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Dominica - Initial reports of States parties due in 1993: Addendum [2003] UNCRCSPR 26; CRC/C/8/Add.48 (15 October 2003)
UNITED NATIONS
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CRC
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Convention on the Rights of the Child
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Distr. GENERAL
CRC/C/8/Add.48 15 October 2003
Original: ENGLISH
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COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF
REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE
CONVENTION
Initial reports of States parties due in 1993
DOMINICA
[21
January 2003]
GE.03-44394 (E) 081203
CONTENTS
Paragraphs Page
Introduction 1 - 14 5
I. GENERAL POLITICAL AND LEGAL STRUCTURE 15 - 28 7
II. GENERAL MEASURES OF IMPLEMENTATION 29 - 51 8
Recommendations 46 - 51 11
III. DEFINITION OF THE CHILD 52 - 81 11
Recommendations 77 - 81 15
IV. GENERAL PRINCIPLES 82 - 115 15
Article 2. Non-discrimination 82 - 86 15
Article 3. Best interest of the child 87 - 94 15
Article 6. The right to life, survival and development 95 - 103 16
Article 12. Respect for the views of the child 104 - 110 18
Recommendations 111 - 115 19
V. CIVIL RIGHTS AND FREEDOMS 116 - 168 19
Articles 7 and 8. Name, nationality and identity 116 - 130 19
Article 13. Freedom of expression 131 - 139 21
Article 17. Access to appropriate information 140 - 148 22
Article 14. Freedom of thought, conscience and religion 149 - 153 23
Article 15. Freedom of association and peaceful assembly 154 - 155 23
Article 16. Protection of privacy 156 - 157 24
Article 37. Protection from inhuman treatment, torture or
degrading
punishment 158 - 162 24
Recommendations 163 - 168 25
CONTENTS (continued)
Paragraphs Page
VI. FAMILY ENVIRONMENT AND ALTERNATIVE CARE 169 - 248 25
Articles 5 and 18, paragraphs 1 and 2. Parental guidance
and
responsibilities 169 - 179 25
Article 9. Separation from parents 180 - 184 27
Article 10. Family reunification 185 28
Article 27, paragraph 4. Recovery of maintenance for
the child 186 -
194 28
Article 20. Children deprived of a family environment 195 - 207 29
Article 21. Adoption 208 - 214 31
Article 11. Illicit transfer and non-return 215 - 217 33
Article 19. Abuse and neglect 218 - 231 34
Article 25. Periodic review of placement 232 - 234 36
Recommendations 235 - 248 37
VII. BASIC HEALTH AND WELFARE 249 - 340 38
Article 6, paragraph 2. Survival and development 249 - 256 38
Article 23. Disabled children 257 - 267 41
Article 24. Health and health services 268 - 309 43
Articles 26 and 18, paragraph 3. Social security and
child-care
services and facilities 310 - 322 50
Article 27, paragraphs 1-3. Standard of living 323 - 326 51
Recommendations 327 - 340 52
VIII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES 341 - 401 52
Article 29. Aims of education 351 - 383 54
Article 31. Leisure, recreation and cultural activities 384 - 389 60
Recommendations 390 - 401 61
CONTENTS (continued)
Paragraphs Page
IX. SPECIAL PROTECTION MEASURES 402 - 431 62
Articles 22, 38 and 39. Refugee children and children in
armed
conflicts, and social reunification 402 - 403 62
Article 40. Administration of juvenile justice 404 - 409 62
Article 37 (b), (c), (d). Deprivation of liberty 410 - 412 63
Article 37 (a). The sentencing of juveniles 413 - 423 64
Article 39. Physical, psychological and social reintegration 424 -
427 66
Recommendations 428 - 431 67
X. CHILDREN IN SITUATIONS OF EXPLOITATION 432 - 469 67
Article 32. Economic exploitation 432 - 437 67
Article 33. Drug abuse 438 - 449 68
Article 34. Sexual exploitation and sexual abuse 450 - 458 69
Article 36. Other forms of exploitation 459 71
Article 35. Sale, trafficking and abduction 460 - 461 71
Recommendations 462 - 469 72
XI. CHILDREN OF MINORITY OR INDIGENOUS GROUPS 470 - 473 72
Article 30. Children belonging to a minority or an
indigenous group
470 - 473 72
XII. CONCLUSION 474 - 477 73
List of appendices 74
Reference list of legislation*
List of references*
* These documents are available for consultation, in the
original language, in the files of the secretariat.
Introduction
- The
Commonwealth of Dominica is the northernmost and largest island in the Windward
Chain with a landmass of 751 square kilometres.
It is strategically located
between the French islands of Guadeloupe to the north and Martinique to the
south. The island gained
its independence in 1978 from Britain and now enjoys
membership in a number of international and regional organizations including
the
Organisation of Eastern Caribbean States (OECS) and the Caribbean Community
(CARICOM).
- Based
on the 1991 population census, Dominica recorded a population count
of 71,183 persons. It is estimated that forty-one (41)
per cent of
the population is 18 years and under (see appendix 1A).
- The
population under 15 years of age decreased, both in numbers and percentages,
from 29,406 in 1981 (39.9 per cent) to 23,139 (33.3
per cent) in 1991. The
decline in the 014 age group was mainly due to the sharp reduction in
fertility, which occurred in Dominica
in the 1970s (1991 Census Report).
- The
elderly population continues to increase. In 1991, it totalled 789 more persons
than in 1981 and according to the census figures,
the elderly form 8.8 per cent
of the total population, up from 7.2 per cent in 1981.
