child’s voice has been heard during an
annual Child Month staged by a voluntary committee
and the continued activities
of the Coalition on the Rights of the Child, which are detailed in the
introduction to this report.
Other activities which emphasize the child’s
right to be heard are:
− a Street Children’s Conference held in 1996 to bring street
children together in a warm environment, allowing them
to raise their concerns
and exposing them to another way of life;
− a Universal Children’s Day with the theme “Listen to the
Children” in 1997; and
− the establishment of Child Rights Support Clubs in Schools in
1998.
- The
chief difficulties encountered in the implementation of article 5 lie in the
societal perception of the mother as the parent with
responsibility for the
child. This has improved in recent years as shown by empirical data, e.g. an
increased number of fathers
seek custody of their children in the courts, by
observation of an increase in the general interest of fathers in their children
and by the formation in 1994 of a vibrant group called Fathers Inc., which
offers counselling in parenting to young men.
B. Parental responsibilities (art. 18, paras. 1-2)
- Refer
to the initial report for information on the consideration given by the law to
parental responsibility.
- Assistance
to parents and legal guardians in the performance of their childrearing
responsibilities is available from the Children’s
Services Division of the
Ministry of Health; the counselling division of the Ministry of Education and
Culture; the Social Development
Commission, a community-based organization, the
counselling section of the Family Court; the Social and Economic Support
Programme
for pregnant and lactating mothers; the Food Stamp Programme; and the
Child Guidance Clinic within the Ministry of Health, which
offers guidance and
support to the parents of disturbed children and treatment to children with
emotional and mental problems.
- Children’s
Services and the Probation Service are responsible for the placement through the
courts of children needing alternative
care as well as voluntary supervision of
families and children in trouble.
- Children
from families belonging to the most disadvantaged groups are given special
attention by Children’s Services and the
Probation Services; by the Poor
Relief Department, which administers assistance to the needy; and through the
school feeding programme
of the Ministry of Education and Culture. The point
must be made that single-parent families do not necessarily belong to the most
disadvantaged groups. Increasingly, professional single women and men have
chosen to have or adopt children. In addition, children
who are orphaned or
abandoned are sometimes adopted by family members. For example, in 1997
adoption orders were made by the courts for 15 male and 156
female children to
be adopted by single parents. Of these parents 26 were grandmothers, 60 aunts,
10 uncles and 4 sisters, while
71 were not related to the children. Of these
cases 32 applications were received in 1997 alone.
- The
children, especially those in extreme poverty, benefiting from food stamps are
reflected in Table 4 below.
Table 4
Food stamp programme
Beneficiaries by category and target achieved, December
1997
|
|
Number of
beneficiaries
1996
|
Percentage of
target 1996
|
Number of
beneficiaries
1997
|
Percentage of
target 1997
|
Pregnant/lactating womena
|
30 000
|
25 526
|
85.1
|
30 833
|
102.8
|
Children 0-6 years
|
150 000
|
103 917
|
69.3
|
96 626
|
64.4
|
Elderly poor/disabled
|
100 000
|
29 485
|
29.5
|
74 410
|
74.4
|
Single person household (under $7 000 p.a.)
|
20 000
|
50 331
|
251.6
|
17 217
|
86.1
|
Family plan household of 2 or more (under $18 000 p.a.)
|
50 000
|
42 369
|
84.7
|
41 050
|
82.1
|
Total
|
350 000
|
238 102
|
68.0
|
260 136
|
74
|
Source: Ministry of Labour, Social Security and
Sport.
a Figures for this category for both year are
counted manually.
C. Separation from parents
- The
measures adopted where the child must be separated from his parents, as in cases
of abuse and neglect, are different from those
adopted where parents live
separately and a decision must be made as to the child’s place of
residence. The procedure common
to both sets of circumstances is that the
Family Court or the Juvenile Court has the responsibility to make the final
decision, subject
to the recommendations of social workers. In the former case,
under the Juveniles Act a children’s officer, a probation officer
or a
police officer has the right to remove the child from home to a “place of
safety”, having investigated the complaint.
The Court, after hearing the
history of the alleged abuse and considering the child’s circumstances,
can make an order deeming
the child in need of care and protection and placing
him/her in the care of a State
agency which has the responsibility for placing the child in a foster home or
children’s home. This is only done after evidence
from the parents, the
social worker and the child, if old enough, has been heard. Every effort is
usually made, at all levels, to
ascertain whether it is necessary to remove the
child from the home before such an order is made. The order is usually made to
encompass
a stated period after which the matter would be reviewed by the
court.
- In
the latter case, the matter comes before the court on the application of one or
both parents. It is usually postponed after the
first hearing, after which an
investigation is made, at the request of the judge, of the circumstances of both
parents. At a second
hearing the court considers the report of the social
worker and hears the views of the child before making an order. This matter
comes under the Children’s (Guardianship and Custody) Act, which states
explicitly that the decision should be “in the
best interest of the
child”.
- Even
in proven cases of abuse or where only one parent applies for custody of a
child, the Court does not take a decision without
hearing the views of the other
parent. The hearing is sometimes postponed to ensure this. Similarly, the
views of the child are
always sought and heard by the court and these influence
the decision, save where they conflict with the best interest of the
child.
- The
child who is separated from one or both parents has the right to maintain
personal relations and direct contacts with both parents
on a regular basis save
where (as in some cases of abuse) it is contrary to the best interests of the
child. However, this practice
is not reinforced by law and will be given
consideration in the law reform now in progress.
- With
reference to the request for data in this paragraph of the Guidelines, it is
regretted that the disaggregated information is
not available at this time. The
reason for this omission is directly related to the need for a central data
system, identified in
paragraph 28 of this report, dedicated to the collection
and analysis of data regarding children. This is one of the targets set
for the
future.
D. Family reunification (art. 10)
- There
is provision for the issue of a passport or an emergency certificate by the
Ministry of National Security and Justice to facilitate
the application of a
child or his or her parents who wish to leave or enter the country for the
purpose of family reunification.
Although the attitude of the Jamaica
Government is consistently humane, the success of such applications to leave the
country is
often restricted by the immigration status of the child or his or her
parents. In all such cases there is machinery for the aid
of the relevant
embassies or consulates to be sought through the Ministry of Foreign Affairs
and, in exceptional cases such as those
involving illness, there is direct
intervention by the State to the foreign Government. An outstanding recent
example involved the
case of a parent who wished to visit a seriously ill child
in an American hospital. Such a request entails no adverse consequences
for the
applicants or the members of their families.
- There
is no evidence of discrimination on any grounds in such cases and applications
are considered in the light of the general principles
of the
Convention.
- There
are two situations in which it would be necessary to ensure the rights of a
child whose parents live in different parishes (States)
to maintain on a regular
basis personal relations and direct contacts with both parents. On the one
hand, if custody of a child
had been given to one parent, the Court Order would
make explicit provision for access and visiting rights to the other parent, save
where the exercise of these rights are not in the best interests of the child.
On the other hand, if a child is removed from home
in his or her best interests,
both parents are encouraged to visit the child, who is also sometimes went
“home on trial”.
The exceptions to these measures would be made
where one parent or the other had been guilty of abuse of the child leading to
his
or her removal from home or where, for any other reason, his contact with
the parent was regarded as contrary to his or her best
interests.
- The
Immigration Department within the Ministry of National Security and Justice has
the responsibility to issue passports which would
under ordinary circumstances
permit a child and his or her parents to leave any country, including their own,
and to enter their
own country. There are no restrictions to prevent them from
entering their own country. Under extraordinary circumstances, a child
and/or
his or her parents could be prevented from leaving their own country if they
were in conflict with the law or were victims
of conditions which were regarded
as a danger to public health. In such cases, restriction could be imposed by
the issue of a “stop
order” by the courts and/or the seizure of
travel documents by the police.
- Facilities
exist, as outlined above, for the implementation of article 10 as it affects
family reunification. Although the process
could be facilitated by the easing
of immigration laws and visa requirements to enter other countries especially
the United States
of America, these measures are outside the powers of the
Government of Jamaica. However, constant dialogue is conducted to ensure
cordial relationships between the Government of Jamaica and the embassies and
consulates of other countries.
E. Illicit transfer and non-return (art. 11)
- The
only bilateral or multilateral agreement to which Jamaica is signatory is the
Convention for the Suppression of Traffic in Women
and Children, which Jamaica
signed in 1965. Although it is many years before the period under review, it is
mentioned here as it
was not included in the initial report.
F. Recovery of maintenance for the child (art. 27, para.
4)
- The
legislative, administrative and judicial measures and mechanisms or programmes
developed to secure the recovery of maintenance
for the child from the parents
or other persons having financial responsibility for the child, both within the
State and abroad,
are set out in the Family Environment and Alternative Care
section of the initial report.
- Although
the legal and administrative structures exists, there are difficulties in
recovering maintenance for the child. Birth registration
is not really a
problem as the court will accept alternative proof of birth such as a baptism or
school record. However, problems
range from a
lack of commitment on the part of fathers, resulting in their reluctance to
come into court to difficulty in enforcing orders due
to inadequate staff. It
is hoped that the situation will improve following the restructuring of the
Family Court under the Juvenile
Justice Programme sponsored by UNDP and
UNICEF.
- The
process of birth registration has been greatly improved by the improvement of
the infrastructure. However, a difference between
the data supplied by the
hospitals and those recorded by the Registrar General has made it necessary to
review the system of recording
being implemented in both institutions, to ensure
accuracy, with special reference to the mortality rate among
newborns.
G. Children deprived of their family environment (art.
20)
- Children
are only deprived of their family environment when, in their own best interests,
they cannot be allowed to remain. Before
the court gives an order for the
removal of such a child from home, the option of placement with a family member
is explored. Failing
such a placement, foster placement or placement in a
children’s home provides alternative options, with foster placement as
the
first choice. Adoption is regarded as a highly desirable option and indeed,
there is a successful adoption programme, but this
solution is not always
available because, though the law gives the court the power to waive the consent
of the parents where such
a course is in the best interests of the child, the
court often takes into account a deep cultural resistance to giving up children
for adoption.
- The
placement of children in institutions is only done if it is absolutely necessary
and the progress of such a child continues to
be monitored by a children’s
officer with whom the child has established a relationship.
- In
providing alternative care, due regard is paid to the desirability of continuity
in the child’s upbringing. Table 5 below
gives information on the
children concerned.
Table 5
Statistics from Children’s Services Division
1993-1997
|
|
1994
|
1995
|
1996
|
1997
|
Number placed in foster home
|
120 Males
100 Females
220 Total
|
110 Males
90 Females
200 Total
|
99 Males
96 Females
195 Total
|
99 Males
101 Females
200 Total
|
150 Males
147 Females
297 Total
|
Number placed in children’s home
|
120 Males
65 Females
185 Total
|
130 Males
70 Females
200 Total
|
142 Males
60 Females
202 Total
|
132 Males
84 Females
216 Total
|
210 Males
134 Females
244 Total
|
Table 5 (continued)
|
|
1994
|
1995
|
1996
|
1997
|
Number placed in home on trial
|
45 Males
30 Females
75 Total
|
45 Males
35 Females
80 Total
|
50 Males
40 Females
90 Total
|
55 Males
45 Females
100 Total
|
82 Males
34 Females
116 Total
|
Number abandoned
|
47 Males
43 Females
90 Total
|
56 Males
49 Females
105 Total
|
76 Males
56 Females
128 Total
|
50 Males
42 Females
92 Total
|
49 Males
34 Females
83 Total
|
Number of fit person orders made
|
350 Males
270 Females
620 Total
|
417 Males
298 Females
715 Total
|
292 Males
247 Females
539 Total
|
271 Males
214 Females
485 Total
|
214 Males
206 Females
420 Total
|
Number of supervision orders made
|
130 Males
110 Females
240 Total
|
192 Males
109 Females
301 Total
|
143 Males
190 Females
333 Total
|
136 Males
162 Females
298 Total
|
178 Males
172 Females
350 Total
|
Number of persons making request
|
1 700 Males
2 437 Females
4 137 Total
|
1 900 Males
3 100 Females
5 000 Total
|
2 293 Males
3 514 Females
5 807 Total
|
1 468 Males
2 852 Females
4 320 Total
|
1 886 Males
4 667 Females
6 553 Total
|
Source: Children’s Services Division.
- Some
progress has been achieved in the implementation of article 82 of the
Convention. There is greater public awareness of the needs
of children who have
to be removed from home resulting in an increased number of available foster
parents.
- Difficulties
encountered include a parental resistance to the removal of children, however
badly treated, from home and the cultural
resistance of parents to the changes
arising from training. A major target is the reduction of children coming into
care by supporting
parents through preventive work.
H. Adoption (art. 21)
- There
are legislative, administrative and judicial measures to ensure that the best
interests of the child are the paramount consideration
in implementing the
system of adoption, which is recognized and permitted in
Jamaica.
- The
adoption of a child is recommended by the Adoption Board, a statutory
organization established by the ministry with responsibility
for
children’s affairs, on the recommendation of (after investigation) a team
of social workers employed by the board. The
power to grant or refuse an
adoption order rests with the Family Court and Resident Magistrates Court, to
which the matter is submitted
by a social worker on behalf of the
board.
- The
adoption of children falls under the Adoption Act of 1958, which gives in detail
the procedures which should be followed. There
are two main sources from which
children in need
of adoption can be found: women, usually single, who cannot afford to keep
their babies, and children who are abandoned or whose
parents have died or are
unable to care for them. Persons wishing to adopt children visit the Adoption
Board and their names are
noted.
- Under
ordinary circumstances, the law requires that the parents of a child put up for
adoption should sign a prescribed form of consent,
after an interview by a
social worker whose duty it is to ensure that the parents are aware of the
alternatives to and consequences
of adoption. In the case of abandoned
children, the Director of Children’s Services stands in loco parentis and
signs the
consent where applicable. In cases where the parents of children in
care show no real intention or ability to make provision for
their children, the
court is asked by the social worker to exercise the power under the law to waive
the consent of parent or guardian.
In every case the views of the child, if he
or she is able to express them, are taken into consideration.
- Several
safeguards exist, both in law and procedures, to protect the rights of the
child; the law provides that the parent’s
consent is not valid until the
child is 6 weeks old; in the case of an abandoned child, advertisements must be
placed in popular
publications giving whatever information is known to allow
parents to come forward; both child and prospective adopter must be subjected
to
a complete medical examination; and the child has to be resident in the home of
the prospective adopter for a period of three
months before an application for
an adoption order can be entertained by the court. In practice, social workers
assigned to cases
of adoption are trained to preserve the highest level of
confidentiality; to perform detailed and timely investigation and to ensure
that
the requirements of the law are met in the best interests of the child. After
the adoption order is made by the court, the
child enjoys the rights and
privileges of his new home as if he had been a natural child. As the law stands
now, he does not have
the right to know his or her biological parents. This
right and its implications for the child and the adoptive parents are currently
the subject of debate in the context of law reform.
- It
is the declared policy of the Adoption Board that intercountry adoption is
considered as an alternative means of care only if he
or she cannot [...] in any
suitable manner be cared for in the child’s country of origin. The need
for this usually arises
in respect of children whose age or disability make them
unattractive to local prospective adopters. The law explicitly forbids
the
adoption of children for financial gain.
- Arrangements
exist with social work agencies abroad for the follow-up process leading to the
adoption of children. The best interests
of the child prevail as a paramount
consideration.
- No
new bilateral or multilateral agreements have been concluded by the State to
promote the objectives of article 21 during the period
under review. However,
measures are adopted on a countrytocountry basis to ensure that the placement of
a child in another country
is carried out in cooperation with competent
authorities. At this time the countries involved are Sweden and Denmark, all
Commonwealth
countries and some States in the United States. Arrangements for
intercountry adoptions with Sweden have been very satisfactory.
The adoption
agency in that country undertakes home studies and medical examinations of
prospective adoptive parents and submits
the report, translated and notarized
through the Jamaican consular representative in Sweden. The Swedish agency also
supervises
the placement and informs the Jamaican Adoption Board when the
adoption can be completed.
- Arrangements
for placement of children in the United Kingdom are also satisfactory as those
are done through the local authorities
and the placements are supervised.
Similar arrangements exist with Canada through the national adoption desks and
the United States
of America on a StatetoState basis.
- During
1997, 30 children were sent to the United States for adoption, 4 to Canada, 1 to
Sweden and 1 to the United Kingdom. Of these,
14 were female and 22 were
male.[3]
- Progress
has been achieved in the implementation of article 21 by way of improvement in
societal attitudes towards the process of
adoption and an increase in the local
demand for children to adopt.
- Difficulties
encountered have arisen from large case loads and inadequate resources. Because
of this, records are sometimes lacking
in details outside of the information
required to suit the immediate needs of the adoption process. Targets improve
both the content
of records and the machinery for recording-keeping. Special
funding is being sought to computerize the records of adopted children.
As the
law stands, adopted children do not have the right to know their natural parents
or to access their original birth records,
except by court order in exceptional
circumstances. This sometimes causes trauma for adopted children and another
target is to amend
the law to give the adopted child the right to know his or
her natural parents and to access birth records.
I. Periodic review of placement (art. 25)
- There
is provision for the periodic review of the situation of the child placed in a
public or private institution, both to ensure
his or her physical and mental
health and to assess whether or not the placement should continue, taking into
consideration the facilities
available in the institution, its ability to
satisfy the developing needs of the child and any changes in the situation of
the parents.
- The
main authority considered competent to make such a review is the
Children’s Services within the Ministry of Health, which
is headed by a
director, with a deputy director with special responsibility for institutions.