- The
consistent decline in the young population and continued increase of the elderly
will very likely present a challenge for present
and future economic and social
planning.
- Sex
ratios (males per 100 females) have not shown an excess of males over females,
although for the 1981 and 1991 censuses, the sexes
were almost equally divided
(99 males per 100 females).
- Since
independence and until the late 1980s, Dominica had been a stable economically
growing country with reasonably good social indicators
fuelled by strong growth
in agriculture and manufacturing. The domestic economy grew at an average
annual rate of 5.2 per cent in
real terms during the period 1981-1990. However,
since then, continued growth in Dominica’s economy has been sluggish
resulting
in a gross domestic product (GDP) growth rate
of 2.09 per cent over the period 1994-1999. This was primarily
due to relatively weak
institutional capacity (lack of skilled human resources
and financial resource) and dependence on a single crop - banana - whose
preferential market is being threatened by trade liberalization and its
vulnerability to hurricanes and tropical storms. Economic
growth is largely
dependent on external trade due to the small domestic market, but this is
constrained by limited physical access
cushioned by the absence of an
international airport. In addition, industrial expansion has been constrained
by lack of accessible
capital for investment and our present inability to
attract local and overseas investors. Inadequate sewage facilities also
constrain
industrial expansion and pose environmental risks. Presently under
consideration is a water and sewage disposal system for areas
in the
capital.
- According
to a Review of the Economy 1999 (George, 2000), “Central
Government’s fiscal position deteriorated sharply in
1999 with a current
account deficit of 0.8 per cent of GDP being recorded compared to a current
account surplus equivalent of 1.3
per cent of GDP in 1998. Central Government
cash flow pressures persisted with some adverse effect on the rate of
implementation
of the Public Sector Investment Programme (PSIP). As a result of
borrowing operations during the year, Central Government disbursed
outstanding
debt increased from $348.63 million in 1998 to $475.87 million in 1999
or 66 per cent of GDP.” The main contributors
to the slight improvement
in the economy were activities in agriculture, tourism and construction.
- In
1996, Dominica ranked 64 out of 174 countries, according to the
United Nations Human Development Index (HDI) which is used as a
basis for
assessing the living standards of countries. However, in 1997, there was upward
mobility with Dominica ranking 41 out
of 175. Since then, the ranking shows a
decline with 51 out of 174 in 2000. This points to erosion in living standards,
which is
attributable to the State’s economic decline, which has affected
per capita income.
- A
1995 study of living conditions in Dominica undertaken with technical assistance
from the British Development Division reported
that an estimated 27.6 per cent
of the population was living in poverty.
- Dominica
is at present attempting to identify issues and priorities for poverty reduction
and alleviation. This effort is supported,
among others by the World Bank, the
United Nations Economic Commission for Latin America and the Caribbean
(ECLAC) and the Caribbean
Development Bank (CDB).
- The
fundamental economic challenge that Dominica faces is to accelerate growth to an
extent where full employment is created and growth
itself contributes to
sustainable development. The Government will place increased emphasis on
accelerating the pace of agricultural
diversification and the development of
Dominica’s eco-tourism product, which include, among other things, the
improvement of
air access and the institutionalization of standards. The
Government is promoting Dominica as a major financial centre in the Caribbean
through offshore banking and the registration of international business
corporations and maritime operators. Further, the development
of an informatics
and information technology industry is also central to the Government’s
attempt at adding value to national
income and reducing the unemployment rate.
These initiatives will be pursued through partnership with both local and
foreign investors,
including institutions of higher learning.
- The
Government has announced measures to restore discipline and prudence in its
operations. These include improving the management
capacity of the
Government’s financial resources and restructuring its debt through
divestment of assets, which is intended
to lead to further private sector
participation in economic activities. In addition, shifting the burden of
taxation from direct
to indirect taxation, thereby improving efficiency and
promoting savings and investments, is also under consideration.
- Despite
the poor state of Dominica’s economy, programmes and activities geared to
improving the status of Dominican children
have over the past 10 years been
accorded high priority. In that regard, social policies and legislative reform
in favour of children
have had positive results. The United Nations
Children’s Fund (UNICEF) and other funding agencies have for many years
worked
in partnership with Dominica in enhancing the quality of life of
- children
and their families. UNICEF’s programme of cooperation has not only
benefited children, but has impacted on overall
national development, in
particular the Ministries of Health, Child Rights Promotion and Early Childhood
Development.
I. GENERAL POLITICAL AND LEGAL STRUCTURE
- Dominica
is a former British colony. It became an independent country
on 3 November 1978. On assuming that status, Dominica chose
to
become a democratic parliamentary republic. The State has remained a member of
the Commonwealth.
- The
Constitution is based on the Westminster model. Consistent with the model, the
Constitution provides that the executive authority of Dominica is vested in the
President (Constitution, chap. IV, sect. 58). The President is
elected by Parliament, and shall hold office for a term of five years.
- Dominica’s
electoral system is also patterned on the British Westminster System. The
multiparty system provides for the election
of a prime minister as Head of
Government. Through general election, the Government may serve a term of five
years and can be re-elected.
- The
branch of Government invested with the function of making laws is the
Legislative. Dominica has a unicameral legislature (ibid.,
chap. III).
The House consists of 21 elected representatives (sect. 33). In addition,
nine senators may either be elected or appointed (sect. 34). At present,
the senators are appointed. Five are appointed by the President with the advice
of the Prime Minister, and four are
also appointed by the President, but on the
advice of the Leader of the Opposition.
- The
life of Parliament is fixed at five years, at the end of which a dissolution
takes place through a proclamation by the President.
A general election must be
held within three months after the dissolution (ibid., chap. III,
sect. 5.4).
- The
executive structure of the Government is headed by the Cabinet, which is
presided over by the Prime Minister and comprises the
appointed Cabinet
ministers. The Cabinet formulates policy and is vested with the general control
of the Government.
- The
judiciary is that structure of Government responsible for administering the laws
of the State and determining issues and disputes
arising under these laws.
- The
Constitution is held as the supreme law of Dominica. It is the law which
establishes and defines the powers and authority of the main instruments
of the
State. All other laws must be consistent with the Constitution, otherwise they
can be declared null and void.
- The
Constitution (chap. I) deals with the protection of fundamental rights and
freedoms. The rights of children are guaranteed. Chapter I
states,
“whereas every person in Dominica is entitled to the
fundamental rights and freedoms, that is to say, the right, whatever his
race,
place of origin, political opinions, colour, creed or sex, but subject to the
respect for the rights and freedoms of others
and for the public interest, to
each and all the following, namely:
“(a) Life, liberty, security of the persons and the protection of the
law;
“(b) Freedom of conscience, of expression and of assembly and
association; and
“(c) Protection for the privacy of his home and other property and
from deprivation of property without compensation.”
- Any
person who alleges violation of his human rights has authority under the
Constitution to apply to the High Court for redress (ibid., chap. I,
sect. 16 (10)).
- Dominica’s
court structure provides for three levels of adjudication, namely the Magistrate
Court, the Supreme Court and the
Eastern Caribbean Court of Appeal. Juvenile
courts fall under the jurisdiction of the Magistrate Court, but special
provisions are
made for the establishment and proceedings in Juvenile Courts
(Children and Young Persons Act, chap. 37:50, sects. 11 and 18).
- If
any person is charged with a criminal offence, unless the charge is withdrawn
the case shall be afforded a fair hearing within
a reasonable time by an
independent and impartial court established by Law (Constitution, chap. I,
sect. 8 (1)). Any person may
apply to the High Court for redress if he
thinks that his rights and freedoms are being violated. The High Court may make
declarations
and orders, issue writs and give such directions as it may consider
appropriate.
- For
the purpose of holding Magistrate Courts in the State, there shall be a Chief
Magistrate and such other magistrates as may be
appointed from time to time.
The magistrate has jurisdiction to try both summary and civil matters, as well
as the holding of preliminary
inquiries.
- Appeals
from decisions of both High Court and Magistrate Court can be lodged with the
Eastern Caribbean Court of Appeal headed by
a Chief Justice. The Court of
Appeal has periodic sittings in Dominica. In the event of an unsuccessful
appeal, an individual has
recourse to the British-based Privy Council
II. GENERAL MEASURES OF IMPLEMENTATION
Measures taken to harmonize national laws and policies with
the provisions of the Convention
- The
Government of Dominica has enacted much of the legislation required to implement
the Convention.
- Since
ratification of the Convention, certain legislation has been reformed in keeping
with Government’s resolve to protect
the rights of children, and thereby
conform to the provisions of the Convention. The following legislation was
amended or enacted:
(a) Sexual Offences Act, No. 1 of 1998. This
Act came into effect in 1998 and makes provisions relating to sexual crimes,
including
the abduction, procuration and prostitution of persons. Section 4 (1)
(c) of the Act sets the age of consent at 16 years, up from
14 years as
stipulated under the previous Act. Section 7 provides for a maximum of 25
years’ imprisonment for any person who
has sexual intercourse with any
person under the age of 14 years, while section 8 specifies a penalty of 14
years for attempting
to have sex with another person between the ages of 14 and
16 years. Section 27 makes provision for hearings in camera for minors
while
section 33 provides for admissibility of video recorded evidence. The law as it
relates to corroboration of evidence for or
against the person charged is eased
(sect. 28) while parents or guardians of minors may be called as
compellable witnesses (sect.
29);
(b) Children and Young Persons Act, chap. 37:50. This statute was enacted
in 1970 and provides for the care, supervision and protection
of children and
young persons. Section 39 (1) of the Act was amended by the Children
and Young Persons (Amendment) Act 1995 so that
persons liable to make a
contribution in respect of a juvenile could be required to increase their
financial contribution to EC$
50 per week where a fit person order is made.
Section 5 of the Act was amended to provide stiffer penalties for persons
convicted
of any offence under the Act;
(c) Maintenance Act, chap. 35:61. The Maintenance Act primarily provides
for paternity, affiliation and support for the child.
Section 5 of the Act was
amended by the Maintenance (Amendment) Act 1995. A maximum of EC$ 50 weekly for
the maintenance of a child
is now provided. This is an increase from the EC$ 35
weekly which was formerly provided under the Act.
- A
review of legislation pertaining to children has been undertaken. The
consultant’s report indicated that generally “the
laws of the
Commonwealth of Dominica are in conformity with the letter and spirit of the
Convention. However, in some instances
there is a lacuna between the law, its
practice and its enforcement”. For example, the Citizenship Act, chap.
1:10 as presently
exists does not protect the child against statelessness. In
addition, the Social Security Act, chap. 31:01 places a limit on the
number of
children for which parents can receive social security benefits (presently two).
This means that not every child is actually
entitled to social security.
- The
following legislation is under consideration for enactment: (a) the Domestic
Violence Act; (b) the Families and Children Act.