The final responsibility for the review
lies with the director through his
deputy. The review is conducted at various levels and it relates generally to
the institutions
and to the specific child. Thus, there are periodic meetings
with superintendents and assistant superintendents of institutions
to discuss
policy relating to all institutions, which are assessed on their ability to
provide supervision, accommodation, education
and/or skill training, recreation
and health care. On another level, each child who is placed in an institution
is assigned to a
social worker, whose duty it is to assess and monitor the
child’s progress in terms of health and development; the social worker
could take the case of an individual child to a case conference and, arising
from this process of ongoing monitoring and examination
in conference, a
decision could be taken to remove the child to another placement such as foster
care or, where this is possible,
adoption.
- Finally,
children in institutions are sometimes sent “home on trial”. As the
name suggests, this is the temporary placement
of a child in his own home by the
Children’s Services, even while the court order for his/her removal is
still in force. The
situation is carefully monitored and reviewed before it is
recommended to the court, which has the final authority to rescind an
order,
that the child should be returned home on a permanent basis. The situation of
children placed in institutions is usually
reviewed after six months or more
frequently if the need arises. All action that is taken has regard to the
wishes of the child
and his or her best interests.
J. Abuse and neglect (art. 19), including physical and
psychological
recovery and social reintegration (art. 39)
- An
amendment to the law against incest, proposed in 1996, but not yet enacted,
widened the definition of incest to include guardians
outside of a direct blood
relationship. The Domestic Violence Act of 1996 also provides additional
protection of children from abuse.
- These
laws are administered in the Juvenile and Family Courts; the police, the
Children’s Services of the Ministry of Health
and the Correctional
Services of the Ministry of National Security and Justice are responsible for
their administration.
- A
child or his/her representative who is the victim of any form of abuse, can
complain direct to the Clerk of the Courts, social agencies,
clinics and the
police. Cases of abuse are often reported by professionals (for example,
guidance counsellors) and interested neighbours
and friends. Procedures exist
for intervention by the Children’s Services, the Probation Service and the
police where a child
requires protection. If necessary, representatives of any
of these agencies are empowered to take such a child before the Courts
for
permission to remove him or her from home. The police have the right to
prosecute the abusive parent or guardian.
- Many
programmes exist to promote non-violent forms of discipline, care and treatment
of the child. These include Peace and Love in
Schools (PALS), a programme
sponsored by an NGO; a conflict-resolution programme within the police force;
the Guidance and Counselling
Unit within the Ministry of Education; Help for
Parents, an NGO; Woman Inc., a women’s group; the Coalition for Better
Parenting;
and a sports programme in the inner city. Awarenessraising campaigns
are launched on an ongoing basis, by media coverage of the
situation of
children, PALS; Jamaica Coalition on the Rights of the Child; Young
Women’s Christian Association; and many other
community-based
organizations, both government and nongovernment. Special mention must be made
of the Child Month Committee, a voluntary
group which concentrates its efforts
in May of each year and has initiated a number of activities relating to
violence against children.
- The
most recent collection of data on the abused child, disaggregated as required in
the Guidelines, is contained in a study by Dr.
Pauline Milbourn of the Child
Guidance Clinic; the report on her work is reproduced in its entirety in annex
XI.
- A
number of programmes exist to provide necessary support for the child and those
who have the care of the child including rehabilitation
mechanisms. One
important programme is the Women’s Centre Foundation of Jamaica, which
provides continuing education and counselling,
with the emphasis on Family Life
Education, for young girls who have become pregnant while in
school. This programme has been in existence since 1972. It has assisted
1,445 young mothers in the Adolescent Mothers’ Programme
in 1997, bringing
to 21,572 the number of young mothers assisted since its
inception.[4] The Foundation
also recognized the importance of working with the fathers of the babies, and
counselled 950 fathers and provided
assistance in finding employment or
training.[5] Another important
programme is the Rural Support Organization, which operates in a rural area to
administer a teenage mothers project,
a male adolescent programme, a roving
caregivers/home-based nurseries project and a youth development project. All
these programmes
aim to provide guidance and counselling to male and female
adolescents and, inter alia, to offer rehabilitation of pregnant teenagers
and
male adolescents who are dropouts from the school system.
- The
Teenage Pregnancy Project is an outreach programme of the counselling section of
the Family Court. It offers counselling and
assistance to the expectant mothers
who attend the prenatal clinic at the Victoria Jubilee Hospital, the
island’s major maternity
hospital.
- Other
programmes which provide social support for the abused child and his parents
include the Attendance Centre, an arm of the Family
Court, and Children First,
an NGO which caters to street children; a university programme for childcare
providers; and various other
similar programmes.
- The
identification, reporting, referral, investigation, treatment and follow-up of
instances of maltreatment are partially ensured
by the existence of a Central
Registry within the Ministry of Health. This was established on the
recommendation of the Task Force
on Child Abuse
of 1988 (see section on
Family Environment and Alternative Care in the initial report), and has been
implemented on a voluntary basis.
There are parish teams which collect and
refer information on a monthly basis to the registry. While its existence is
useful, it
is envisaged that its inclusion in the proposed legislation will
increase its impact. The follow-up on cases reported is undertaken
by the
social workers who comprise the parish teams.
- There
is no formal system of mandatory reporting for professional groups working with
children. This measure is listed for inclusion
in the proposed legislation
(also refer to the initial report). The categories of professionals to be
included are medical practitioners,
social workers and police.
- The
chief confidential helpline for child victims is sponsored by the Jamaica
Foundation for Children with the support of UNICEF and
a number of private
commercial organizations. Children and their parents can also ask for help by
calling the Family Court hotline.
- Special
training for professionals is included in the curricula of teacher training
institutions. These include the University of
the West Indies; United
Theological College, the Jamaica Theological Seminary, the West Indies College
and the Caribbean Graduate
School of Theology, institutions for the training of
religious workers.
- Measures
to ensure the physical and psychological recovery and social reintegration of
the child victim of any form of neglect, exploitation
or abuse are pursued in
the programmes of the Child Guidance Clinic, a unit for troubled children within
the Ministry of Health;
the Comprehensive Clinic, a general health clinic in the
same Ministry; medical support services by the Children’s Services;
the
Police Rape Unit and Juvenile Units; the LEAP Centre, a programme for street
children run by the Ministry of Education; the MICO
Youth Counselling Centre,
sponsored by a non-governmental organization and several non-governmental
agencies.
- There
has been some progress in the implementation of the Convention articles
discussed in this section of the report, that is articles
5, 18, paragraphs 1-2,
9-11, 25, 27, paragraph 4, and 39. High among the indicators of progress
is the ongoing process of law reform.
Although the time taken for the
completion of this process has been longer than anticipated, it has ensured the
participation of
all segments of the society, which can only in the long term
facilitate the implementation of the laws, when enacted.
- Another
important indicator of progress has been the move to establish a
Children’s Services Corporation, which would facilitate
enormously the
delivery of service to children and parents in the context of the family as a
whole. The exploration of this project
has been ongoing for the past three
years and has involved Government and non-government agencies at all levels. A
proposal is now
being prepared for submission to Government for
approval.
- In
addition, there have been attempts to establish monitoring systems, a sharp
increase in public education and public knowledge both
on the provisions of the
Convention and the issues emerging from it such as abuse. The introduction of
Child Rights Support Clubs
in Schools has been a major step
forward.
- Lack
of resources, human and financial, continues to be the leading difficulty
encountered. Ineffective networking leading to an
overlap of function of
agencies has been a problem, which has, however, been reduced by increased
cooperation, particularly between
Government and non-governmental organizations.
For the future, the targets must include an improvement in the areas which are
now
seen as difficulties; for example, the expedition of the legal reform
process; an ongoing review of the partnership between the Government
of Jamaica
and the nongovernmental organization sector; and the improvement of systems for
monitoring the implementation and evaluating
the impact of programmes, to
include a more efficient data collection system.
III. BASIC HEALTH AND WELFARE
(arts. 6, 18, para. 3; arts. 23, 24, 26 and 27, paras. 1 and
3)
A. Disabled children (art. 23)
- Jamaica’s
initial report, submitted in 1993, recorded that services to the disabled child
have been increased in accordance
with article 23, both as regards special care
and education. There has been an increase in public awareness of the needs of
the
disabled, largely due to the activities of a number of nongovernmental
organizations, which have combined to provide a formidable
instrument for
advocacy.
- This
continues to be fair comment with the variation that the activities of the
Government in the interest of the physically or mentally
disabled child have
widened in the past five years.
Nongovernmental organizations have continued to be active, particularly in
the implementation of programmes, and the performance of
both Government and
NGOs has been strengthened by the financial support of UNICEF.
- Two
major developments support the comments in the preceding
paragraph:
− A draft policy paper on disability has been prepared in a joint
initiative by a number of NGOs and government representatives,
supported by
UNICEF;
− In 1997, for the first time, the Government of Jamaica provided funding
for community-based programmes. A list of the major
agencies currently offering
service to the disabled child is given below:
(i) Government organizations:
− Ministry of Education, Special Education Unit;
− Ministry of Health;
− Ministry of Labour, Social Security and Sports (Early Stimulation
Project); and
− Mona Rehabilitation Centre;
(ii) Non-governmental organizations:
− Brothers of the Poor;
− Clarendon Group for the Disabled;
− Jamaica Association for Children with Learning Disabilities;
− Jamaica Association for the Deaf;
− Jamaica Association for Persons with Mental Retardation;
− Jamaica Society for the Blind;
− McCam Child Care and Development Centre;
− Mico CARE Centre - Child Assessment and Research in Education;
− Mustard Seed Communities;
− National Children’s Home - Residential;
− Private Voluntary Organizations Ltd.;
− Salvation Army School for the Blind;
− 3D Projects, Spanish Town; and
− West Haven Children’s Home.
- It
is emphasized that the information recorded in this section of the current
report is a continuation of an ongoing thrust even before
1993 and includes all
measures which were not mentioned in the initial report.
- In
an effort to ensure the disabled child’s enjoyment of a full and decent
life in conditions which ensure his dignity and self-reliance
both
non-government and government agencies have sponsored early stimulation
programmes, parent training, parent support groups and
income generating
projects for parents. Similarly, to promote the child’s enjoyment of his
or her rights without discrimination,
there has been community orientation to
include community health workers, teachers and other community personnel; the
training of
parent’s groups in the
Rights of the Child; advocacy with
parents and schools; counselling of children with
disabilities by guidance
counsellors and others and the issue of significant publications,
“Children have rights too”
by the Coalition on the Rights of the
Child, supported by UNICEF and the Save the Children Fund. In addition, there
have been regional
forums on children’s rights.
- The
child’s active participation in the community has been promoted by the
encouragement of parents by community and health
workers to get children with
disabilities involved in community activities such as fairs; schools have held
open days with the participation
of children with disabilities; and some
churches have initiated programmes for training church workers and youth groups
in sign language.
Special mention must be made of Disabilities Awareness Week,
a feature spearheaded within the last few years by community groups
to showcase
the work done by children with disabilities.
- The
child’s access to education is one area in which considerable progress has
been made by the introduction of a number of
concrete measures:
− Children with disabilities are admitted to regular schools as their
capabilities permit;
− Support is provided for teachers in such schools by community-based
rehabilitation workers;
− Two secondary schools and several primary schools have been equipped
with special education teachers. It is hoped to expand
this programme to all
schools;
− The Ministry of Education and the Jamaica Teachers’ Association
have sponsored presentations at conferences and teacher-training
programmes to
sensitize teachers to the needs of the disabled child;
− The Ministry of Education and the Ministry of Health have collaborated
in developing a school health programme which includes
special interventions for
disabled children; and
− Perhaps the most revolutionary measure under this heading is the
introduction by Government of the provision for access to
national examinations
for children with disabilities. In 1997, for the first time, five students from
the Salvation Army School
for the Blind were allowed to sit the Common Entrance
Examination in Braille for entry into secondary and high schools. This
ambitious
programme is restricted by the difficulty of children with
disabilities competing with other children within the same time
frame.
- With
regards to the child’s access to training there are community-based
rehabilitation programmes in 12 out of 14 parishes.
These are inclusive of
early intervention. Several measures have been taken to ensure Health Care for
the child with disabilities.
These include:
− One major research project into community health workers’
attitudes;
− A training programme for community health aides, nurse practitioners,
doctors and other community health workers on a parish
by parish basis, which is
still in progress; and
− An attempt to include special provision for the care of children with
disabilities in the medical curriculum at the University
of the West
Indies.
- Rehabilitation
has been facilitated by the availability of aids for disabled children, through
a project called Adaptive Aids for
making special equipment for children such as
wheelchairs, crutches and prostheses. This is sponsored jointly by the Mona
Rehabilitation
Centre and the technical department of Mico Teachers College.
There continues to be need for additional service such as physiotherapy
for the
disabled child. A number of small programmes in special schools have been
developed for the preparation of disabled children
for employment where
possible. However, there is the need for expansion of this programme and this
is one of the targets. The child’s
access to recreation is assured by the
existence of a strong unit within an NGO, the Private Voluntary Organization.
The team which
goes to the Special Olympics has had outstanding success and is
well supported by the community.
- The
consideration given to inclusion of disabled children together with children
without disabilities in the education system has
been discussed earlier in this
section as it refers to education. One outstanding school comes to mind. The
Hope Valley Experimental
school, which was established in 1972 continues to
include children with disabilities and children without and continues to have
outstanding success in submitting children to the Common Entrance Examination,
as their abilities permit.
- All
agencies work on the extension of services to eligible children. This is done
as part of their regular services to clients.
Assessment services, already
existing in parishes, were extended to three new parishes. One new residential
home was established
by an NGO. There have been appropriate infrastructural
improvements such as ramps built in some public institutions and the
installation
of larger bathrooms with rails to accommodate the disabled. It is
fully accepted in principle by Government and NGOs that assistance
should be
provided free of charge to the child with a disability, taking into account the
financial resources of parents or other
caregivers. However, in practice this
has been increasingly difficult to maintain as many NGOs have been forced to
make charges
due to reduction in international and other funding. However, no
disabled child is refused service because of the inability of the
parent or
caregiver to pay.
- In
1993 a Social Indicators Monitoring System coordinated by the Planning Institute
of Jamaica expanded to include statistics on the
number of children with
disabilities but these do not include any system for the identification and
tracking of disabled children
nor for an appropriate monitoring mechanism. The
development of these facilities is one of the targets for this
programme.
- An
extensive training programme for parents and all levels of community workers
with disabled children was conducted on an ongoing
basis from 1994-96. Training
Programmes for institutional staff began in 1996. All training programmes focus
on the physical and
emotional needs of children with disabilities. These
activities have been strongly supported by UNICEF.
- The
Government of Jamaica has demonstrated, both by word and action its commitment
to the promotion, in the spirit of international
cooperation, the exchange of
appropriate information in the field of preventive health care of disabled
children. This is illustrated
by the country’s adoption of the Copenhagen
Declaration and Plan of Action of 1995, particularly Commitment 4 as it affects
“disadvantaged groups and vulnerable persons”.
- As
a sequel to the Summit of 1995, the Government approved the establishment of a
Task Force with the specific objective of implementing
the Copenhagen Plan of
Action to include nongovernmental organization representation. The agencies
which deal with children with
disabilities are in contact with the Caribbean
Association for Mental Retardation and other Disabilities, which organizes
training
and issues literature. All agencies are exposed to training from
professionals sponsored by various United Nations agencies and
other donor
agencies (e.g. USAID).
- The
Early Stimulation Project, a government unit, has arranged inter-agency
workshops; there is a National Parent Advocacy group funded
by the Norwegian
Association for Children with Disabilities; and one outstanding nongovernmental
organization produces training manuals
and videos which are marketed locally,
regionally and internationally in Norway, the Netherlands, Africa and India.
Local agencies
participate in conferences and workshops in the region and in
1997 one agency presented a paper on supportive employment for the
disabled
child at a conference in Norway.
- The
Jamaica Society for the Blind, as a member of the Caribbean Council for the
Blind, participates in the Council’s biannual
conferences to strengthen
regional cooperation.
- Data
on facilities for children with disabilities are included in a report prepared
by Dr. M.J. Thorburn, a health professional, who
was for many years
the director of 3D Projects. (The report, annex VII, can be consulted in the
files of the secretariat.)
- In
spite of many positive developments in the care of the disabled child over the
past five years, the Government of Jamaica is aware
that many measures remain to
be taken. A number of these were identified at a workshop of health
professionals held to facilitate
the preparation of this
report:
- − An
attitude survey, done in 1993 needs to be repeated to see what has been the
impact of all the training of staff and community workers which has been
undertaken;
- − A
baseline for statistics and services needs should be established, with regular
and consistent monitoring and evaluation;
- − All the
programmes for disabled children which have been initiated should be extended
island wide;
- − The
inclusion of disability issues in the medical curriculum of the University of
the West Indies needs to be expanded; and
- − There
is need for better coordination of services for the disabled.
- The
implementation of these measures is a target, subject to the availability of
funds.
B. Basic health and welfare (art. 24)
- The
principal legislative and judicial measures which seek to recognize and ensure
the right of the child to the enjoyment of the
highest standard of health and to
facilities for treatment and rehabilitation are outlined in the initial report
submitted to the
Committee in 1993 (section 6, Basic Health and Welfare). In
accordance with paragraph 8 of the current guidelines, these have not
been
repeated in this report. Mandatory immunization of children has been in force
for some years.
- Other
measures adopted pursuant to articles 6 and 24 are presented as services for
antenatal, intra-natal and post-natal care. These
are in continuation and
expansion of the services described in the 1993 report.
- Measures
taken to improve antenatal care have included a number of programmes sponsored
by the Ministry of Health to provide special
clinics for expectant mothers in
the highrisk group, emergency medical services, domiciliary services, maternity
centres and the
integration of primary and secondary health care to enhance
antenatal and intra-natal care. These measures also include the introduction
of
diagnostic technology for identifying obstetric problems and the opening of a
new obstetric wing at Victoria Jubilee Hospital,
the island’s largest
maternity hospital.