- In
addition to the above, a feasibility study has been undertaken for the
establishment of a Family Court. In keeping with that concept,
a Family Court
Act would have to be enacted.
- The
formulation of policies is receiving attention. Child abuse management
procedures to better protect abused children are now in
place. In addition,
regulations to govern the operation of day-care centres are soon to be
implemented.
Coordinating children’s policies and monitoring the
implementation of the Convention
- The
Ministry of Community Development, through its Social Welfare Division, is the
main government department responsible for policy
on matters relating to
children. This, however, does not rest exclusively with that Ministry, since
other relevant departments,
like Health and Education, in addition to
non-governmental agencies, locally, regionally and
- internationally,
collaborate on children’s policies. Worth mentioning are UNICEF, the
Pan American Health Organization (PAHO),
the World Health Organization
(WHO), the National Children Home (NCH) with headquarters in Barbados, and the
Committee for the Concerns
of Children in Dominica.
- The
Ministry of Community Development is directly responsible for the monitoring and
implementation of the Convention. This is being
done jointly with the Committee
on the Convention on the Rights of the Child, whose role is to advise Government
on matters relating
to the rights of children, monitoring the implementation of
the Convention, and the promotion of child rights activities.
Article 42. Publicizing the provisions of the
Convention
- Government
and its appointed Committee on the Convention on the Rights of the Child have
jointly undertaken a national public education
campaign to promote awareness of
the principles and provisions of the Convention.
- So
far, a number of district workshops targeting both adults and children alike in
both rural and urban areas have been held. Separate
workshops have been
convened for professional and other groups working with and for children. These
include teachers, police and
others working in the administration of justice,
policy makers in the government system, health personnel, media personnel and
social
workers.
- In
addition, a national children’s consultation was convened. At that
consultation, the children were educated on the Convention.
They also examined
positive issues in Dominica as they related to the Convention and they looked at
areas where child rights are
being violated. The children adopted a number of
recommendations to better protect the rights of children in Dominica. These
were
subsequently presented to Government for consideration and action.
- The
Social Welfare Division, through its Child Abuse Prevention Programme, and the
Adult Education Division, have conducted educational
sessions on the rights of
the child with Parent-Teachers Associations and other groups.
- The
Committee for the Concerns of Children, a non-governmental organization, has for
the past several years held an annual week of
activities which highlighted
either child abuse or parental responsibility.
- The
Social Centre, another non-governmental organization, has an annual month of
activities during which some attention is given to
educating parents,
pre-schoolers and the general public on certain child rights. Other groups such
as Dominica Save the Children
(DOMNIKSAVE) and the Christian Children Fund (CCF)
have activities and programmes geared at improving the status of children.
- Dominica
fully supports the World Declaration on the Survival, Protection and Development
of Children. In keeping with the provisions
of the Declaration, a National Plan
of Action for children is in the preparation phase. The objective of the Plan
of Action is to
- coordinate
the programme of activities of both the public and private sector, focusing on
children’s needs and incorporating
them in the National Development Plan.
The Plan established goals for the survival, development and protection of
Dominica’s
children and identifies strategies and actions to achieve
them.
Article 44, paragraph 6. Publicizing the report
- The
Government of Dominica is committed to publicizing this report as widely as
possible. Copies of the report will be made available
to all relevant
government and nongovernmental departments/organizations, media houses and
individuals for comments. Copies will
be sent to public institutions like
libraries for perusal by students and other members of the public. The various
schools will
receive copies.
- The
above effort will reinforce Government’s commitment to making this report
as widely available to the public.
Recommendations
- The
political will of the Ministry of Community Development and Women’s
Affairs to implement the Convention needs to pervade
the entire government
system.
- The
Ministry of Community Development, in collaboration with the Committee on the
Convention on the Rights of the Child, needs to
accelerate the revision,
finalization and implementation of the National Plan of Action for children and
their families.
- The
said Ministry should formalize the position of CRC coordinator within the
Ministry.
- There
needs to be better collaboration between Government and non-government
organizations in working with children.
- There
is a need to restructure the Social Welfare Division by rationalizing the
responsibilities of the Division. The staff at the
Division should be
increased.
- A
coordinated process of data identification, collection, analysis, feedback and
dissemination in relation to children and families
should be
established.
III. DEFINITION OF THE CHILD
(art. 1)
- A
child is defined under the Children and Young Person’s Act (chap. 37:50,
sect. 2) as “a person under the age of fourteen”.
The
expression “young person” is reserved for persons who are between
the ages of 14 and 18 years. The term “juvenile”
or
“minor” is used generally to refer to persons who are under 18
years. This Act makes provision for the care, supervision,
and protection of
children and young persons.
Age of majority
- The
age of attainment of majority is defined in the Age of Majority Act (ibid.,
sect. 3) which states, “a person shall attain full age on attaining
the age of eighteen years”. The adoption of 18 years as the
formal age of
majority was made in 1990 in place of the age of 21 years.
- The
provision allows a person to exercise the democratic right to vote.
Legal and medical counselling without parental
consent
- The
minimum age at which a child may obtain legal counsel without parental consent
is not specifically addressed in legislation.
However, the Constitution of
Dominica (chap. I, sect. 15 (1)) provides that any person who is detained
has the right to be afforded reasonable facilities to consult a legal
practitioner
of his/her own choice. It follows then that the right to have
legal representation is guaranteed to all children.
- It
is felt that legislation should address the minimum age for legal counselling.
This will be thoroughly examined.
End of compulsory education
- The
Education Act No. II of 1997 defines compulsory school age to mean from 5 years
to 16 years of age. According to section 36 of the Act, “...
the
parents of every child of compulsory school age shall ensure that the child
receives an education by regular attendance at school”.
Employment: part-time/full-time
- The
Employment of Children (Prohibition) Act (chap. 90:05) defines a child as
“a person who is under the age of twelve years”.
Section 3 of that
Act prohibits the employment of persons under that age. The prohibition,
however, does not include engagement
of children in domestic or agricultural
work of a light nature at home by parents or guardians of the child.
- The
Employment of Women, Young Persons and Children Act (chap. 90:06, sect. 4 (1))
states: “No child shall be employed or work
in any public or private
industrial undertaking, or in any branch thereof, other than an undertaking in
which only members of the
same family are employed.”
- The
Act defines a child as a person under the age of 14 years.
Hazardous employment
- In
reference to hazardous employment, the Employment of Women, Young Persons and
Children Act, (chap. 90:06) defines a child as “a
person under the age of
fourteen years”. A young person means a person who has ceased to be a
child and who is under the age
of 18 years.
- The
Act states that no child shall be employed or work on any ship. In respect of
young persons, section 7 (1) states: “No
young person shall be employed
or work during the night in any public or private industrial undertaking, other
than an undertaking
in which only members of the same family are
employed.”
- Section
7 (2) of the Act allows young persons over the age of 16 years to undertake
certain work during the night. Employers, however,
must keep a register of all
such employment (ibid., sect. 4 and chap. 89:04, sect. 7).
Sexual consent
- The
legal minimum age at which an individual may give sexual consent is 16 years.
This age forms part of the Sexual Offences Act
No. 1 of 1998. Section 4 (1) (c)
states: “a person is guilty of the offence of unlawful sexual connection
with another person
if that person has sexual connection with that other person
with the consent of the other person if the consent is obtained from
a person
under the age of sixteen years”.
Marriage
- The
minimum age at which someone may enter marriage is 16 years. The Marriage Act,
(chap. 35:01, sect. 29 (2)) states: “Any
marriage solemnised or
celebrated between persons of whom is under the age of sixteen years shall be
null and void.”
- The
Act specifies that where either of the parties, not being a widower or widow, is
under the age of 18 years, no marriage shall
take place between them until the
consent of a parent or guardian is obtained. The court may dispense with such
consent on the application
to the court by either party (sect. 31).
Voluntary enlistment in the armed forces and conscription in
the armed forces
- Dominica
currently has no defence forces, so the question of enlistment or conscription
into the armed forces does not arise. However,
the Police Act (chap. 14:01)
provides for the establishment of a police force. Section 5 (a) of the Act
states: “No person
shall be appointed in the Police Service unless he has
attained the age of eighteen (18) years but has not (unless the Commissioner
in
any special case otherwise determines) reached the age of thirty (30)
years.”
Voluntarily giving testimony in court
- The
Children and Young Persons Act (chap. 37:50, sect. 28 (1)) states that where in
any proceedings against any person for any offence
any child of tender years is
called as a witness, his/her evidence may be received though not given under
oath if in the opinion
of the court he/she is possessed of sufficient
intelligence to justify the reception of the evidence and understands the duty
of
speaking the truth.
Criminal liability
- The
Children and Young Persons Act also fixes the age of criminal responsibility.
Section 3 states, “it shall be conclusively
presumed that no child under
the age of twelve years can be guilty of an offence”. Section 4 provides
that every court in
dealing with a juvenile (a person under the age of 18
years) who is brought before it as being in need of care or protection, or
as an
offender or otherwise, shall have regard to the welfare of the juvenile and
shall, if it considers it necessary, take steps
for removing the juvenile from
undesirable surroundings.
Deprivation of liberty
- In
Dominica, persons are not deprived of their liberty, except where the due
process of the law and courts so determine. The Government
Training School Act
(chap. 12:34) states that a child under the age of 12 years may not be detained
at a training school when found
guilty of an offence for which punishment could
be imprisonment.
Imprisonment
- The
minimum legal age at which a person may be imprisoned is 14 years (Magistrate
Code of Procedure, chap. 4, sect. 92). A magistrate
may order the transfer to
prison of a person detained in a government training school. The person has to
be found to be incorrigible
or to be exercising a bad influence on the other
inmates of the school.
Consumption of alcohol and other controlled
substances
- There
is no minimum age set for the consumption of liquor or other controlled
substance. However, the Children and Young Persons
Act (sect. 5 (1) and (2)
(c)) prohibits the giving or sale of any intoxicating liquor to any child under
the age of 12 years.
- The
use of narcotic drugs comes under the Drugs (Prevention of Misuse) Act
(chap. 40:07). Section 16 of this Act makes it an offence
for a person to
have a controlled drug in his possession. The legislation defines a controlled
drug as a narcotic drug or a psychotropic
substance. It is also an offence to
use a child as a carrier for trafficking purposes.
Summary
- The
age group that seems to require urgent attention is the group between 14
and 18 years. Where delinquent behaviours are exhibited
and these
minors brought before the court, there is great difficulty in dealing with
them since it is felt that the Children and
Young Persons Act contains
inadequate sentencing options. Calls for the establishment of a training school
as provided for under
the Children and Young Persons Welfare Act (chap. 37:51)
is now receiving consideration.
- According
to the Act, the school is one at which delinquent and maladjusted children and
young persons may be given such training
and instruction, and be subject to such
disciplinary and moral influence, as will be conducive to their rehabilitation
and reformation
and the prevention of crime.