- To
strengthen the level and extent of intra-natal care measures have been taken to
relieve the shortage of trained personnel. These
include the reopening of a
School of Midwifery at Victoria Jubilee, situated in Kingston, and Cornwall
Regional Hospital, a large
general hospital at the other end of the
island.
Post-natal care (first 28 days)
- These
services have been extended by instituting a referral system to facilitate the
transportation of sick neonates, establishing
a neonatal unit at Victoria
Jubilee hospital, ensuring the presence of a paediatrician in every region and
making emergency medical
services available island wide.
- There
have been some administrative changes facilitated by the National Health
Services Act, which passed into law on Tuesday, 25
February 1997. This enabled
the setting up of four regional health authorities, a change from the
centralized structure which was
reported in 1993. (This new structure is
intended to promote greater efficiency in the delivery of health care and is
reflected
in annex VIII. The revised decentralized administrative structure is
reflected in annex IX and replaces Appendix (III) in the initial
report.)
- According
to the infant mortality surveys conducted by the Ministry of Health, there
has been a steady decrease in the infant mortality rate over the years. The
IMR declined
from 51.5 per 1,000 live births in 1960 to 27 per 1,000
live births in 1987 and 24.5 per 1,000 live births in 1993. Nine hospitals
are
currently certified as baby friendly hospitals and it is proposed that all other
public and private hospitals should receive
the same certification by the year
2000.
- In
1991, the Ministry of Health listed the mortality pattern showing perinatal
conditions, intestinal infectious diseases, disease
of the respiratory system,
nutritional deficiencies and congenital anomalies as the five leading causes of
death in the age group
0-11 months. In 1994, according to the same source, the
principal cause of morbidity in the age group 0-11 months was perinatal
conditions. At a workshop held in October 1997 with major participation from
paediatricians and other health personnel to facilitate
the preparation of this
report, the main cause of infant mortality in recent times was identified as
perinatal conditions with the
emphasis on asphyxia in large newborns due to a
deficiency in trained personnel and equipment to facilitate resuscitation. To
overcome
these problems the programme to establish “baby friendly”
hospitals has been strengthened, breastfeeding campaigns have
been pursued
vigorously and all midwives receive continuing
education.[6]
- Apart
from these measures designed to provide better facilities for the prevention of
infant deaths, there has been a thrust to provide
special monitoring for
vulnerable newborns by:
− Early laboratory identification of infants with medical problems (e.g.
sickle cell, VDRL, etc.); and
− Monitoring of children in clinics to ensure immunization, nutrition and
growth and development.
- The
provision of necessary medical assistance and health care to all children with
emphasis on the development of primary health care
is ensured through the
Primary Health Care/Family Health programme within the Ministry of Health which
places emphasis on health
promotion, health education and prevention of
diseases. Services are provided at the community level through clinics and
health
centres. Health promotion and health education are provided by
measures like the use of the media; a Child Health and Development programme
(CHED)
in 400 primary and all-age schools; and the collaboration of the
Ministry of Health and the Ministry of Education through the Bureau
of Health
Education, an arm of the Ministry of Health. The distribution of primary health
care services in urban and rural areas
is illustrated by Figure I below
(reproduced as received from State party).
Figure I
Map of Jamaica showing parish and health regions
|
|
NORTH EAST REGION
|
PARISH
|
POPULATION (1996)
|
HOSPITALS
|
PRIMARY HEALTH CARE FACILITIES
|
|
PARISH
|
POPULATION (1996)
|
HOSPITALS
|
PRIMARY HEALTH CARE FACILITIES
|
PUBLIC
|
PRIVATE
|
|
PUBLIC
|
PRIVATE
|
TRELAWNY
|
72 400
|
|
1
|
-
|
21
|
|
PORTLAND
|
78 600
|
|
1
|
-
|
21
|
ST JAMES
|
170 000
|
|
1
|
1
|
26
|
|
ST. MARY
|
111 800
|
|
2
|
-
|
32
|
HANOVER
|
67 900
|
|
1
|
-
|
19
|
|
ST. ANN
|
158 100
|
|
1
|
-
|
27
|
WESTMORELAND
|
135 600
|
|
1
|
-
|
22
|
|
|
|
|
|
|
|
SOUTHERN REGION
|
|
SOUTH EAST REGION
|
PARISH
|
POPULATION (1996)
|
HOSPITALS
|
PRIMARY HEALTH CARE FACILITIES
|
|
PARISH
|
POPULATION (1994)
|
HOSPITALS
|
PRIMARY HEALTH CARE FACILITIES
|
PUBLIC
|
PRIVATE
|
|
PUBLIC
|
PRIVATE
|
ST. ELIZABETH
|
148 800
|
|
1
|
-
|
30
|
|
ST. CATHERINE
|
402 500
|
|
2
|
-
|
26
|
MANCHESTER
|
177 500
|
|
1
|
1
|
28
|
|
ST. ANDREW & KINGSTON
|
691 600
|
|
8
|
6
|
49
|
CLARENDON
|
223 400
|
|
3
|
-
|
46
|
|
|
|
|
|
|
|
|
ST. THOMAS
|
89 400
|
|
1
|
-
|
19
|
Prepared by: Ministry of Health, Planning and
Evaluation Unit, June 1997.
- The
chief measure adopted to ensure a universal immunization system in Jamaica is to
set a target of 100 per cent coverage for children
under 5 years
old within the framework of four vaccines: oral polio vaccine (OPV),
diphtheriapertussistetanus vaccine (DPT), antituberculosis
vaccine (BCG) and a
vaccine against measles. All these vaccines are given in publicized island wide
campaigns conducted in clinics
and schools and supported by the use of mobile
units.[7]
- In
a study by the PIOJ and the Statistical Institute in 1996, the nutritional
status of children 059 months was estimated using anthropometric
measures,
weights and heights. Of 744 children (059 months old) examined, 5.8
per cent were low weight for age, 5.8 per cent low
height for age, and
2.6 per cent low weight for height. No real differences in levels of
undernutrition by area were recorded.
It was observed that there was a tendency
for more boys than girls to be undernourished; 6.1 per cent compared with
5.5 per cent
for low weight for
age; 6.3 compared with 5.2 for low
height for age; and 2.9 compared with 2.2 for low weight for height. Children
in the under11month
age group were at greater risk of
undernutrition.[8]
- No
children in the wealthiest quintile of the study were identified as
undernourished. Data from the Bustamante Hospital for Children
are relevant.
It was reported that the peak age of admission for malnutrition was in the 611
month age group; this suggests that
children during the early weaning period
were more at risk of becoming malnourished. The hospital reports indicate that
“few
children older than 2 years were admitted for malnutrition as a
primary or secondary
diagnosis”.[9]
- The
Public Health Act provides for environmental health services and these are
delivered through a wide range of programmes implemented by the Environmental
Health Services of the Ministry of Health and addressing: food, hygiene and
safety; water quality monitoring and management; and
sanitation and solid waste
management and vector control.
- Measures
to ensure prenatal and post-natal health care for mothers include provision of
care at clinics and hospitals, supplemented
by special clinics for expectant
mothers in the highrisk group, emergency services, domiciliary services,
maternity centres and the
integration of primary and secondary health care to
enhance antenatal and intranatal care. In addition, the Ministry of Health
developed
birthing units in some hospitals. See table 6 below for a record of
the data under this heading. Refer also to paragraph 143 in
this
report.
Table 6
Utilization and coverage of maternal and child
health services
19931997
|
1993
|
1994
|
1995
|
1996r
|
1997e
|
A. Antenatal care
|
|
|
|
|
|
|
|
|
|
|
|
Estimated population
|
58 627.0
|
57 405.0
|
59 236.0
|
62 094.0
|
57 369.0
|
Percentage of pregnant women receiving care
|
71.2
|
73.8
|
68.2
|
67.3
|
65.9
|
Percentage of pregnant women initiating care before 16 weeks
|
18.6
|
18.5
|
18.9
|
21.5
|
21.7
|
Percentage of pregnant women tested, and found to be anaemic
|
17.2
|
15.2
|
17.0
|
18.0
|
18.6
|
Average no. of visits per woman
|
3.9
|
3.9
|
4.0
|
3.0
|
4.0
|
|
|
|
|
|
|
Table 6 (continued)
|
1993
|
1994
|
1995
|
1996r
|
1997e
|
B. Postnatal services
|
|
|
|
|
|
|
|
|
|
|
|
Estimated population - mothers
|
58 627.0
|
57 405.0
|
59 236.0
|
62 094.0
|
57 369.0
|
Estimated population - babies
|
58 627.0
|
57 455.0
|
59 286.0
|
62 094.0
|
57 369.0
|
Percentage of mothers receiving care
|
71.2
|
75.4
|
74.4
|
69.5
|
72.3
|
Percentage of babies receiving care
|
74.2
|
77.8
|
75.6
|
71.8
|
73.5
|
Percentage of babies fully breastfed at time of PN visit
|
50.4
|
51.7
|
51.7
|
53.6
|
53.4
|
Percentage of mothers accepting FP at time of PN visit
|
37.7
|
55.6
|
61.2
|
65.2
|
67.0
|
|
|
|
|
|
|
C. Immunization coverage
|
|
|
|
|
|
|
|
|
|
|
|
Target population 0-1 year
|
58 627.0
|
57 455.0
|
59 455.0
|
57 606.0
|
57 370.0
|
Percentage immunized (complete)
|
|
|
|
|
|
DPT
|
91.0
|
92.8
|
90.5
|
91.6
|
91.9
|
Polio (OVP)
|
93.3
|
93.1
|
90.6
|
91.9
|
92.0
|
Measles
|
72.0
|
82.4
|
91.1
|
99.3
|
81.7
|
BCG
|
100.0
|
100.0
|
98.1
|
98.3
|
91.5
|
Source: Health Information Unit and expanded programme on
immunization (Ministry of Health).
e - Incomplete.
r -
Revised.
- The
Bureau of Health Education is the main source of education to all segments of
society, in particular parents and children in subjects
like the advantages of
breastfeeding, hygiene and other subjects mentioned in the Guidelines. The
Bureau arranges campaigns, services
and strategies on topics like “Breast
is Best”. Public education campaigns are also conducted through health
clinics
and health centres. The policy of the Ministry of Health in the area of
health education and health promotion seeks to empower individuals,
families and
communities to work together towards the development and maintenance of healthy
lifestyles and to improve their selfcare
skills.
- Activities
to empower community members were conducted through seminars, health fairs,
helplines and home visits. Parenting education
is conducted through the Child
Guidance Clinic, family life education, through the National Family Planning
Board, and education
on HIV/AIDS through the Epidemiology Unit of the Ministry
of Health. Parenting and Family Life Education is also offered by many
government agencies, nongovernmental organizations and communitybased
organizations. (Examples of the literature issued by the Bureau
of Health
Education, in annex VIII, can be consulted in the files of the
secretariat.)
- The
measures adopted to improve the system of education and training of health
personnel included the establishment of a Quality Assurance
programme, which
conducted managerial training to increase efficiency and improve service.
Doctors and nurses from public and private
health services were trained in
assessing and making referrals of women with “high risk” pregnancies
in an effort to
reduce maternal and infant morbidity and mortality.
Surveillance instruments for health workers in the Southern Region were
developed
to
enable them to track the incidence of maternal morbidity and
mortality. (Table 7 refers to this section.)
Table 7
Number of selected health personnel employed in the
public sector,
1992-1997
|
No. of posts
|
1992
|
1993
|
1994
|
1995
|
1996
|
1997
|
% vacancy
|
Medicine nursing pharmacy
|
|
|
|
|
|
|
|
|
Physicians
|
439
|
407
|
364
|
394
|
417
|
421
|
421
|
4.1
|
Nurse, Public Health
|
260
|
120
|
151
|
162
|
168
|
147
|
180
|
3.0
|
Nurse, Practitioner
|
77
|
59
|
58
|
68
|
60
|
62
|
62
|
19.0
|
Nurse, Anaesthetist
|
30
|
16
|
25
|
27
|
30
|
27
|
27
|
10.0
|
Nurse, Registered (all others)
|
2 206
|
998
|
925
|
1 262
|
1 578
|
1 005
|
1 377
|
37.5
|
Midwives
|
510
|
377
|
366
|
370
|
250
|
273
|
273
|
46.0
|
Mental Health Officers
|
19
|
19
|
18
|
19
|
10
|
18
|
18
|
5.0
|
Nurse, Enrolled Assistant
|
1 072
|
616
|
592
|
596
|
592
|
587
|
584
|
45.5
|
Community health aides
|
563
|
499
|
431
|
759
|
684
|
703
|
703
|
24.0a
|
Psychiatric Aide
|
152
|
137
|
n.a.
|
111
|
n.a.
|
n.a.
|
137
|
10.0
|
Pharmacists
|
147
|
63
|
70
|
56
|
37
|
52
|
60
|
59.0
|
Pharmacy technicians
|
105
|
110
|
130
|
108
|
102
|
88
|
88
|
7.0
|
Dentistry group
|
|
|
|
|
|
|
|
|
Dentists
|
68
|
57
|
60
|
59
|
64
|
57
|
58
|
15.0
|
Dental nurse
|
149
|
140
|
138
|
145
|
139
|
127
|
146
|
2.0
|
Dental Assistant
|
126
|
125
|
125
|
123
|
120
|
98
|
115
|
9.0
|
Dental Prosthetist
|
4
|
3
|
4
|
2
|
3
|
2
|
3
|
11.0
|
Nutrition group
|
|
|
|
|
|
|
|
|
Nutritionists
|
9
|
8
|
8
|
9
|
8
|
8
|
8
|
11.0
|
Dieticians
|
14
|
9
|
12
|
11
|
11
|
13
|
13
|
7.0
|
Dietetic Assistants
|
34
|
35
|
34
|
34
|
33
|
24
|
34
|
0.0
|
Assistant Dieticians
|
8
|
5
|
5
|
5
|
3
|
6
|
5
|
37.5
|
Nutrition Assistant
|
15
|
17
|
n.a.
|
15
|
15
|
14
|
14
|
6.0
|
Table 7 (continued)
|
No. of posts
|
1992
|
1993
|
1994
|
1995
|
1996
|
1997
|
% vacancy
|
Other
|
|
|
|
|
|
|
|
|
Public Health Inspectors
|
499
|
293
|
283
|
280
|
260
|
276
|
276
|
38.5
|
Veterinary Public Health Insps.
|
14
|
16
|
14
|
14
|
14
|
12
|
14
|
0.0
|
Health Education Officer
|
40
|
18
|
18
|
20
|
22
|
20
|
28
|
30.0
|
Medical Entomologist
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
0.0
|
Physicist
|
4
|
3
|
3
|
2
|
3
|
4
|
2
|
50.0
|
RadiographerDiagnostic
|
63
|
44
|
54
|
57
|
48
|
52
|
52
|
17.0
|
RadiographerTherapeutic
|
16
|
5
|
n.a.
|
3
|
5
|
6
|
3
|
81.0
|
Physiotherapist
|
35
|
27
|
32
|
22
|
24
|
22
|
22
|
37.0
|
Occupational Therapist
|
7
|
1
|
1
|
1
|
1
|
1
|
1
|
85.0
|
Medical Technologist
|
142
|
91
|
84
|
78
|
66
|
72
|
72
|
49.0
|
EEG Technician
|
2
|
0
|
1
|
1
|
2
|
0
|
1
|
50.0
|
ECG Technician
|
5
|
2
|
0
|
0
|
0
|
0
|
3
|
40.0
|
Speech Therapist
|
2
|
1
|
1
|
1
|
0
|
0
|
0
|
100.0
|
Scientific Officers
|
11
|
28
|
5
|
6
|
7
|
8
|
9
|
18.0
|
Hospital Administrators
|
23
|
20
|
25
|
24
|
22
|
11
|
1
|
5.0
|
Contact Investigators
|
35
|
n.a.
|
21
|
20
|
31
|
28
|
29
|
17.0
|
Entomological Assistant
|
10
|
n.a.
|
n.a.
|
9
|
9
|
8
|
10
|
0.0
|
Epidemiological Officers
|
2
|
n.a.
|
n.a.
|
n.a.
|
1
|
0
|
1
|
50.0
|
Chief Executive Officers
|
20
|
n.a.
|
3
|
7
|
10
|
8
|
11
|
45.0
|
Assessment Officers
|
14
|
n.a.
|
n.a.
|
n.a.
|
15
|
n.a.
|
14
|
0.0
|
Medical Social Workers
|
13
|
n.a.
|
n.a.
|
n.a.
|
5
|
5
|
11
|
15.0
|
Source: Personnel Division, Ministry of Health.
n.a. -
Not available.
a - Excess.
- On
a more technical level, the campaigns, programmes, services and strategies to
inform children and parents as well as the efforts
to improve the system of
education and training for health personnel are supported by the Tropical
Metabolism Research Unit of the
University of the West Indies, which has
conducted many surveys and issued many publications over the years on child
nutrition and
development.
- The
most recent example of these is a workshop held in Jamaica in 1995 with the
collaboration of the World Bank and the Pan American
Health Organization to
review the state of knowledge on how and to what extent nutrition health and
stimulation leave a mark on the
child’s development.
- The
book which, in the words of its editor, emerged from the discussions and
presentations at that workshop, provides a wealth of
information on the results
of early childhood supplementation and stimulation programmes and serves as an
excellent resource for
practitioners at all levels in the health
sector.
- The
development of family planning education and services is undertaken through the
National Family Planning Board, a statutory organization
under the Ministry of
Health. Measures include the activities of the Bureau of Health Education,
which have been described above,
and the provision by the National Family
Planning Board of counselling, instruction in family planning methods and the
supply of
contraceptives. These services are available both to mothers at
postnatal clinics and at family planning clinics and health centres.
The number
of women accepting family planning at postnatal clinics was two percentage
points higher in 1997 than in 1996. Family
Planning clinics at health centres
were visited 283,465 times; 11 per cent of these visits were by men. The
Fertility Management
Unit at the University Hospital of the West Indies also
administers family planning programmes.