- According
to the review of legislation pertaining to children in Dominica conducted in
1999, the laws of Dominica conform to the strict
terms of the Convention, which
allows legislation to prescribe different ages for the definition of a
“child”. Accordingly,
various laws give different ages for the
definition of the child. The varying ages for the definition of a child can
sometimes produce
conflict. Hence, there is a need for harmonized ages for the
definition of the child in relevant areas.
Recommendations
- A
standardized definition of the child under present legislation should be
established.
- A
system of legal aid should be instituted.
- No
individual under the age of 18 years should be engaged in night employment.
- Legislation
should be enacted setting a minimum age for the consumption of liquor or other
controlled substance; this should not be
less than the age of majority.
- A
government training school for young offenders should be established.
IV. GENERAL PRINCIPLES
Article 2. Non-discrimination
- The
Dominica Constitution, chapter 1, recognizes and protects the fundamental rights
and freedom of the individual:
Section 13 (1): “No law shall
make any provision that is discriminatory either of itself or in its
effect.”
Section 13 (2): “No person shall be treated in a discriminatory manner
by any person or authority.”
- The
Constitution defines “discriminatory” as affording different
treatment to different persons attributable wholly or mainly to their
respective
descriptions by sex, race, place of origin, political opinions, colour or creed
whereby persons of one such description
are subjected to disadvantages or
restrictions to which persons of another such description are not made subject
or are accorded
privileges or advantages which are not accorded to persons of
another such description.
- Section
114 of the Education Act No. 11 of 1997 prohibits discrimination in educational
establishments.
- In
addition, the Intestates Act (chap. 9:03) provides for the equal status of
children whether born in wedlock or out of wedlock in
cases of succession to
real and personal estate on intestacy.
- Except
for the isolated charge of discrimination by some adults, such claims are seldom
made by children or voiced on their behalf
by adults or organizations
representing their interests.
Article 3. Best interest of the child
- Dominica
continues to strive to uphold the principles outlined in article 3 of the
Convention. Certain laws recognize this right
as attempts are made to improve
on the general welfare and status of children.
- The
concept of the “best interest of the child” is emphasized. The
Maintenance Act (chap. 35:61, sect. 12) gives the
court power in matters of
custody, “on being satisfied that the mother of a child is not a fit and
proper person to have custody
of the child, [to] appoint some person other than
the mother to have custody of the child”. The same applies in the event
that the mother dies, becomes of unsound mind, or is in prison.
- The
Act also fixes fines or imprisonment for a person who misapplies monies paid by
any person for the support of the child, or who
withholds proper nourishment
from the child, or who in any manner ill-treats or deserts the child.
- The
Children and Young Persons Act (chap. 37:50, sect. 9) makes provision for a
juvenile to be committed to the care of a fit person,
where it is proved that
the juvenile is being ill-treated, assaulted or neglected in a manner likely to
cause unnecessary suffering.
The law empowers any police officer, probation
officer or authorized person to take before a juvenile court any juvenile in
need
of care or protection, which includes control and guidance, as well as
discipline.
- In
the absence of children’s homes, the Welfare Division’s Foster Care
Programme caters for children in need of care and
protection. However,
difficulties are being encountered in obtaining the services of foster parents.
This is due to lack of financial
support and the constraints associated with
uncertainties about the behaviour of the children.
- In
addition to the above, the concept of “the best interest of the
child” is reflected in the Adoption of Infants Act
(chap. 37:03) and the
Guardianship of Infant Act (chap. 37:04). The expression “better
opportunities” for the child
is often used by petitioners during adoption
proceedings, which in most cases turn out to be in the best interest of the
child.
- The
Sexual Offences Act No. 1 of 1998 provides for parents or guardians to be called
as a compellable witness either for the prosecution
or the defence. This helps
stop parents from withholding information, especially in cases where the child
has been sexually molested
either by family members or friends of the
family.
- The
Welfare Division’s Public Assistance Programme enhances the concept of the
best interest of the child. Parents found to
be deserving of such monthly
allowances on behalf of the child would be so accommodated. Budgetary
limitations, however, are a difficulty
presently being experienced.
Article 6. The right to life, survival and development
- Dominica
upholds the fact that every person, including the child, has the inherent right
to life. This right is protected and enshrined
in law,
namely:
(a) The Dominica Constitution, which protects an
individual’s right “not to be deprived of his life intentionally
save in execution of the sentence
of a court in respect of a criminal offence
under the law of Dominica of which he has been convicted.”
(chap. 1
sect. 2 (1));
(b) The Offences Against the Persons Act (chap. 10:31, sect. 3 (1) (b))
which states that a person convicted of murder when he was
under the age of 18
years shall not have the sentence of death pronounced or recorded against him.
The individual would instead
be detained in such a place and under such
conditions as the President may direct. For the past five years,
six juveniles have been
convicted on manslaughter charges. One is at
present serving a sevenyear prison term for manslaughter.
- The
above Act also prohibits the following offences which deny the right to
life:
(a) Infanticide (sect. 7) is punishable like the offence of
manslaughter;
(b) Abortion (sect. 56) is punishable by imprisonment for 10 years;
(c) Concealing the birth of a child (sect. 58) is punishable by imprisonment
for two years.
- Any
person who administers drugs or uses instruments to procure an abortion could be
indicted for murder, manslaughter, or infanticide,
as the case may be.