- With
support from donor agencies such as USAID and UNFPA, the Government has launched
a campaign to address the reproductive health
of adolescents, particularly in
view of the high proportion of teenage pregnancies (21 per cent of all live
births):
− Programmes have been conducted at the
community level which offer treatment, guidance and counselling to adolescents;
and
− The Ministry of Education, Youth and Culture has collaborated with the
Ministry of Health and other agencies in conducting
a baseline study, to assess
the Family Life Education Programme in primary, secondary and high
schools.
- Support
is also received from the IEC SubCommittee of the Population Policy Coordinating
Committee. It is proposed, using data gathered
in the course of this study, to
revise the programme and integrate it into the core curriculum being developed
for the schools.
C. Health - HIV/AIDS
- It
is necessary to introduce the responses to the questions raised in the
guidelines on HIV/AIDS by giving the background of the known
incidence of the
disease in Jamaica, its earliest detection and measures which were undertaken to
combat it.
- A
programme for the control of sexually transmitted diseases was started over
30 years ago and, by 1980, was fully established as
a unit within the
Ministry of Health. The first case of
AIDS was said to have been identified in 1982 followed by the first case of
mother and child
in 1986. Between those years Jamaica was fully exposed to
the developing knowledge on the nature and progress of the disease as it
was
becoming known worldwide. In 1989 the integration of the STD and HIV programmes
was effected with the name of the National HIV/STD
Control Programme. The
rationale for this integration was that improved STD management is a strategy
for HIV prevention as well
as a way of reducing the incidence of HIV.
Subsequent strategies for the control of the disease have emanated from this
programme.
The distribution of cases of HIV/AIDS in Jamaica is shown in table 8
while table 9 records the reported deaths of AIDS cases from
1982 to
1998.
Table 8
Summary of AIDS cases in Jamaica (by date of
reporting)
1982-1998
|
Male
|
Female
|
Total
|
Cumulative total
|
1982
|
1
|
|
1
|
1
|
1983
|
1
|
|
1
|
2
|
1985
|
3
|
|
3
|
5
|
1986
|
7
|
|
7
|
12
|
1987
|
20
|
15
|
35
|
47
|
1988
|
26
|
10
|
35
|
83
|
1989
|
46
|
19
|
65
|
148
|
1990
|
46
|
24
|
70
|
218
|
1991
|
78
|
65
|
143
|
361
|
1992
|
95
|
40
|
135
|
496
|
1993
|
137
|
82
|
219
|
715
|
1994
|
200
|
135
|
335
|
1 050
|
1995
|
322
|
189
|
511
|
1 561
|
1996
|
307
|
185
|
492
|
2 053
|
1997
|
373
|
236
|
609
|
2 662
|
1998
|
209
|
116
|
325
|
2 987
|
Total
|
1 871 (62.6 %)
|
1 116
(37.4%)
|
2 987
|
2 987
|
Table 9
Summary of AIDS deaths in Jamaica (by
date of reporting)
1982 to June 1998
Year reported
|
Male
|
Female
|
Total
|
Cumulative total
|
1983
|
1
|
|
1
|
1
|
1984
|
1
|
|
1
|
2
|
1986
|
8
|
1
|
9
|
11
|
1987
|
12
|
6
|
18
|
29
|
1988
|
14
|
7
|
21
|
50
|
1989
|
31
|
9
|
40
|
90
|
1990
|
20
|
17
|
37
|
127
|
1991
|
64
|
41
|
105
|
232
|
1992
|
69
|
39
|
108
|
340
|
1993
|
95
|
52
|
147
|
487
|
1994
|
127
|
73
|
200
|
687
|
1995
|
173
|
97
|
270
|
957
|
1996
|
154
|
89
|
243
|
1 200
|
1997
|
248
|
145
|
393
|
1 593
|
1998
|
99
|
60
|
159
|
1 752
|
Total
|
1 116
|
636
|
1 752
|
1 752
|
Source: Ministry of Health.
- The
moderate increase of cases (and deaths) from 1982 to 1996 was due to infection
from outside sources. From 19871997 the steady
and significant increase was due
to a combination of infection from outside and internal spread. It will be
noted that from 1982
to 1986 no female cases were reported; the highrisk groups
were perceived as men who travelled to North America as farm workers.
By 1987
the infection had spread to women with a steady increase within both sexes. The
infection rate among men continues to be
higher.
- Under
the aegis of the National HIV/STD Control Programme, many projects have been
initiated for the prevention of HIV and many strategies
have been tried to
implement them.
Foremost among them is the Behaviour Change Communication component which
coordinates
the information, education and communication activities of the
National HIV/STD Control Programme. This component is ongoing and
requires the
integration and coordination of the HIV/STD Programme with other social agencies
and community projects. Special emphasis
is placed on the promotion of
consistent and correct use of condoms, partner reduction, abstinence,
appropriate health screening
behaviour and the highlighting of a sense of
individual risk. Strategies under this component include:
− face to face communication via community peer
educators;
− mass media campaigns;
− development of material such as posters and
brochures;
− public relations interventions, e.g. work with DJs;
− targeted community interventions;
− sensitization of nongovernment organizations, communitybased
organizations and government agencies;
− anonymous telephone counselling through the AIDS/STD
Helpline;
and
− special events such as World AIDS Day and Safe Sex
Week.
- Another
programme is sex education in schools, which was started by the Ministry
of
Education and continued until 1997 as a project funded by USAID. It is being
continued
by the Ministry of Education. It operates in parishes island wide
and focuses on children 7 to 17 years.
- A
programme for the prevention of AIDS is directed at commercial sex workers
through the Association for the Control of Sexually Transmitted Diseases
(ACOSTRAD),
an NGO. The intervention includes a dropin centre for the
treatment of STDs, rap sessions
and counselling. Visits to clubs, bars and
the street for condom distribution are also
undertaken.
- The
high degree of success among prostitutes and go-go dancers is illustrated by
table 10 which compares this category, regarded as high risk, with
other groups, usually seen as less exposed.
Table 10
Adult AIDS cases by occupation (by date of reporting) 1982 to
June 1998
|
Total
|
Percentage of total occupations
|
Unknown
|
897
|
36
|
Trade
|
325
|
13
|
Casual worker
|
296
|
12
|
Self-employed/vendor
|
239
|
10
|
Professional
|
125
|
5
|
Prostitutes/dancers
|
88
|
4
|
Security forces
|
86
|
4
|
Farmer
|
72
|
3
|
Hospitality
|
70
|
3
|
Housewife
|
59
|
2
|
Clerical
|
50
|
2
|
Farmworker
|
46
|
2
|
Driver
|
45
|
2
|
Transportation
|
25
|
1
|
Student
|
23
|
1
|
Sailor
|
16
|
1
|
Prisoners
|
11
|
1
|
Total
|
2 455
|
10
|
Source: Ministry of Health.
- Yet
another programme is Workplace Interventions, which target companies and
organizations with large workforces in the 20-49 age
group. Strategies aimed at
implementing this programme are:
− training in-house coordinators;
− sensitization of the entire workforce; and
− securing the commitment of Chief Executives and senior staff to support
programmes through the development of workplace policy
on
AIDS.
- There
have been a number of programmes dealing with AIDS sponsored by NGOs including
Jamaica AIDS Support, Addiction Alert and Richmond
Fellowship, and there is a
family centre at the University Hospital of the West Indies which provides
support and counsel for the
family members of persons suffering from
HIV/AIDS.
- A
surveillance system exists to assess the occurrence of HIV infection and AIDS.
It includes compulsory notification by doctors of
AIDS and HIV to the
Epidemiology Unit of the Ministry of Health; active hospital surveillance by the
Parish Medical Officers and
other team members; dispatch of surveillance
officers of the Epidemiology Unit into each parish; HIV
reporting by private laboratories and periodic special surveillance in some
parishes among highrisk target groups. Table 11 reports
the distribution by age
and gender, and table 12 by rural/urban areas.
Table 11
Summary of AIDS cases in Jamaica by
sex and age groups
(by date of reporting) 1982 to June 1998
Age group
|
Male
|
Female
|
Total
|
Under 1
|
29
|
36
|
65
|
1-4
|
68
|
64
|
132
|
5-9
|
18
|
20
|
38
|
10-19
|
15
|
43
|
58
|
20-29
|
411
|
296
|
707
|
30-39
|
679
|
367
|
1 046
|
40-49
|
351
|
160
|
511
|
50-59
|
190
|
77
|
267
|
60+
|
67
|
28
|
95
|
Unknown
|
43
|
24
|
67
|
Total
|
1 871
|
1 116
|
2 987
|
Source: Ministry of Health.
Table 12
Summary of AIDS cases by parish in Jamaica
(by date of
reporting) 1982 to June 1998
|
Cumulative total
|
Rate per 100,000 population
|
Kingston and St. Andrew
|
1 319
|
187.9
|
St. Thomas
|
61
|
68.2
|
Portland
|
59
|
75.0
|
St. Mary
|
81
|
70.9
|
St. Ann
|
132
|
85.1
|
Trelawny
|
73
|
100.8
|
St. James
|
466
|
278.4
|
Hanover
|
65
|
97.3
|
Westmoreland
|
121
|
92.3
|
St. Elizabeth
|
59
|
40.2
|
Manchester
|
80
|
45.8
|
Clarendon
|
82
|
36.7
|
St. Catherine
|
353
|
94.8
|
Parish not know
|
28
|
0.0
|
Overseas address
|
8
|
0.0
|
Total
|
2 987
|
114.9
|
Source: Ministry of Health.
- A
National AIDS Committee was formed in 1988 to advise the Minister of Health on
policy related to AIDS/HIV. Its main objectives
are advocacy, mobilization and
fund-raising and it has five subcommittees; technical, legal and ethical,
education, care and counselling
and fund-raising. There are also smaller
replicas of the National AIDS Committee in each parish with membership from the
public
and private sectors, NGOs and persons living with AIDS.
- The
activities of these committees have been crucial to the nationwide coverage of
treatment and management of cases of HIV infection
and AIDS among children and
parents in hospitals and clinics. HIV testing is offered at public laboratories
at a minimal cost (about
US$ 8.30).
- A
programme for Improved Lifestyle Management is promoted through the HIV/STD
Control Programme and all infected persons are encouraged
to:
− take advantage of free medical care provided at hospitals and
clinics;
− pay careful attention to nutrition;
− exercise;
− avoid crowded places;
− avoid strain on immune system by avoiding infections as much as
possible; and
− rest.
- Counselling
is given on safe sex and having children. Unfortunately, infected persons have
limited access to drugs because of the
prohibitive cost, which amounts to
US$ 20,000 per person per annum. It is possible to access antiretrovirals
through UNAIDS, the
government medical services and Food For the Poor (a
voluntary agency).
- Children
who are orphans as a result of AIDS are often fostered or adopted whether
formally or informally, by relatives. If that
option is not available they are
taken into care as being in need of care and protection and placed with foster
parents or in children’s
homes. There is currently dialogue between the
Children’s Services and the HIV/STD Control Programme leading to a draft
policy
to guide care of HIV-infected children in children’s homes. In the
meanwhile, there have been several training courses for
staff in
children’s homes and other caregivers of children with
AIDS.
- The
Information, Education, Communication programme has always sought to lessen the
stigma of the disease for infected children, or
children whose parents or family
members have been infected. Strategies to accomplish this include public
education seminars and
workshops, pressing for guidelines for workplace policies
regarding AIDS/HIV to minimize discrimination
and continuing public education. These measures are aimed at promoting
caring families, not only to end discrimination but to ensure
care and
protection within the family of children affected by AIDS and so to limit the
need for hospice care for both children and
adults.
- With
regard to traditional practices prejudicial to the health of children, genital
mutilation and forced marriages are practically
unknown in Jamaica. However
young girls sometimes get into common-law relationships and early pregnancy
because of poverty. In
addition, girls are sometimes at risk because of the
myth that men will benefit by having sex with a virgin, and from incest within
the nuclear and extended family. There is constant public education,
particularly by the Ministry of Education and indeed in public
forums initiated
by Government. Outstanding in this regard is the Women’s Centre, a
Foundation supported by the Ministry of
Labour, Social Security and Sports,
which has provided a very successful programme for the continued education for
adolescent mothers,
with counselling for fathers.
- Over
the five-year period under review, there have been many activities which reflect
the Government’s efforts to promote and
encourage international
cooperation in the context of article 24, paragraph 4. The amount allocated to
Primary Health Care in the
country’s budget was J$ 0.98 billion
(approximately 20 per cent of the recurrent budget) from J$ 0.96 billion
in 1996.[1] Jamaica has
not yet achieved the 5 per cent of gross domestic product (GDP) recommended by
the World Health Organization (WHO) to
be expended on health services. In this
climate, official development assistance plays a vital role in maintaining the
health services.
This contribution was budgeted at $1.0 billion in 1997 for 12
projects. Through these projects, improvements were made in the areas
of
maternal and child health; rural and urban health; health service delivery;
human resource development; control of communicable
diseases and health
programmes in schools.
- Specific
projects and programmes which utilized this assistance over the five-year period
included the Urban Project for Children
and Mothers funded by UNICEF, which
ended in 1995; the Kingston and St. Andrew Family Life and Family Planning
Project with a strong
component of Reproductive Health, which ended in 1996
and was funded by UNFPA; Children in Especially Difficult Circumstances, the
UNICEF country programme ending in 1996, which included segments on Primary
Health Care and Child Abuse; the Reduction of Teenage
Pregnancy project
under the GOJ/UNICEF country programme 1990-1996 and the Current UNICEF
Programme for Children and Youth at Risk,
which is projected to last
from 19972001.[11]
- Under
bilateral agreements, the Kingston Urban Health and Development Project received
US$ 0.3 million during 1997 from the Netherlands
Government; the
Government of the United Kingdom contributed £1.6 million to the Jamaica
Social Investment Fund; the Government
of the United States, through the agency
for International Development donated US$ 11.3 million in 1997 to assist in
areas including
family planning, health reform, AIDS/STD prevention and
education.[12]
- The
priorities of all these programmes are, on one level, to promote health reform,
paying special attention to increasing efficiency
of services; to increase local
training capacity and
human resource development; to improve health
status, and to reduce maternal and infant morbidity and mortality. On another
level
the priority is to strengthen internal institutions and the cooperation
between Government, NGOs and communities, so as to ensure
sustainability which
is the final objective of development assistance. There is an annual evaluation
of each project and a final
evaluation when the project ends.
D. Social security and childcare services and
facilities
- Arrangements
exist to recognize for every child the right to benefit from social security
including social insurance. These have
been in existence for many years but
were not included in the initial report and are therefore outlined
here.
- The
National Insurance Scheme is a contributory pension scheme which provides
survivor benefits for children. It is administered
by the Ministry of Labour,
Social Security and Sports and does not take into account the resources and
circumstances of the child,
so long as the contribution conditions are
satisfied.
- There
is a non-contributory scheme within the same ministry which ensures that
children in need receive assistance through the Poor
Relief Department.
Assistance is also provided through the Board of Supervision, which falls under
the Ministry of Local Government,
Youth and Community Development. A Food Stamp
programme gives help to pregnant women, lactating mothers and women with
children
under 5 years old. These benefits are awarded on the basis of the
resources and the circumstances of the child and of the persons
having
responsibility for his or her maintenance.
- The
legal provisions relevant to the implementation of this right are contained in
the National Insurance Act (a copy of which, annex
X, can be consulted in the
files of the secretariat).
- The
children of working parents have the right to benefit from privately run
day-care centres and day-care centres run by the Ministry
of Labour, Social
Security and Sports and the Social Development Commission; and by basic
schools which fall under the Ministry of
Education and Culture and
privately run day-care centres run by community boards.
Over 300 centres are registered with the Day-Care
Unit of the Ministry
of Health.
- The
progress achieved in the implementation of the rights outlined in the cluster
relating to basic health and welfare has been illustrated
by the improvement in
the immunization programme and Jamaica’s high place in UNICEF’s
record of the status of nations.
There is still a great deal of concern for the
high rate of teenage pregnancies and efforts to address these are described
above
(para. 156).
- Priorities
for the future include the measures to make drugs available to victims of AIDS
and a rubella campaign scheduled to start
in September 1998, to include the
target group. This is necessary because of the rise in the incidence of rubella
and its sequela,
congenital rubella syndrome, in Jamaica.
E. Standard of living (art. 27, paras. 1-3)
- The
chief determinant of a standard of living is usually the notion that the utility
obtained from consumption is taken as the main
indicator of household welfare so
that a reduction in household expenditure is taken as a reduction in the
standard of living of
the household and, by inference, the children. There are
supplementary indicators of a standard of living such as conditions of
health,
housing and education and the basic premise of consumption as the main indicator
is subject to a reduction in consumption,
which could be made to effect savings
towards a future goal such as, for example, the purchase of a house. Bearing
this in mind,
the chief measure adopted in Jamaica to assess an adequate
standard of living is a survey of
living conditions conducted jointly by the
Planning Institute of Jamaica and the Statistical Institute of Jamaica. The
most recent
survey, supported by the World Bank, was published
in 1997 and
“describes living conditions in Jamaica in particular and from 1989-1996
in
general”.[13]
- The
survey suggests that “in the design of social policy, especially poverty
policy, it was appropriate to (use) the social
standard of the mean
food/non-food consumption to estimate the poverty multiplier and the household
size of 5 to estimate the minimum
food basket to escape
poverty”.[14] The
survey data indicate that, between 1990 and 1996, 25-30 per cent of households
lived below the poverty line. Of these, 11.9
per cent of the population are
defined as the ultrapoor, that is, those who cannot afford the basic food basket
valued at approximately
$20,498 per
year.[1]
- In
establishing the criteria to assess the ability and financial capacity of
parents and others responsible for the child to secure
the living conditions
necessary for the child’s development the first consideration is given to
whether or not these persons
live above or below the poverty line. In addition,
consideration is given to:
− whether they or their children have special needs such as
disabilities;
− whether they have had some temporary dislocation such as injury or loss
of earning power; and
− whether they have been victims of some disaster (such as accident, or
fire, or hurricane, or flooding).
- The
measures taken to assist parents and others responsible for the child to
implement this right are contained in a Public Assistance
Programme, which
include, inter alia, food aid, economic and social assistance, poor relief,
relief for persons with disabilities,
and emergency relief
services.
- The
Food Aid Programme has three components, the School Feeding Programme,
Supplemental Feeding Programme, and the Food Stamp Programme,
which provides
subsidized food stamps to needy persons including pregnant and lactating women,
children 0-6 years and Family Plan
households of two or more with an income
under $18,000 per year.
- Economic
and Social Assistance provides one-time cash awards to persons who have suffered
personal misfortune. Poor Relief provides
mainly for destitute persons in
institutions but also assists children who are wards of the State. See table 5,
which gives a breakdown
of beneficiaries under the Food Stamp programme in 1996
and 1997.
- The
follow-up to the Declaration and Plan of Action adopted by the United Nations
Conference on Human Settlements (Habitat II) is
given
below:
(a) At the regional level, in order to implement the
actions and strategies outlined in the Habitat Agenda several methods have been
employed:
(i) The drafting of a Regional Plan of Action that sets out the relevant
goals and activities to be undertaken in the Latin American and
Caribbean Region. Furthermore, a Caribbean Plan of Action has been
developed which pinpoints activities to be undertaken in the Caribbean
subregion;
(ii) The development of the Ministries and High Level Authorities of Housing and
Urbanization in Latin America and the Caribbean
(MINURVI) as a vehicle to
further information exchange and knowledge between urban sectors in the region.
It is seen as complementing
the Habitat agenda through its mandate and its
work;
(iii) The integration of Habitat principles in various other institutions such
as the Caribbean Ministers of Human Settlements Coalition
(HIC) and CARICOM are
some of the other institutional structures which have appropriated the goals and
principles of the Agenda and
are presently working to achieve
these;
(b) At the national level, the Jamaica Government,
through the Ministry of Environment and Housing, is a signatory to this
agreement.
It has direct relations with the United Nations Centre for Human
Settlements (UNCHS) headquarters in Nairobi, Kenya, and regional
office in Rio
de Janeiro and the various other agencies, institutions and offices which
administer this agreement;
(c) The Ministry has established a Habitat
secretariat, which has responsibility for promoting and monitoring
implementation of the
terms and conditions of the Habitat II Agreement. It is
comprised of senior officers and persons with critical specialist skills
in the
Ministry;
(d) The Ministry has also modified and reconvened a National Shelter
Committee which has been charged with responsibility to assist
in the oversight
of the development of
the shelter sector; as well as increased broadbased
participation in the development
process; and
(e) Together with
other measures spearheaded by the Government and the Ministry, involvement in
Habitat is expected to result in
more effective, equitable and productive
housing strategies and solutions, for the majority of Jamaicans, in the long
term.[16]
F. Progress, difficulties and targets
- In
common with other articles of the Convention, the progress made, difficulties
encountered and targets set for the implementation
of the rights outlined in
article 27, paragraphs 1-3, are interrelated with other articles in
the Convention and cannot be considered
in isolation.
- The
progress made in achieving an adequate standard of living for our children is
indicated by the gains in health, the reduction
in infant and maternal mortality
and the improvement in immunization coverage described in earlier sections of
this chapter; the
progress in housing in paragraph 200 above; and the revision
in the education system.
- The
difficulties are ongoing: limitation in resources, though this is minimized by
the generous assistance of international funding
agencies; and the constant need
for education of parents and caregivers.
- The
targets set for the future include a proposal to provide a National Health
Insurance Scheme, to increase support to parents as
funds allow and to implement
the Plan of Action adopted by the United Nations Conference on Human Settlements
(Habitat II), of which
Jamaica is a signatory.
IV. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
(arts. 28, 29 and 31)
A. Education, including vocational training and guidance (art.
28)
- For
the legislative and administrative measures adopted to recognize and ensure the
right of the child to education, please refer
to the initial report. Since that
was written, a series of administrative measures have been adopted to ensure
that the child should
achieve this right progressively and on the basis of equal
opportunities. Chief among these is the National Assessment Programme
(NAP),
comprising diagnostic, literacy and achievement tests designed to assess the
aptitudes of children in primary schools on an
ongoing basis as a prelude to
their entry into secondary school. Pilot testing of the National Assessment
Programme began in 1996
and this system is intended to replace the Common
Entrance Exam in 1999.[17]
Other measures designed to ensure the right of the child to education
are:
− Revision of the primary curriculum to ensure
uniformity;
− Implementation of the Reform of Secondary Education (ROSE) - a
seven-year project started in 1993 to facilitate the implementation
of a common
curriculum in Grades 79 of all schools offering secondary level programmes.
This programme is funded jointly by the Government
of Jamaica and the
International Bank for Reconstruction and
Development;[18]
− The Social Sector Development Project, a five-year development project
with the general objective to improve efficiency and
delivery of pre-primary,
primary and secondary education and to provide institutional strengthening for
the Ministry of Education
and Culture. The project provided instructional
materials, training for 2,500 teachers, upgrading and expanding of 23 basic
schools
and 19 primary and allage schools. The project also provided for the
establishment of six regional offices. This project, which
was supported
jointly by the Government of Jamaica and the International Bank for
Reconstruction and Development, should have ended
in December 1994, but was
extended for a further three years to facilitate construction work in schools
and Regional Offices;[19]
and
− The Primary Education Improvement project, jointly supported by the
Government of Jamaica and the International Development
Bank, a four-year
programme which was started in 1993 to 1997 and extended to 1999 with the
general objective of improving the quality
of primary education and has included
activities like construction work in schools, supplying furniture, supporting
training for
teachers and providing books. During 1997, a number of training
activities were completed: 350 teachers and principals in school-based
assessment procedures, 1,000 teachers in diagnosis of literacy problems and
improved Language Arts teaching strategies, 189 teachers
and principals in
school library management, and 510 teachers and principals in delivery of the
revised curriculum in 30 pilot schools.
Approximately 90,000 books were
distributed to the 55 school libraries which were established during the year.
A total of 115 duplicating
machines were procured and 65 were distributed to
schools. A catalogue of existing Language Arts materials and other available
resources
was completed and prepared for
publication.[20]
- The
total budgetary allocation to the Ministry of Education, Youth and Culture for
the education and culture portfolios was $15.1
million for the financial year
1997/98; this was approximately 15 per cent of the national budget of $106.6
billion (up from 11 per
cent in the previous year). In this allocation,
approximately 90.5 per cent was devoted to expenditure
on the recurrent
expenses in the areas of education and culture during the financial year. This
recurrent budget represented an increase
of 25.9 per cent compared with the
approved
estimates of the previous financial year. The increase was largely
absorbed by the primary and secondary levels which were being
improved and
reformed. (See tables 13 and 14.) Approximately 34 per cent of the budget was
allocated to the primary level, followed
by the secondary level with
31 per cent.[21]
- Funds
allocated for capital expenses in the education sector totalled $1.5 billion;
this represented an 88.8 per cent increase compared
with the previous financial
year. Provisions were also made in this allotment for financing the Nutritional
Supplement component
for
students.[22]
Table 13
Estimates of recurrent expenditure by function
and programmes
1996/97-1997/98
J$ (in thousands)
|
1996-97 Approved
estimates
|
1996-97 Revised estimates
|
1997-98 Approved estimates
|
Education affairs and services
|
9 628 621
|
|
11 188 100
|
|
14 176 741
|
|
Executive direction and administration
|
145 751
|
|
181 569
|
|
190 275
|
|
Training
|
1 262
|
|
1 262
|
|
3 837
|
|
Regional and international cooperation
|
17 545
|
|
16 945
|
|
13 853
|
|
Regional direction and administration
|
107 849
|
|
177 392
|
|
192 472
|
|
Early childhood education
|
252 338
|
|
310 132
|
|
427 291
|
|
Primary education
|
3 478 786
|
|
3 707 789
|
|
5 055 187
|
|
Secondary education
|
2 743 141
|
|
3 165 441
|
|
4 043 887
|
|
Tertiary education
|
1 600 029
|
|
2 058 149
|
|
2 216 344
|
|
Technical and vocational education
|
369 702
|
|
461 158
|
|
548 175
|
|
Special education
|
118 050
|
|
151 928
|
|
182 996
|
|
Teachers’ education and training
|
278 002
|
|
342 314
|
|
414 428
|
|
Adult education
|
28 500
|
|
35 852
|
|
46 977
|
|
Common services
|
171 560
|
|
211 784
|
|
321 780
|
|
Library services
|
128 801
|
|
178 142
|
|
177 529
|
|
Nutrition
|
187 305
|
|
188 243
|
|
341 817
|
|
Agriculture
|
100 922
|
|
119 758
|
|
0
|
|
Arts and culture
|
178 148
|
|
257 618
|
|
253 010
|
|
Total recurrent
|
9 907 691
|
|
11 565 476
|
|
14 429 757
|
|
Source: Estimates of expenditure, 1995/96.
Table 14
Estimates of capital expenditure by function and
programmes
1996/97-1997/98
J$ (in thousands)
|
1996-97 Approved
estimates
|
1996-97 Revised estimates
|
1997-98 Approved estimates
|
Education affairs and services
|
136 256
|
|
118 495
|
|
286 850
|
|
Executive direction and administration
|
3 000
|
|
3 000
|
|
11 050
|
|
Training
|
4 679
|
|
4 237
|
|
4 610
|
|
Social and economic support programme
|
30 461
|
|
21 042
|
|
26 588
|
|
Local development programme
|
0
|
|
0
|
|
0
|
|
Early childhood education programme
|
7 632
|
|
5 332
|
|
10 507
|
|
Primary education
|
55 400
|
|
58 400
|
|
113 488
|
|
Secondary education
|
23 892
|
|
18 992
|
|
30 000
|
|
Tertiary education
|
0
|
|
0
|
|
5 816
|
|
Technical/vocational education
|
5 192
|
|
4 692
|
|
1 211
|
|
Special education
|
0
|
|
0
|
|
7 000
|
|
Teacher education and training
|
6 000
|
|
2 800
|
|
0
|
|
Common services
|
0
|
|
0
|
|
5 000
|
|
Library services
|
0
|
|
0
|
|
14 000
|
|
Adult education
|
0
|
|
0
|
|
1 680
|
|
Nutrition of students
|
0
|
|
0
|
|
|
|
|
|
|
|
|
|
|
Arts and culture
|
2 744
|
|
2 744
|
|
19 150
|
|
|
|
|
|
|
|
|
Agriculture
|
0
|
|
0
|
|
0
|
|
Total Capital A
|
139 000
|
|
121 239
|
|
306 000
|
|
|
|
|
|
|
|
|
Multilateral/bilateral programme
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Education affairs and services
|
|
|
|
|
|
|
Executive direction and administration
|
4 187
|
|
4 187
|
|
0
|
|
Regional direction and administration
|
78 461
|
|
100 342
|
|
83 675
|
|
Early childhood education
|
100
|
|
6 350
|
|
2 000
|
|
Primary education
|
251 207
|
|
381 040
|
|
691 756
|
|
Secondary education
|
316 098
|
|
208 020
|
|
390 329
|
|
Teacher education and training
|
21 061
|
|
21 061
|
|
32 240
|
|
|
|
|
|
|
|
|
Agriculture
|
0
|
|
0
|
|
0
|
|
Total Capital B
|
671 114
|
|
721 000
|
|
1 200 000
|
|
Total Capital
|
810 114
|
|
842 239
|
|
1 506 000
|
|
Source: Estimates of expenditure, 1996/97.
- Consideration
is given to the real cost to the family of the child’s education by the
provision of support projects like the
Primary School Feeding Programme to
provide a daily balanced meal to needy students in Early Childhood, Primary and
Secondary Schools;
the Examination Assistance Programme in Secondary Schools;
and the Students’ Loan programme for students at the tertiary level.
While the Cost Sharing Scheme in secondary schools requires parents and
guardians to contribute to their children’s education,
provisions are made
to assist needy students through a financial assistance
programme.
- Although
English is the official language, children’s knowledge of local dialect
(patois) is kept alive by its inclusion in
textbooks and by events in an annual
festival, which concentrates on local culture and dialect.
- The
access of all children, including children with special needs, to quality
education is ensured by the existence of a special education
unit within the
Ministry of Education and the appointment of special education teachers to
special education units of primary and
all-age schools. Separate institutions
exist for the blind, the deaf and the mentally retarded. Service is provided
for students
within the 4-18 age group whose educational requirements require
special intervention. During 1997 approximately 2,135 students
with special
needs were enrolled in Government-owned and government aided institutions. In
addition, 7,400 students were accommodated
in private sector and nongovernmental
organization facilities. The National Braille and Large Print Service in
Education provides
primary texts and teachers’ manuals for blind and
visually impaired students. Twenty-nine students with visual impairment
were
prepared for the 1998 Common Entrance
Examination.[23]
- There
is no discrimination against girls, who are allowed to continue education after
pregnancy, particularly in the Women’s
Centre, which was discussed in
paragraph 182 of this report.
- In
the context of children with special needs, public concern has grown in recent
years for the needs of the gifted child and some
schools now have an accelerated
programme for gifted children.
- The
Professional Development Unit within the Ministry of Education, Youth and
Culture has responsibility for the in-service training
of teachers,
administrators and supervisors. Inservice and pre-service training of teachers
is also facilitated by the Distance
Teaching Programme (UWIDITE) offered by the
University of the West Indies to make it possible for lectures to be transmitted
simultaneously
by satellite to various centres in the
Caribbean.
- The
measures adopted to provide educational facilities, accessible to all children,
have been discussed in paragraph 205 of this report.
At a conference of
professionals in education, held to facilitate the preparation of this report,
it was suggested that in the past
provision for the rehabilitation and upkeep of
facilities had been inadequate but it was noted that this situation had improved
during
the past year, with adequate provision having been made in the national
budget for the upgrading of facilities.
- Non-formal
education is provided in centres island wide under the Human Employment and
Resource Training (HEART) programme which provide
education and skills training
for children who have not completed formal education. This and the Learning for
Earning Activity Programme
(LEAP), which includes street children, are
government-sponsored institutions. There are a number of similar programmes
sponsored
by NGOs.
- The
system of development and education services for young children has been
revolutionized during the past five years. Prior to
1997 the system dealt with
the development and education of young children in two distinct age groups; 0-3
and 4-5. Pursuant to
many consultations and recommendation from educators and
specialists in child development, it was decided to integrate the two groups
into one comprehensive programme for Early Childhood Education and Development
on the premise that such a programme would expose
children within the 0-5 age
group to appropriate learning conditions which would foster the development of
affective, psychomotor
and cognitive skills. This new programme which will be
administered by the Ministry of Education, Youth and Culture will incorporate
children from basic schools, infant schools and departments and kindergarten
departments of preparatory schools, previously administered
by the Ministry of
Education, Youth and Culture together with children from daycare centres
previously administered by the Day Care
Unit in the Ministry of
Health.
- As
a necessary part of this programme legislation was drafted to enforce
registration of private day-care centres in order to ensure
the maintenance of
standards, both of facilities and programme in these institutions. This
legislation is now receiving scrutiny
from the Senate and awaits final approval
by Parliament.
Table 15
Enrolment in early childhood education by school
type and year
1992/93-1996/97
|
Infant school
|
Infant department
|
Basic school recognized
|
Unrecognized
|
Total
|
No.
|
Enrolment
|
No.
|
Enrolment
|
No.
|
Enrolment
|
No.
|
Enrolment
|
1992/93
|
29
|
10 077
|
|
83
|
6 500
|
1 472
|
98 401
|
|
155
|
9 877
|
|
124 855
|
1993/94
|
29
|
10 032
|
|
83
|
6 684
|
1 477
|
116 790
|
|
145
|
10 027
|
|
143 533
|
1994/95
|
29
|
9 710
|
|
83
|
6 737
|
1 547
|
109 240
|
|
147
|
7 150
|
|
132 837
|
1995/96
|
29
|
9 651
|
|
83
|
6 789
|
1 548
|
110 843
|
|
166
|
7 175
|
|
134 458
|
1996/97
|
29
|
9 246
|
|
83
|
6 094
|
1 590
|
110 268
|
|
140
|
5 637
|
|
131 245
|
Source: Early Childhood and Statistics Sections, MOEYC.
- The
major legislative change in the education system has been the National Council
on Education Act, 1993, which was enacted in the
same year, to establish a body
known as the National Council on Education and a Fund to be called the National
Education Trust Fund,
and to provide for matters connected to the foregoing.
“The functions of the Council are to:
(a) advise the
Minister in policy matters relating to education in Jamaica;
(b) in
respect of every public educational institution owned by the Government,
nominate for the purpose of appointment as members
of the Board of Management of
such institution, such number of persons as may be
prescribed;
(c) assist in the preparation of plans and programmes for
developing and maintaining an effective and efficient educational
system;
(d) monitor and evaluate the implementation of the plans and
programmes referred to in paragraph (c) and in respect thereof, make
to the
Minister such recommendations as it thinks fit;
(e) manage the Fund in
conformity with this Act;
(f) stimulate the development of education in
Jamaica, whether by means of training programmes, competitions, exhibitions or
otherwise,
as the Council thinks appropriate; and
(g) perform such other
functions relating to education as may be assigned to it by the Minister
pursuant to this Act or any other
enactment.”