- The
Offences Against the Person Act (chap. 10:31, sect. 3 (1) (c)), states that
“where a woman convicted of an offence punishable
with death is found, in
accordance with the provisions of the Act, to be pregnant, the sentence to be
passed on her shall be a sentence
of imprisonment for life instead of sentence
of death”. The intention here no doubt is to preserve the life of the
unborn.
- The
Children and Young Persons Act (chap. 37:50) gives protection to juveniles to
help ensure their survival and development. The
Act covers the post-natal
period, which is a vulnerable period for the newly born. Section 5 (1) of the
Act states that any person
having the custody, charge or care of any juvenile
who wilfully assaults, ill-treats, neglects, abandon or exposes, in a manner
likely
to cause the juvenile unnecessary suffering or injury to health, is
liable to imprisonment. For the purposes of this section of
the Act, neglect
could be failure on the part of any person being able to do so who refuses to
provide adequate food, clothing, rest,
medical aid or lodging to the juvenile.
The death of an infant under three years of age by suffocation while in bed with
some other
person could also be tantamount to neglect.
- The
Apprentices Act (chap. 90:03) makes provision for the development of the
artistic and other capabilities of the child. Section
3 of the Act states,
“any person using and exercising any art, mystery, craft or occupation may
take any person of any age
not less than 10 nor more than 16 years, to serve and
be bound as an apprentice for a term not exceeding five years”. Owners
of
a ship or vessel may take and retain apprentices in like manner. This piece of
legislation is not used by the court.
- The
child’s proper development is often hindered by certain factors. Among
these is the capability of parents and guardians
to adequately provide for their
children. Their economic circumstances often do not permit this. Government
gives financial help
to parents considered destitute. However, such monthly
public assistance allowance should be reviewed with a view to increasing
it in
order that needy parents can more effectively meet children’s
requirements.
- A
total of 600 children are accommodated among the 2,170 recipients of public
assistance.
- Health
personnel have formulated a national programme geared at enhancing the
nutritional status of babies through breastfeeding.
There is no legislation in
place which makes it obligatory to breastfeed children. This may need some
consideration, although in
practice mothers do breastfeed. The immunization of
children is key to the prevention of certain childhood diseases. Full
immunization
coverage against major diseases in children one year and under was
recorded in 1999. However, primary health care workers point
to a few cases
where children are not immunized because of certain beliefs of their parents.
This is particularly so in the case
of some parents belonging to the Rastafarian
cult. Such incidents call for close monitoring, and the possible enactment of
legislation
obliging persons to have all children immunized.
Article 12. Respect for the views of the child
- There
seems to be little provision in legislation for respecting the views of the
child. In practice, however, children’s views
are usually taken into
consideration. No reference is made in legislation to the views of the child in
custodial proceedings. It
is, however, a practice at common law to take into
account the child’s wishes, although this may not be the deciding
factor.
- The
Constitution of Dominica stipulates in chapter 1, section 10 (1): “Except
with his consent, a person shall not be hindered in the enjoyment of expression,
including freedom to hold opinions
without interference.” The
Constitution also provides freedom to receive ideas and information. The
Government is attempting diligently to protect this freedom within certain
limitations. However, the exposure of children to unsavoury television
programmes and certain music is of concern. Government has
an obligation to
take whatever action is deemed necessary to prevent certain television
programmes having adverse effects on children.
In this regard, the support of
parents in taking necessary steps at home is essential.
- The
Cinematograph (Censorship) Act (chap. 20:06), will be examined to possibly
include provisions for regularizing television programmes.
- Avenues
through which the child could openly express his views should be encouraged.
One such avenue could be through forums such
as the National Youth Council,
which has now been re-established. Government, through the Youth Division,
facilitated the re-emergence
of the National Youth Council. Persons are of the
opinion that the views of children need to be better reflected in matters of
policy
for children, and also when drafting new legislation. This concern will
be taken into consideration when plans and programmes geared
towards the overall
development of children are being formulated.
- Within
the family, the views of the child can be facilitated only through the efforts
of parents. This could be part of a package
on parenting education. At school,
the child’s views can be expressed through student councils, which exist
mainly at secondary
schools and colleges. Court proceedings involving children
provide the opportunity for the child’s views to be
heard.
- The
views of the child are highlighted in the following
legislation:
(a) Adoption of Infants Act (chap. 37:03, sect. 4)
requires that a court, before making an adoption order, give due consideration
to the wishes of the child who is old enough to understand the nature of the
matter before the court;
(b) Apprentices Act (chap. 90:03, sect. 5) requires that the consent of
juveniles be obtained before being apprenticed in any trade;
(c) Children and Young Persons Act (chap. 37:50, sect. 25) gives the child
the opportunity to make a statement, answer questions
or give explanations in
relation to evidence and mitigating circumstances relevant to a legal matter
relating to him.
- Dominica
does not have well-equipped child counselling or psychological services, nor
specific legal aid for children. The implication
is that in practice, the
child’s opinion may be ignored.
Recommendations
- For
better service delivery to children, there is a need to strengthen the work of
nongovernmental organizations.
- Public
assistance programmes should be improved. This assistance should be monitored
when given to ensure that it is used for the
intended purpose.
- The
Adoption of Infants Act should be reviewed to ensure that petitioners for
adoption are resident for a period of time before the
adoption takes place.
- Professional
services should be increased to provide children with social and legal advice as
well as counselling services.
- Administrative
policy or legislation should attempt to reflect the views of the
child.