- The
exercise of these far-reaching functions affect the policies, facilities,
budgetary allocation, quality of education and, in the
long term, the enrolment,
drop-out and literacy rates, especially as the law provides that its membership
should include:
(a) One representative of each of the following
bodies:
(i) the political party forming the Government;
(ii) the political party forming the Opposition;
(iii) the University of the West Indies; and
(iv) the University Council of Jamaica;
(b) Two persons from
each of the following categories, being persons nominated by organizations
representing such categories:
(i) religious bodies;
(ii) the business sector; and
(iii) teachers;
(c) One person from each of the following
categories, being persons nominated by organizations representing such
categories:
(i) parents of children of school age;
(ii) students;
(iii) the media;
(iv) professional bodies;
(v) the agricultural sector; and
(vi) trade unions;
(d) Not more than six other persons on the
advice to the Governor General
to be persons knowledgeable and experienced
in matters relating to education, sports and
culture.[24]
- For
the measures adopted to make primary education compulsory please refer to the
initial report.
- There
is no category or group of children who do not enjoy the right to education.
Provision for children with disabilities is discussed
in paragraph 129 of this
report; the education of children who are deprived of liberty is conducted in
classes within the institutions;
girls who are pregnant continue their education
in school or in the Women’s Centre (see paragraph 182 of this report) and
children
with HIV/AIDS infection are allowed to remain in school as long as they
are able.
- The
Code of Regulations for the administration of discipline in schools articulates
the spirit of articles 29 and 37 (a) and the practice
is in conformity with the
general principles of nondiscrimination, best interests and respect for the
views of the child. Though
corporal punishment is not supported by the Ministry
of Education, it is being practiced in a few schools resulting in court cases
where the situation is thought to be extreme. The reason for this contradiction
lies in the ambivalence of the society on this question
and the varying
perception of whether corporal punishment is discipline or maltreatment. It is
proposed to prohibit corporal punishment
explicitly in the new legislation. In
the meantime, efforts to combat this practice include the training of teachers,
and the monitoring
by education officers.
- In
order to promote and encourage international cooperation in matters relating to
education, the Government of Jamaica works closely
with UNICEF, UNESCO, the
World Bank, USAID and FAO in providing equipment, training and technical
assistance in schools and teacher
training colleges. The commitment of the
Government to contributing to the
eliminating of ignorance and illiteracy,
taking particular account of the needs of developing countries in the context of
international
cooperation, is also demonstrated in the Social Sector Development
Project (GOJ/IBRD) and the Primary Education project outlined
in paragraph 205
of this report.
- It
is very important to mention, in the context of this paragraph, the EDUNET
Programme, in which the Ministry of Education, Youth
and Culture is implementing
a plan to provide every school with Internet connection where telephone
facilities exist, and to supply
others with relevant software to expand their access to educational materials
and appropriate learning approaches. This project was
facilitated by the
provision of 54 Pentium computers through the GOJ/China Cooperation
Grant.[25]
- In
the area of culture, technical cooperation facilitated training staff of the
Spanish Town Museum in the preparation of display
space and artefacts for
exhibition. Equipment for climate control and lights was purchased and
exhibition brochures were printed.
The same cooperation facilitated studies to
ascertain the history of Falmouth, an historic town, for building restoration
and constructed
and equipped a workshop at Mona Rehabilitation Centre (a centre
for children with physical disabilities) for the construction of
orthopaedic
aids for the local and regional market (please see paragraph 126 of this
report).
- All
projects involving international cooperation are subject to annual evaluation
by a team including representatives of the funding agencies and the
Government of
Jamaica.
B. Aims of education (art. 29)
- It
was pointed out in the initial report that the Mission Statement of the Ministry
of Education has a very similar aim to that stated
in article 29 of the
Convention, that is, to allow each child to develop his or her full potential.
Certain factors which restricted
the fullness of such development were mentioned
and steps have been taken to correct these over the five-year period under
review:
− Steps have been taken to reduce the incidence of irregular attendance by
the introduction of schemes like those mentioned
in paragraph 208 in this report
and the attendance mobilization programme, aimed at improving average attendance
to not lower than
85 per cent;
− The problem of language has been reduced by the inclusion of patois in
textbooks (see paragraph 209 of this report) and through
efforts to teach
English as a second language; and
− The Common Entrance Examination was held for the last time in January
1998, and will be replaced in 1999 by a National Assessment
Programme (see
paragraph 205 of this report).
- The
introduction to the section on education and culture in the Economic and
Social Survey, 1997 begins with the statement that “the long-term goal
of the Ministry of Education and Culture is to establish an effective system
for
the development of the country’s human
resources”.[26] The
next sentence reflects the Government’s commitment to the preparation of
the child for responsible life in a free society as it goes on to state that
“it is expected that
this will facilitate optimal improvements and utilization of Jamaica’s
human capital so that individual needs are met along
with the enhancement of
social and economic development of the nation”.
- Training
is provided to teachers to prepare them to direct their teaching towards these
aims by:
− Courses in teacher’s colleges and university in special education
for children with special needs, guidance counselling,
culture and physical
education; and
− Ongoing refresher courses, in-service training, seminars and workshops.
The revision of school policies and school curricula
at the various levels of
education has been outlined in paragraph 205 of this report.
- The
programmes ensure that children at all levels with special needs can take local
examinations through special provisions:
− School drop-outs are assisted through youth programmes such as the
National Youth Service and HEART. Cultural programmes
prepared by the Ministry
of Education encourage the development of talents in students;
and
− School curricula include not only academic but other social aspects of
human development.
- Peer
education and peer counselling programmes are implemented in some secondary
schools under the Guidance and Counselling Unit.
- Environmental
issues are included in all curricula. National organizations sponsor school
environmental programmes and some schools
have environmental
wardens.
- The
participation of children in all decisions affecting their education and
well-being is ensured by the existence of prefects and
student council groups,
student representation on school boards, and a National Secondary School
Council. The Council is a non-partisan
national umbrella organization that
trains, arbitrates, represents and lobbies for the rights, welfare and interest
of students at
the secondary level in 310 institutions, within 16 regions and 4
divisions with approximately 400,000 members between the ages of
11 and
19.[27]
- Individuals
and bodies are at liberty to establish and direct educational institutions with
the provision that these institutions
should be registered by the Ministry of
Education. That Ministry is responsible for ensuring that the education given
in such institutions
conforms to such minimum standards as are laid down by the
State. The number of private secondary schools has decreased in the last
decade
because of the increasing cost of maintaining such institutions. A number of
private preparatory schools catering to 4.6
per cent of the 6-11 age group still
exist. Table 16 illustrates this point.
Table 16
Primary level enrolment by type of
school
1992/93-1996/97
|
Primary
|
All-age
|
Primary and Junior High
|
Subtotal
|
Private Preparatory
|
Total
|
1992/93
|
163 893
|
141 658
|
n.a.
|
305 551
|
27 553
|
333 104
|
1993/94
|
169 114
|
129 618
|
12 414
|
311 146
|
18 000
|
329 146
|
1994/95
|
172 510
|
119 538
|
13 190
|
305 238
|
14 060a
|
319 298
|
1995/96
|
171 397
|
114 341
|
15 193
|
300 931
|
12 600b
|
313 591
|
1996/97
|
167 474
|
106 497
|
19 892
|
293 863
|
12 342c
|
306 205
|
Source: Statistics Section, MOEYC.
a
Estimated at 4.6 per cent of the 6-11 age group in keeping with enrolment
patterns shown in the 1994 Survey of Living Conditions
(SLC).
b Estimated at 4.0 per cent, SLC,
1995.
c Estimated at 4.0 per cent, SLC, 1996.
- The
Ministry of Education includes in its structure a department headed by a
Registrar of Independent Schools which is responsible
for the registration,
supervision and monitoring of educational institutions established and directed
by private individuals or bodies.
The purpose of the Registrar is to ensure
that the education given in such institutions conforms to such minimum standards
as are
laid down by the State.
- The
following strategies are employed to achieve this end:
− Principals and proprietors of independent schools meet at least twice
per year with staff of the Registrar (September and
March) to encourage them to
respect the aims of education and to ensure respect for the general principles
of the Convention;
− The core curriculum of the Ministry of Education has to be the base of
curricula offered in such schools;
− In-service training is offered to teachers in independent schools from
kindergarten level onwards;
− Early childhood programmes are supplied to such
schools;
− Regional officers supervise and report to the Registrar on these
schools; and
− The Registrar is currently working with independent schools to establish
accreditation systems; for this, schools are encouraged
to prepare children for
all exams entered by children in government schools such as the CXC (Caribbean
Examination Council), the
Caribbean equivalent of the O levels, and the HEART
National Exam.
- To
ensure safety and health, the Registrar requires fire certificates from fire
departments as a criterion for registration and that
the physical seating space
and number of children (8 square feet per child) should conform with the
standard required in government
schools. Independent schools are asked to give
a “census report” on the number of children and the number and
quality
of teachers employed. All teachers are expected to
register.[28]
C. Progress, difficulties and targets set
- There
have been several areas of progress achieved in the implementation of article
29, including the development of schools curricula
in schools, improved
provisions of textbooks, instructional materials and equipment, and the
improvement of infrastructure with the
aid of international agencies. Perhaps
the two most outstanding achievements have been the beginning of the process of
rationalization
of early childhood education with its implication of the
“whole child development” and the establishment of the non-partisan,
multidisciplinary National Council on Education.
- The
system has encountered continuing difficulties such as irregular attendance,
which continues to be a problem in spite of all efforts
to combat it; the low
attendance of boys past Grade 9; and to a lesser extent the impact of violence
on school attendance and, consequently,
on learning in some geographic
areas.
- Targets
set for the future include equity in curriculum, more enforcement of compulsory
primary education and an increase, through
continued efforts, in the level of
literacy and numeracy among primary students.
- There
is no specific legislation to ensure the right of the child to rest and leisure,
engage in play and recreational activities
and participate freely in cultural
life and the arts. This item will be included in the proposed Child Care and
Protection Act.
However, arrangements exist, outlined in the Code of
Regulations of the Ministry of Education, to ensure that the child enjoys these
rights.
- Schools
are required to include in their timetables adequate breaks for rest and
recreational activities; most schools are built with
areas for recreational
activities and primary schools have physical education teachers. There is a
college at the tertiary level
for the training of such
teachers.
- As
a supplementary provision, it is a government provision that all new housing
developments should have parks.
- The
child’s right to participate freely in cultural life and the arts is
ensured by the Jamaica Cultural Development Commission,
which promoted an annual
festival, in which all schools enter events in song and dance relating to their
heritage. There is also
a National Gallery and School of Art and Dance which
students are encouraged to visit.
- The
portion of the budget for the Ministry of Education, Youth and Culture which was
allocated to the arts and culture was 1.80 per
cent in the 1996/97 financial
year with a similar percentage of an increased overall budget in
1997/98.[29] The cultural,
artistic, recreational and leisure activities, programmes and campaigns
developed to ensure the enjoyment of the child’s
rights
include:
− The activities of the Jamaica Library Service, which provides materials
in recreational activities such as National Reading
Competition, exhibitions of
Children’s Art, weekly programmes and summer activities for young
people;
− The contribution of the private sector, which provides recreational
facilities and equipment for schools and communities
and an exchange programme
to enable children to be exposed to the culture of other
countries;
− The Social Development Commission, a government institution, the Police,
Churches, the YMCA and the YWCA, all of which sponsor
summer camps for children;
and
− The Sports Foundation, which contributes to the development of sports by
sponsoring community-based sports clubs and teams.
- There
is also a Cultural Division within the Ministry of Education, Youth and Culture
and a Cultural Development Commission through
which schools are encouraged to
participate in competitions, a national festival, independence celebrations and
the celebration of
Emancipation Day.
V. SPECIAL PROTECTION MEASURES
(arts. 22, 38, 39, 40, 37 (a)-(d) and 32-36)
A. Refugee children (art. 22)
- Jamaica
is a member of the United Nations community and is party to the collection
of international instruments covering refugees.
Although there is no specific
legislation to deal with the problems of refugees (for reasons outlined in the
initial report), agencies
such as the Red Cross and the United Nations
Commission on Human Rights are always ready to play a part in the rights of
refugee
children if necessary.
- The
Ministry of Foreign Affairs and Trade has the duty to liaise with the relevant
embassy in family tracing and eventual reunion
of unaccompanied children seeking
asylum and their parents.
- In
cases where no parent or other members of the family can be found, the child
would be afforded the same protection as any other
child permanently or
temporarily deprived of his or her family environment for any reason, that is,
he or she would be given temporary
accommodation and, if all enquiries fail,
taken before the court as in need of care and protection and, if the court so
deems, the
child is placed with a State agency for placement in a foster home or
children’s home on a Fit Person Order.
- The
placement of a child who had been taken into care arising from his/her arriving
in Jamaica as a refugee unaccompanied by parents
is reviewed at stated
intervals, decided by the court. The absence of legislation to cover the
welfare of refugee children is one
of the areas to be covered in the process of
legislative reform now in progress.
B. Children in armed conflicts (art. 38)
- No
issues of armed conflict refer to Jamaica and there is no legislation. However,
this issue has been included in the proposals
for a Child Care and Protection
Act.
C. Administration of juvenile justice (art. 40)
- Legislative
and other appropriate measures have been adopted to ensure that, inter alia,
every child has the following guarantees:
− To be presumed innocent until proven guilty according to the
law;
− To be informed promptly ... of the charges against
him;
− To have the matter determined without delay;
− Not to be compelled to give testimony or confess guilt;
and
− To have his privacy respected at all stages of the
proceedings.
(The responses to related queries are included
in the initial report.)
- With
regard to the right of the child to the free assistance of an interpreter if the
child cannot understand or speak the language
used, there is no legal provision
for this measure but such services are usually provided through the Ministry of
Foreign Affairs
and the Ministry of National Security by the Language Laboratory
of the University of the West Indies or the relevant embassy.
- More
frequently, there is need for assistance to children who are hearing-impaired
and facilities are available through the School
for the Deaf or other agencies
offering services to persons with disabilities.
- The
measures adopted pursuant to article 40, paragraph 3, to promote the
establishment of laws, procedures, authorities and institutions
specially
applicable to children alleged as accused of or recognized as having infringed
the penal law are described in the chapter
on special protection measures in the
initial report. Children are presumed not to have the capacity to infringe the
penal law before
the age of 12 years, which is described as the age of criminal
responsibility. Measures taken for dealing with such children without
resorting
to judicial proceedings are described in the chapter on special protection
measures in the initial report. In addition,
some parishes have established
Diversion Committees, which are designed to keep (or “divert”)
children who are accused
of minor offences out of the judicial system. The
child meets with the committee and is encouraged, in a non-formal atmosphere,
to
outline his difficulties, particularly those which may have contributed to his
alleged wrongdoing. Members of the committee seek
to take steps to alleviate
his problems in consultation with the child and his family.
- The
court has the power, as alternatives to institutional care, to make a
Supervision Order, to place the offender the supervision
of a Probation and
After Care Officer for a specified period. Foster care is always chosen as a
desirable alternative to institutionalization.
- Pursuant
to the adoption of the Beijing Rules (the United Nations Standard Minimum
Rules for the Administration of Juvenile Justice),
the Riyadh Guidelines (the
United Nations Guidelines for the Prevention of Juvenile Delinquency) and
the United Nations Rules for
the Protection of Juveniles Deprived of their
Liberty, the Government has developed improvements in the system of justice for
juveniles
along the lines of these international instruments. In 1997, a
Justice Training Centre was established with a Judge as Coordinator
to offer
courses for every member of the Justice System. Both local and overseas
training was provided through seminars, workshops
and attendance at conferences.
Six hundred and ninety-five (695) persons were trained locally and 11 persons
were sent abroad to
attend judicial and other conferences.
- These
activities were initially made possible through a USAID/Government of Jamaica
Sustainable Justice Reform Project from August
1992 to December 1996. Further
activities were supported by the Canadian International Development Agency
(reform of juvenile system),
the Department for International Development
(United Kingdom) and the Government of Jamaica. Under the same project
infrastructure,
the juvenile justice system was improved to
provide:
− Improved court house management by way of technical assistance and
training to court administrators;
− Equipment such as computers and terminals to facilitate recording of
data; and
− Furniture such as water coolers, cribs, chairs and family life videos
for the benefit of children and parents who attend
these
courts.[30]
- The
implementation of article 40 has been facilitated by the introduction of
programmes such as dispute resolution within the Police
Force and the Friends
Hotline, which enables children to discuss their problems in an anonymous and
non-threatening atmosphere.
D. Detention, imprisonment or placement in custodial settings
(art. 37 (b)-(d))
- The
legislative and other measures adopted pursuant to article 37 (b) to ensure that
no child is deprived of his or her liberty and
the arrest, detention or
imprisonment of a child is in conformity with the law and only as a last resort
and for the shortest appropriate
period of time and with respect for the general
principles of the Convention, are enshrined in Section 15 (1) of the Jamaica
Constitution and are fully discussed in the initial report.
- The
existing alternatives to the deprivation of liberty of children and the
mechanisms to prevent the deprivation of such liberty
are outlined in the
chapter on special protection measures in the initial report.
- The
measures and mechanisms established to prevent the deprivation of liberty of
children are the counselling programmes in schools,
the Family Court, the
Probation Service and others which have been mentioned. The imposition of
indeterminate sentences is forbidden
by law and is not carried out in
practice.
- No
independent mechanism exists to monitor the situation of the children concerned,
to monitor progress, identity difficulties and
goals for the future. This is
seen as a weakness and steps are being taken to correct it.
- Under
Jamaican laws, children cannot be deprived of liberty unlawfully or arbitrarily.
Children who are accused of serious offences
can be taken before the courts by
police and,
if found guilty, can be detained in juvenile correctional
institutions for various periods as directed by the court. The philosophy
of
these institutions is rehabilitation rather than
punitive.
- Table
17 and table 18 record the number of children who were taken before the courts
in 1997 by the reasons for their detention, gender
and rural/urban region.
The social and ethnic origin of such children is not recorded, and it has not
been possible to ascertain
the length of periods of detention. It is envisaged
that with the improvement of data collection it will be possible to disaggregate
such data.
Table 17
Reasons for which male juveniles appeared before the
courts
January-December 1997
|
Urban/rural Cornwall
|
Rural Middlesex
|
Urban/rural Surrey
|
Total
|
Murder
|
2
|
5
|
0
|
7
|
Manslaughter
|
0
|
1
|
0
|
1
|
Carnal abuse
|
5
|
18
|
9
|
32
|
Rape
|
0
|
1
|
2
|
3
|
Table 17 (continued)
|
Urban/rural Cornwall
|
Rural Middlesex
|
Urban/rural Surrey
|
Total
|
Indecent assault
|
16
|
13
|
29
|
58
|
Robbery
|
0
|
1
|
0
|
1
|
Robbery/aggravation
|
3
|
7
|
4
|
14
|
Burglary
|
0
|
1
|
0
|
1
|
Praedial larceny
|
34
|
41
|
79
|
154
|
Breaking/entering
|
17
|
15
|
21
|
53
|
False pretences
|
0
|
2
|
0
|
2
|
Fraud convictions
|
0
|
2
|
0
|
2
|
Forgery
|
0
|
1
|
0
|
1
|
Unlawful possession
|
3
|
1
|
1
|
5
|
Receiving stolen goods
|
2
|
3
|
3
|
8
|
Wounding
|
36
|
44
|
52
|
132
|
Assault
|
7
|
4
|
10
|
21
|
Assault o.b. harm
|
30
|
27
|
17
|
74
|
Dangerous drugs
|
17
|
11
|
28
|
56
|
Abandoning juvenile
|
1
|
0
|
3
|
4
|
Malicious destruction
|
4
|
7
|
14
|
25
|
Gambling
|
0
|
0
|
2
|
2
|
Arson
|
0
|
0
|
1
|
1
|
Variation of order
|
3
|
0
|
2
|
5
|
Breaking traffic law
|
3
|
4
|
11
|
18
|
Breaking firearm law
|
0
|
4
|
2
|
6
|
Shooting with intent
|
1
|
2
|
1
|
4
|
Minor offences
|
32
|
14
|
21
|
67
|
Breach of prob. order
|
1
|
1
|
2
|
4
|
Total
|
217
|
230
|
314
|
761
|
Table 18
Reasons for which female juveniles appeared before the
courts
January-December 1997
|
Urban/rural Cornwall
|
Rural Middlesex
|
Urban/rural Surrey
|
Total
|
Murder
|
0
|
1
|
0
|
1
|
Praedial larceny
|
4
|
5
|
7
|
16
|
Breaking/entering
|
0
|
2
|
1
|
3
|
False pretences
|
0
|
1
|
0
|
1
|
Fraud convictions
|
0
|
1
|
0
|
1
|
Receiving stolen goods
|
1
|
0
|
2
|
3
|
Wounding
|
11
|
23
|
27
|
61
|
Assault
|
4
|
0
|
7
|
11
|
Assault O.B. harm
|
7
|
9
|
8
|
24
|
Dangerous drugs
|
0
|
0
|
5
|
5
|
Abandoning juvenile
|
3
|
0
|
22
|
25
|
Malicious destruction
|
3
|
3
|
4
|
10
|
Gambling
|
0
|
0
|
1
|
1
|
Variation of order
|
2
|
0
|
6
|
8
|
Shooting with intent
|
0
|
2
|
0
|
2
|
Minor offences
|
20
|
10
|
18
|
48
|
Breach of prob. order
|
2
|
1
|
2
|
5
|
Total
|
57
|
58
|
110
|
225
|
- For
the legislative and other measures to ensure that any child deprived of liberty
is treated with humanity and respect for the inherent
humanity of the persons
and in a manner which takes into account the needs of persons of his or her age,
refer to the section on
Children in Conflict with the Law in the initial
report.
- For
arrangements made to ensure that the child deprived of liberty is separated from
adults, also refer to the initial report. The
practical arrangements which have
been instituted to facilitate this measure include the provision of special
holding areas to accommodate
children for brief periods at some large police
stations, when the holding of children in police stations is absolutely
unavoidable.
Another measure is the remand of children to special places of
safety and juvenile correctional institutions. The holding of sittings
of
Juvenile and Family Courts also serve the same purpose.
- Children
deprived of liberty are encouraged to maintain contact with their families, save
where such contract is not in the best interest
of the child. The circumstances
which would provoke an exception to the implementation of this right could be
where a child had
been exploited by a parent to obtain drugs or commit crimes
and the home environment was regarded as psychologically unhealthy for
the
child.
- Education
services within the institution are provided to the child in institutional care.
The Ministry of Health is also responsible
for providing health services, when
necessary. The general principles of the Convention are
respected.
- Parents
often provide legal assistance for children in conflict with the law. If they
fail to do so, legal assistance is provided
by the Legal Aid clinic and there is
no legal timelimit for access to such assistance. Other assistance such as
counselling, reunion
with parents and serving as liaison between the child and
the parents is provided by children’s officers and correctional officers
as appropriate. The child has the right to appeal to the Supreme Court against
his deprivation of liberty in the Family or Juvenile
Court. Prompt decision on
any such action will be taken and there is no legal time-limit. Parents and
guardians are always present
during court hearings and are encouraged to present
information in defence of their children.
- Assistance
is provided by the children’s officer or probation officer who brings the
child before the court. The need for an
officer independent of the court to
represent the child in conflict with the law is recognized and provision for a
juvenile defender
is being included in the Child Care and Protection Act which
is currently being drafted.
- A
great deal of progress has been made in the sensitization of police personnel to
the needs of children and the provisions of the
Convention on the Rights of the
Child. Ongoing seminars among police personnel, details of which are given
above in this report,
have made police, especially recruits and younger police
officers, aware of the needs of the child. Older police officers are sometimes
resistant to change, as are older members of the judiciary, who do not always
see the need for a flexible approach towards child’s
rights.
- In
spite of the adequate theoretical framework, which has been described in
paragraph 143 to the general principles of the Convention
as they affect
the rights of the child deprived of liberty, a great deal remains to be done as
regards the welfare of children on
remand awaiting a court hearing. In spite of
many efforts coming both from government, the public and outside services,
children
are still sometimes held in lockups by the police in sub-standard
conditions although they are separated from adults. The reason
for this is
threefold:
− lack of adequate space for holding children in
remand;
− lack of communication between police and children’s
officers;
− the need for communication between police and children’s officers;
and
− the need for continued sensitization of the police to the needs of
children.
- It
is a major target for the next two years to provide additional space for the
remand of children with the law; to maintain and establish
lines of
communication between the police and the children’s officers (to ensure
that children taken into custody by the police
are placed in suitable
accommodation) and to continue sensitization programmes with the
police.
- The
monitoring of institutions by members of the department which administers them
can be seen as a difficulty in ensuring objectivity
and at a meeting of social
work professionals which was held to facilitate the preparation of this report
it was suggested that a
multisectoral committee of independent persons should be
established to monitor these institutions with focus on areas like visitation,
correspondence, education and health and safety measures. This recommendation
will be implemented as a matter of urgency.
E. Sentencing of children (art. 37 (a))
- Legislation
exists to ensure that neither capital punishment nor life imprisonment without
possibility of release is imposed for offences
committed by persons before
18 years of age. Section 29 (1) of the Juveniles Act states
that:
Sentence of death shall not be pronounced on or recorded against a person
convicted of an offence if it appears to the Court that
at the time when the
offence was committed he was under the age of 18 years
...[31]
This provision is observed by the Courts.
- The
general aims of the Convention with regard to the sentencing of children are
further facilitated by the provision of 29 (2) of
the Juveniles Act, which
states that:
A juvenile shall not be sentenced to imprisonment, whether with or without
hard labour, for any offence, or be committed to prison
in default of payment of
any fine, damages or costs.
- Promotion
of the physical and psychological recovery and social reintegration of the child
involved with the system of the administration
of juvenile justice is undertaken
by a variety
of agencies. Chief among them is the Child Guidance Clinic, which has
branches island wide which offer assessment of troubled children
and children
who present behaviour problems; supervision by a psychologist and referral to
other agencies such as the Child Assessment
and Research in Education (CARE)
Centre at Mico College, a tertiary educational institution, is done with the aid
of international
funding. Both the Child Guidance Clinic and the CARE Centre
have access to the services of a psychiatrist.
- In
addition, all social work agencies, particularly the Children’s Services
and the Probation and After Care service offer support
to children who have been
involved in the system of justice and their parents.
- A
number of programmes and activities exist to provide education and training for
children who, for one reason or another, have dropped
out of the school system.
Most relevant to the needs of children who have been involved with the
administration of juvenile justice
is the Attendance Centre of the Family Court,
which was established to provide continued education and skills training for
children
who had received non-custodial sentences or completed custodial
sentences. Other services which provide for such children are, inter
alia, the
Learning for Earning Activity Programme (LEAP), which falls under the Ministry
of Education and provides the opportunity
to learn and earn as its name implies,
and the Human Employment and Resource Training (HEART) programme, which targets
the same group.
F. Children in situations of exploitation
- Legislative
and administrative measures to protect the child from economic exploitation
through child labour are recorded in the chapter
on Special Protection Measures
in the initial report. Refer also to the Introduction to this
report.
- Section
72 of the Juveniles Act, which is currently in force, provides
that:
No juvenile shall be employed:
(a) if under the age of 15 years, in any industrial undertaking; or in or
upon any ship, other than a ship where only members of
his family are employed;
or
(b) if under the age of 16 years in any night work.
- Section
75 (1) of the same law provides that “no person shall employ, for reward
or otherwise, any boy or girl in and about
the feeding and working of a sugar
mill”.
- These
provisions are intended to protect the child from any work that is likely to be
harmful to his or her health or physical, mental,
spiritual, moral or social
development.
- The
Children’s Services Division and the Ministry of Labour, Social Security
and Sports have the authority to investigate reports
of child labour and to
intervene if necessary. Guidance counselling and support is provided by a
number of agencies to prevent child
labour. These
include the Children’s Services Division, the Probation Services, the
Juvenile Unit of the Police Force; vocational training
programmes such as the
HEART programme and the LEAP programme supported by Government, and NGO
programmes such as the YMCA, YWCA,
and Children First directed at street
children, address the problem of child labour. An NGO group called the
Children’s Lobby
advocates the cause of children, especially street and
working children.
- For
the minimum age of employment and the appropriate regulation of the conditions
of employment, refer to the initial report. The
effective enforcement of this
article is ensured by the unit in the Ministry of Labour which has
responsibility to conduct inspection
of establishments to impose conformity to
regulations. The child can complain either directly or through a representative
to the
Labour Advisory Board.
- The
National Policy for Children has among its goals that “the Government will
ensure that children are protect from work which
threatens their health,
education or
development”,[32] and
cooperation between the Government and the Joint Trade Union Research
Development Centre (JTURD) to combat situations of children’s
economic
exploitation and labour.
- The
progress achieved in the implementation of this article is indicated in this
report; the benchmarks set up are the proposed ratification
of ILO Convention
No. 138 (1973) concerning the minimum age for admission to employment and
the enactment of the Child Care and Protection
Act. Although it is recognized
that legislation will not in itself prevent child labour, the achievement of
these goals will provide
legislative base to reinforce the efforts of the NGOs
and which continues to try to prevent child labour by public education campaigns
as well as the efforts of the State to provide adequate opportunities for
education for all children.
G. Drug abuse (art. 33)
- A
number of programmes were established for the control of drug abuse. Noteworthy
among these is the National Master Drug Prevention
and Control Plan (19972000),
which was tabled in Parliament in November 1997 and outlines a comprehensive set
of strategies in the
country’s antinarcotics programme aimed at reducing
the production, trafficking and use of illegal drugs. The target groups
of this
programme includes both adults and children. The segment directed towards
children includes public education and the promotion
of alternative lifestyle,
behaviour and choices through education, sports, culture, and skills’
training. Particularly directed
towards children has been the expansion of the
Prevention Education Programme in School. These programmes are administered
through
a National Council on Drug Abuse which promotes education among schools
and communities to discourage the use, abuse and trafficking
in drugs. The
measures to protect children from the illicit use of narcotics drugs and the use
of children in illicit production
and trafficking of such substances continue to
be mainly preventive.
- No
relevant international conventions have been ratified during the five-year
period of reporting. Several measures have been initiated
and continued to
assist children and their families: Government agencies include the Child
Guidance Clinic, which is headed by a
psychiatrist within the Ministry of Health
and has several branches island wide; the National Council on Drug Abuse; and
the Youth
Clubs within the police force. Many churches offer counselling and
assistance, both preventive and curative, to children at risk
of using drugs and
their families. The Child Guidance Clinic is particularly active in assisting
in the physical and psychological
recovery and social reintegration of the
children concerned. Since 1993 there is a helpline established by the
Jamaica Foundation
for Children, an NGO supported by representatives of the
corporate sector, and UNICEF, which is devoted exclusively to receiving
calls
from children on all problems, including drugs. Awareness is ensured by the
public education activities of the National Council
for Drug Abuse and workshops
and seminars conducted in schools and communities by the Guidance and
Counselling Department of the
Ministry of Education and the Ministry of Labour,
Social Security and Sports.
- The
Spirit Licence Law, which requires that registration of establishments which
sell alcohol, prohibits the sale of alcohol to
children.[33] Refer to the
initial report for further information on this subject.
H. Sexual exploitation and abuse (art. 34)
- For
legislative measures to protect the child from all forms of sexual exploitation
and sexual abuse, refer to the initial report.
During the five-year period
under review, new and amended legislation has been proposed to reinforce
existing laws for the protection
of children:
− Offences Against the Person Act: A bill was drafted to give the court
wider powers in dealing with rape and carnal abuse
and to make rape
genderneutral. This amendment has been discussed with various child’s
rights groups and awaits approval by
Parliament;
− Incest (Punishment) Act: An amendment to widen the category of
relationships falling within the definition of “incest”
is
proposed;
− A comprehensive Child Care and Protection Act is proposed (see
Introduction to this report); and
− The Domestic Violence Act was enacted in 1996 to protect families,
including children, against all types of abuse.
- The
staff of the Family Court, the Children’s Services Division and the
Correctional Services are all involved in information,
awareness and education
campaigns to prevent any form of sexual exploitation or abuse of the child.
This involvement includes the
conduct of seminars and workshops with various
groups such as youth groups, church groups and schoolrelated organizations such
as
Parent Teachers’ Associations.
- Other
information, awareness and education campaigns are the Family Life Education
programme undertaken in schools by the Ministry
of Education and various
campaigns sponsored by the churches and nongovernmental organizations designed
to sensitize and educate
children and the public about issues of sexual
exploitation.
- A
national and multidisciplinary strategy, which has been ongoing over the
fiveyear period, has focused on education among the police,
both at the
recruiting and services level, and other childrelated agencies. An example of
this is a series of seminars held in the
14 parishes in 19951996 by
the Specialist Committee on Child Abuse. Participants in these seminars
included police, social workers,
teachers and ministers of religion, who were
exposed to discussions and lectures (from health and social work professionals)
on Child
Abuse and related topics. This programme had as its aim the formation
of parish teams with the Children’s Services as the
nucleus, and the joint
activities of these teams have provided a useful tool in the united effort to
prevent child abuse. In 19971998,
through the efforts of the Child Support
Unit, education on child rights issues, including abuse, has been included
in the curriculum
of the Police Training School. This has been a segment of
the UNICEF country programme
for 19972001, and is monitored by the Programme
Coordinating Committee.
- The
legislation to ensure effective protection of child victims is discussed in the
initial report and the same paragraph indicates
that the use of children in
unlawful sexual practices is considered a criminal offence.
- The
principle of extraterritoriality is incorporated in legislation to criminalize
the sexual exploitation of children by nationals
and residents of Jamaica when
committed in other countries. The Government works through a special branch of
the Police with Interpol,
Federal Bureau of Investigation and the Drug
Enforcement Agency in the United States. The sexual exploitation of children is
an
extraditable offence. There is judicial and law enforcement cooperation in
following the procedures leading to the extradition of
persons accused of the
sexual exploitation of children in other countries. These procedures are, of
course, pursued after receipt
of satisfactory documentation on the alleged
offence.
- A
special unit of law enforcement officials and police liaison officers has
existed since 1993 to deal with children who have been
sexually exploited.
The personnel within this unit, which as centres island wide receive special
training for recruits and special
training before assignment to the Unit. This
special orientation includes training in: investigation of child abuse cases,
counselling,
methods of referral for treatment, where necessary, and public
education in schools.
- At
a conference of professionals held to collect material for this report, the
matter of child prostitution was raised as a concern
of persons working with
children. However, despite unconfirmed reports, no precise data could be
obtained from any agencies working
with children. The progress achieved in the
implementation of article 44 hinges on increased public awareness, the ongoing
training
of police and the establishment of the Juvenile Unit within the police.
The need for a uniform recording system at the national level
has presented a
difficulty and the targets highlighted include continuing public education,
expanded services and facilities for
victims of sexual abuse, improvement in the
legislation and, above all, an adequate and uniform recording
system.
- The
system of recording in the Police Force does not make it possible to present
disaggregated data on the children concerned, as
offences of drug trafficking do
not isolate the persons used.
- Information
on the legislation to prevent the abduction of, the sale or traffic in children
is provided in the initial report (Special
Protection
Measures).
- The
child is protected from all forms of exploitation by the provision of the
Offences Against the Person Act, the Juveniles Act and
the Incest (Punishment)
Act. These laws are administered before the Juveniles and Family Courts and the
Children’s Services
Division, and the Department of Correctional Services
intervenes if necessary, to remove the child from the exploitative
situation.
- There
is no significant incidence of exploitation of children in the Jamaican society
as suggested in article 36, other than those
discussed in paragraphs 280300, as
they relate to articles 32, 33, 34 and 35.
I. Children belonging to a minority or an indigenous group
(art. 30)
- The
initial report states, inter alia, that no official provision is made for the
protection of children in a minority or indigenous
group because, given the
structure of the society which has been described in the Introduction to this
report, there is no group
that can really be described as
indigenous.
- The
Arawak Indians, who were the original population, were wiped out during the
Spanish occupation in the fifteenth and sixteenth
centuries. The ancestors of
the people of African descent who are now in the majority came to the island as
slaves in the sixteenth
century, the Indians as indentured labourers in the
nineteenth century and the ancestors of the population of Caucasian descent
arrived,
chiefly from Britain, as plantation owners. All these groups are now
protected, as are their children, by the same laws, administered
in the same
Courts and promulgated by a mixed Parliament.
- The
statement above is true of the ethnic minorities and indigenous groups mentioned
in the current guidelines. A number of religious
minorities also exist, which
include Rastafarians, Jehovah’s Witnesses and Muslims. The basic human
and civil rights of children
from all these groups are observed. For example,
in schools there is tolerance of a different dress code, children may practice
their own religion and speak other languages, where these
apply.
- The
practices flow from the constitutional provision for the person’s
(including child’s) right to freedom of thought,
conscience and religion
(section 21 of the Jamaica Constitution). While the child of a minority group
is entitled, through the rights enshrined in the Constitution, to life, survival
and development, to health care and education, these rights are of course
restricted by the rights of parents,
(article 14 of the Convention) to provide
direction to the child in the exercise of his or her right in a manner
consistent with
the evolving capacities of the child.
- There
are some difficulties inherent in the implementation of the rights of the
religious groups discussed in this section, to enjoy
their own culture, which
lie not with the State, but in the attitudes of the groups themselves. One
example of this is the refusal
of Jehovah’s Witnesses to permit their
children to access health care by means of blood transfusion, even in
lifethreatening situations. The State does not impose its will on the child
but the exercise of this right is in direct conflict
with the child’s
right to the highest standard of health and medical care attainable (art. 24).
These problems are increased
by the wish of certain parents in closed religious
groups to protect their children from contact with the outside world, which
might
manifest itself by refusal to give evidence in court even to protect a
child from exploitation. Finally, this right to enjoy his
or her own culture is
sometimes frustrated by the influence of peer pressure on the child: for
example, a Rastafarian who wears
long hair (“locks”) in community
with other members of his group may become embarrassed with his or her
difference from
classmates, even though the State does not interfere with this
mode of dress. The targets to reduce these difficulties must be the
continued
training of police at all levels, increase in programmes for the sensitization
of individuals in the justice system to
the provisions of the Convention and
continued public education to ensure tolerance at all levels of the society.
The proposed establishment
of the Children’s Services Corporation to
address the needs of children in a holistic setting is also a target which, it
is
hoped, will produce positive results in the implementation of article
30.
ANNEXES
List of
Annexes[*]
Annex I Summary of comparative assessment of the Convention and existing
legislation
Annex II Registrar-General’s review
Annex
III National Policy on Children
Annex IV National Plan of
Action
Annex V Poverty map
Annex VI Country workshop’s
report
Annex VII Report on facilities for children with
disabilities
Annex VIII Structure (Health)
Annex IX Revised
Structure (Health)
Annex X National Insurance Act
Annex XI Study
of data on the abused child, by Dr. Pauline Milbourn
Annex XI
“SOME ACTS OF VIOLENCE
“The
accumulation of information about children and adolescents who have been victims
of child abuse and neglect, and details
about the perpetrators of this violence,
began in a structured way in 1991.
“Because Jamaica has no laws
which enforce the mandatory reporting of child abuse and neglect, the gathering
of information
about this grave public health problem is a purely voluntary
process, dependent on the efforts of a group of committed individuals.
“SOURCES OF REFERRAL
“Since 1991, confidential data have been
and is still being collected by a variety of health and social agencies
including
the police using a specially designed questionnaire. The agencies
(see table 1) which collect data are as follows: the child guidance
clinics, hospitals (Cornwall Regional Hospital, Bustamante Hospital for
Children, University Hospital), the Sexual Offences Units
(Police), the Family
Court, Children Services Division, VOUCH and Private Doctors. The majority of
reported cases come from the
Health facilities, the Family Court and the
Police.
“However there have been fluctuations in the volume of
data collected by the various agencies over time (see table 1). These
fluctuations are often due to changes in the availability of personnel to
provide these very important services. Overall, private
physicians contributed
less than 1% to the data collected during this study.
“DATA COLLECTION
“Between 1991 and 1995, data were
collected from approximately 2,000 victims of child abuse and neglect. Data in
the tables
may vary due to missing information for some variables. There was an
obvious reduction in the number of cases documented, from peak
of more than 500
cases in 1992, to 330 and 339 in 1994 and 1995 (see table 2).
“The
causes for this decline in data collection may include any of a combination of
the following:
(a) Diminution of enthusiasm after period of early
training;
(b) No feedback to agencies resulting in a reduction of
interest;
(c) Shifting of responsibility and alternate placement of many
of the trained personnel with adequate training of new staff;
(d) The
earlier years provided an index of prevalence, while the late years represent
only incidence, that is new cases only.
“REGIONAL VARIATIONS
“Most of the data were collected from
South Eastern (73%) and Western (21%) health regions of the island, (see table
2) with
less than 3% of cases emanating from two other regions respectively. A
true comparison cannot be made between the regions because
of the marked
discrepancy in the levels of services offered; that is, most of the resources
needed to care for child abuse victims
and their families exist mainly in the
south-eastern and western health regions.
“TYPE OF ABUSE AND GENDER
“Seventy-nine per cent (79%) of the
child victims were female and 21% were male. Most of the victims were between 5
and 14
years of age (64%).
“As sexual abuse was the most frequent
documented type of abuse it is not surprising that the preponderance of
victims were
female. 1,228 (M 65:F 1,163) children were sexually abused;
630 (M 283:F 347) physically abused; 143 (M 48:F 95) emotionally abused
and 226 (M 102:F 124) were neglected (see table 3). As 24% of boys and 13%
of girls were victims of more than one type of abuse,
the percentages in table 3
add up to more than 100%.
“Of the 65 cases of sexual abuse in
boys, it is important to note that 45% of
these youngsters are between the
ages of 5-9 in contrast to only 29% of girls in the same age
range.
“If the large number of sexually abused children are
removed from the data, as well
as the adolescents over 15 years who are
mostly girls, there are no gender differences
between the various types of
abuse and physical abuse becomes the most prevalent type of abuse.
“PREVIOUS HOSPITALIZATION
“Twenty two per cent of the sample
population had been previously hospitalized. More boys (34%) had been
hospitalized than
girls (19%), and children of both genders who were either
physically abused or neglected were more likely to have been previously
hospitalized (31% and 28% respectively) than those who were sexually or
emotionally abused (17% and 19% respectively). This may
suggest that physical
abuse and neglect are indicators of more failures in childcare than incidents of
sexual and emotional abuse.
“When these incidents of
hospitalization were reviewed in relation to maternal age, it was recognized
that 45% (p = .035) of
the mothers whose abused children were previously
hospitalized, were teenagers between 13 and 19 years of age, with another 20% of
mothers/guardians being 45 years and over.
“MEDICAL/SOCIAL HISTORY
“The majority of children in this study
are part of a high risk population of children in whom previous abuse is a very
common
historical finding; especially those children who are neglected,
physically abused and emotionally abused. Children of both genders
who are
considered slow, or who are frankly retarded are more likely to be victims of
emotional abuse and neglect. Retarded boys
are also at high risk for sexual
abuse.
“TIME AND PLACE OF ABUSE
“Young children are more likely to be
abused in the day-time in their own homes and older children in the evening time
in the
abuser’s home or elsewhere. In other words, as the child gets
older, the locus of the abuse shifts from the child’s
home to that of the
abuser or some other location, and from day-time to evening.
“THE PERPETRATORS OF ABUSE
“Who then is responsible for these acts
of violence upon our children? Parents and caregivers (see table 4) are
responsible
for the majority of physical and emotional abuse and neglect while
non-relatives are the main perpetrators of sexual abuse. The
majority of
perpetrators of sexual abuse are male (82%) between 20-49 years of age and are
known to their victims, however, perpetrators
of physical and emotional abuse
and neglect were equally likely to be female as well as
male.
“Male perpetrators spanned a wider age spectrum than the
females, with as many as 25% of the male abusers themselves being
teenagers
compared to only 9% of female perpetrators of the same age.
“SUMMARY
“The assembling an analysis of this body
of data on child abuse and neglect represents a major collaborative effort
between
various ministries, institutions and agencies with the public and
private sectors, non-governmental organizations and the international
funding
agency UNICEF. Without the financial support provided by UNICEF and the energy
and consistent efforts of the many professionals
who participated in this island
wide collection of data, we would still be uncertain about many of the facts
regarding reported child
abuse and neglect in today’s
Jamaica.
“From the data we now know that:
(a) There is a
predominance of females in the population of abused children who come to our
attention;
(b) Sexual abuse is the one most frequently seen by various
agencies;
(c) Of the sexually abused victims, males represent
16%;
(d) Most of these male victims are young, (45%) between 5-9 years
of age;
(e) Regarded boys are at high risk for sexual
abuse;
(f) As the child gets older the locus of abuse shifts from the
child’s home to other locations away from the home, and from
day-time to
evening;
(g) A previous abuse was common in this
population;
(h) Abused children who had been hospitalized were more
likely to have teenaged mothers;
(i) A history of previous abuse was
common in this population;
(j) Abused children who are considered to be
slow or retarded are likely to be victims of emotional abuse and
neglect;
(k) Perpetrators of sexual abuse were mostly male and known to
their
victims;
(l) Twenty five per cent of male perpetrators were
teenagers, that is children are abusing other children;
(m) Parents and
caregivers are responsible for the majority of physical and emotional abuse and
non-relatives for sexual abuse.
“If we want to facilitate change
in this arena and learn even more about child abuse and neglect, we have to
continue gathering
information on every victim with whom we as professionals
come in contact.
“Hard data on child abuse and neglect will allow
us to map trends in the development of this public health scourge, identify
regions of greatest need, provide accurate information for our social planners,
compare our findings with our Caribbean neighbours
and develop policies aimed at
rescuing children who are being repeatedly abused.
“The voluntary
documentation of information on child abuse and neglect victims by physicians,
nurses, social workers, children
officers, probation officers and police
personnel must continue and improve while we await the legal process which will
make the
reporting of this condition mandatory.
“Affette McCaw
Binns
Pauline E. Milbourn
June 1997 (cgck)
Table 1
Agency reporting client information by year
(1991-1995)
|
Total % (n)
|
1995 % (n)
|
1994 % (n)
|
1993 % (n)
|
1992 % (n)
|
1991 % (n)
|
Public hospitals
|
26.2 (505)
|
14.0 (46)
|
9.1 (30)
|
5.7 (116)
|
34 (195)
|
34.9 (95)
|
Bustamante
|
8.8 (169)
|
7.0 (23)
|
4.2 (14)
|
12.3 (52)
|
7.1 (41)
|
14.3 (39)
|
Cornwall Regional
|
13.6 (261)
|
2.4 (8)
|
-
|
20.9 (48)
|
23.3 (134)
|
16.9 (46)
|
University Hospital
|
3.9 (75)
|
4.6 (15)
|
4.8 (16)
|
3.8 (16)
|
3.1 (18)
|
3.7 (10)
|
Child Guidance Clinics
|
26.0 (500)
|
44.4 (146)
|
26.1 (86)
|
20.9 (88)
|
23.3 (134)
|
16.9 (46)
|
Family Court
|
25.6 (492)
|
21.3 (70)
|
42.1 (139)
|
20.9 (88)
|
22.3 (128)
|
24.6 (67)
|
Children Services Division
|
5.3 (104)
|
9.1 (30)
|
5.5 (18)
|
10.4 (44)
|
2.1 (12)
|
-
|
VOUCH
|
0.5 (10)
|
1.2 (4)
|
-
|
-
|
-
|
2.2 (6)
|
Private doctors
|
0.3 (6)
|
0.3 (1)
|
-
|
-
|
0.9 (5)
|
-
|
Sexual Offences Units (Police)
|
16.1 (310)
|
9.7 (32)
|
17.3 (57)
|
20.4 (86)
|
17.4 (100)
|
12.9 (35)
|
Total
|
1 927
|
329
|
330
|
422
|
574
|
272
|
Table 2
Parish and region of residence of clients seen
(1991-1995)
|
Total
|
1995
|
1996
|
1993
|
1992
|
1991
|
SOUTH EAST REGION Kingston/St. Andrew St. Thomas St.
Catherine
|
1 418 (73.2) 1 242 (64.1) 48 (2.5) 118 (6.1)
|
224 166 25 33
|
299 268 2 29
|
327 298 12 17
|
372 333 12 17
|
196 177 3 16
|
NORTH EAST REGION Portland St. Mary St. Ann
|
55 (2.8) 14 (0.7) 9 (0.5) 32 (1.7)
|
13 1 2 10
|
18 9 1 8
|
19 1 4 14
|
4 2 2 -
|
1 1 - -
|
WESTERN REGION Trelawny St. James Hanover
Westmoreland
|
399 (20.6) 9 (0.5) 357 (18.4) 22 (1.1) 11
(0.6)
|
83 3 76 4 -
|
4 - 3 - 1
|
69 1 58 6 4
|
173 3 160 5 5
|
70 2 60 7 1
|
SOUTHERN REGION St. Elizabeth Manchester Clarendon
|
56 (2.9) 8 (0.4) 35 (1.8) 13 (0.7)
|
13 - 11 2
|
9 1 4 4
|
7 4 1 2
|
22 3 15 4
|
5 - 4 1
|
NOT KNOWN
|
9 (0.5)
|
6
|
-
|
-
|
3
|
-
|
Total
|
1 937 (100)
|
339
|
330
|
422
|
574
|
272
|
Table 3
Types of abuse by gender (multiple responses possible)
|
Males n %
|
Females n %
|
Physical
|
283/70.4
|
347/22.8
|
Emotional
|
48/11.9
|
95/6.2
|
Sexual
|
65/16.2
|
1 163/76.3
|
Neglect
|
102/25.4
|
124/8.1
|
Total
|
402/123.9
|
1 525/113.4
|
Table 4
Relationship of victim to abuser by type of abuse
Abuser/Victim
relationship
|
Emotional
|
Physical
|
Sexual
|
Neglect
|
Total
|
Parent/caregiver
|
75.8
|
80.1
|
14.8
|
88.8
|
41.5
|
Other relative
|
4.5
|
6.1
|
6.6
|
4.4
|
6.3
|
Non-relative
|
19.7
|
13.8
|
78.6
|
6.8
|
52.5
|
Source: Report on study Dr. Milbourn, Child Guidance Clinic,
June 1997.
Bibliography
Government of Jamaica/UNICEF, Situation
Analysis of Children and Women in Jamaica, 1995
Laws of
Jamaica
Ministry of Environment and Housing, Habitat
Report
Ministry of Health, Annual Report 1996
Planning Institute
of Jamaica, Economic and Social Survey, 1997
Planning Institute of
Jamaica/Statin, Survey of Living Standards, 1996
Planning
Institute of Jamaica, Poverty Mapping, 1997
Review of Legislation
Affecting Children, 1994
Report of Task Force on Children Abuse,
1988
-----
Notes
1 See Government of Jamaica/UNICEF, Situational
Analysis of Women and Children in Jamaica, 1995, p. 6.
[2] Planning Institute of
Jamaica, Economic and Social Survey, 1997, Cap. 24.
[3] Source, Adoption
Board.
[4] Planning Institute of
Jamaica, Economic and Social Survey, 1997, p. 24.7.
[5] Ibid.
[6] This information was
taken from the report on a workshop of health professionals in Kingston in
October 1997.
[7] Planning Institute of
Jamaica, Jamaica Survey of Living Conditions, 1996, p. 56.
[8] Ibid., p. 57.
[9] Ibid., p.
57.
10 Planning Institute of Jamaica, Economic and
Social Survey, 1997, Cap.32.
[11] Ibid.,
p. 24.9.
[12] Planning Institute
of Jamaica, Economic and Social Survey, 1997, p. XX.
[13] Planning Institute
of Jamaica, Jamaica Survey of Living Conditions, 1996, p. XIII.
[14] Ibid.,
p. XV.
15 Planning Institute of Jamaica.
[16] Source:
Habitat Secretariat, Ministry of Environment and Housing.
[17] Source:
Ministry of Education - Workshop of Professionals.
[18] Planning Institute
of Jamaica, Economic and Social Survey, 1997, p. 20.4.
[19] Planning Institute
of Jamaica, Economic and Social Survey, 1997, p. 20.3.
[20] Planning Institute
of Jamaica, Economic and Social Survey, 1997, p. 20.4.
[21] Ibid., Cap. 20.
[22] Ibid., p. 20.2.
[23] Planning Institute
of Jamaica, Economic and Social Survey, 1997, p. 20.7.
[24] National Council on
Education Act, 1993.
[25] Planning Institute
of Jamaica, Economic and Social Survey, 1997, p. 20.5.
[26] Planning Institute
of Jamaica, Economic and Social Survey, 1997, Cap. 20.
[27] Mission
Statement, supplied by the National Secondary Schools Council.
[28] Information supplied
by the Registrar of Independent Schools.
[29] Planning Institute
of Jamaica, Economic and Social Survey, 1997, p. 20.2.
[30] Internal Report
on Sustainable Justice Reform Project, supplied by the Planning Institute of
Jamaica.
[31] Juveniles Act,
Section 29 (1).
[32] National Policy
on Children, p. 15.
[33] Spirit Licence Law,
Laws of Jamaica.
[*] Annexes I to X can be consulted in the
files of the secretariat. Annex XI, the report of
Dr. Pauline Milbourn on data relating
to child abuse, is attached,
unedited.
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