V. CIVIL RIGHTS AND FREEDOMS
Articles 7 and 8. Name, nationality and identity
- The
Constitution makes provision for ensuring the protection in Dominica of
fundamental civil rights and freedoms. For example, section 12 of the
Constitution grants immunity to citizens from expulsion from Dominica. Such
guarantee therefore extends to the child. Being a member of a family,
legal
requirements are stipulated for every person to be given a name, nationality and
identity. The Constitution at chapter VII safeguards the identity of the child
as a Dominican citizen.
- The
Citizenship Act (chap. 1.10) generally protects nationality and citizenship
rights. Section 2 of the Act contains provisions
that are evidence of the
State’s attempt to prevent statelessness. However, certain provisions in
the Act pose potential difficulty
and can result in a child being rendered
stateless.
- The
Registration of Births and Deaths Act (chap. 35:30, sect. 16) states that the
parents of every child, whether born alive or stillborn,
has the duty, within 14
days after birth, to give or cause to be given to the Registrar, information as
to the particulars required
to be registered concerning such birth. One such
particular is a name, to which every child is entitled.
- Section
17 of the same Act states that in the event of a default on the part of parents
or other persons in having a child duly registered,
the Registrar may, at the
end of 14 days from the birth, require persons entitled to give information
concerning the birth to attend
personally at the Registrar’s Office or at
any other place appointed in order to provide the necessary information. There
are isolated cases of children not registered. A penalty is fixed for failure
to register.
- The
Act at section 23 (1) makes provision for the registration of the name of a
child or alteration of same. This, however, is to
be done within a 12-month
period. There are parents who do not comply in registering the names of
children. A survey of the Registry
Record of Births reveals that many births
are inserted in the records of birth, but with no indication of the
child’s name.
No penalty is stipulated in the Act for failure on the part
of parents to register the name of a child.
- Section
7 (Part II) of the Maintenance Act (chap. 35:61) gives to parents the right to
initiate affiliation proceedings, including
the application for a paternity
order. Consequent to these proceedings the child may also benefit from a
maintenance order from
the court. The provisions also apply to children born
out of wedlock.
- Although
some parents or guardians may be prepared to properly register the child’s
name or make alterations, a cost factor
is involved if the stipulated time has
expired. Some parents are unable to meet the cost. There is no government
financial allocation
to assist parents who cannot meet the legal cost of
furnishing the required documents.
- The
State is divided into 26 registration districts, each headed by a Registrar of
Births and Deaths with the responsibility of ensuring
that every child born in
his district is registered. Hospital personnel are also required to furnish
information for the registration
of a child after birth. There is a Central
Registry, administered by the Registrar General, where every birth registered in
the
district and hospitals must be recorded. It is from this record that
certificates of birth, an important legal document, are issued.
- The
Legitimation Act (chap. 37:02) makes provision for a child who claims to be the
legitimate child of his parents to apply to the
High Court to confirm his
status. This provision entitles children to maintenance by their parents.
- Persons
under the age of 18 years can also be made citizens through registration by
virtue of being adopted by a person who is or
was before his death or would but
for his death become a citizen of Dominica. The law also allows Dominican
nationality through
marriage or naturalization.
- A
child’s surname may be changed through the process of adoption, as
contained in the Adoption of Infants Act (chap. 37:03).
- Dominica’s
Registry was destroyed by fire on 16 June 1979. Considering the importance of
documents contained in any Registry
records, particularly births and deaths
records, legislation was enacted to authorize the making of new registers of
births and deaths
to replace those destroyed by fire (Registration of Births and
Deaths (New Registers) Act, chap. 35:31). There is therefore an ongoing
re-registration process.
- As
indicated, there are children whose births appear on the Registry’s
record, but with no name. The child in fact is given
a name by parents but the
necessary steps are not taken to complete the process of officially registering
the child’s name.
- The
majority of births registered without a name originate from births recorded at
Dominica’s main general hospital. The information
on these births, plus
out-district births, is generally incomplete.
- The
child’s right to know his or her parents and be cared for by them is being
met in most cases. The Children and Young Persons
Act (chap. 37:50) places a
duty on parents or anybody in law to provide for the care, supervision and
protection of children and
young persons. In addition, the Infants Protection
Act (chap. 37:05) relates to the protection of infants.
Article 13. Freedom of expression
- The
Constitution of Dominica guarantees freedom of expression. The child’s
rights therefore are the same as those of other persons except where
these
rights are in contravention of the rights and freedoms of other individuals, or
contrary to public interest.
- Chapter
1, section 10 (1), of the Constitution states: “Except with his own
consent, a person shall not be hindered in the enjoyment of his freedom of
expression, including
freedom to hold opinions without interference, freedom to
communicate ideas and information without interference, and freedom from
interference with his correspondence.”
- Section
19 of the Education Act II of 1997 states that a “student may express any
religious, political, moral or other belief or opinion so long as the expression
does not adversely affect the rights or education of other students, or the
rights of other persons in the educational institution.”
- The
Dominica child has certain available avenues that encourage dialogue and free
expression. Radio call-in programmes facilitate
free expression both to adults
and children. Schools include debates among their extracurricular activities.
Debates are also organized
by certain organizations as well as mock
parliamentary sessions. Children often take these opportunities to fully
express themselves,
as they also do at forums organized by Government and other
agencies.
- Children
do have the opportunity, if they so wish, to express themselves within the
family, although there may be certain cultural
restrictions, for example, in
situations where the norm is “children should be seen and not
heard”.
- The
presence of adults in court proceedings could hinder a child from freely
expressing his views. Attempts have been made to clear
this hurdle both through
practice and legislation. An informal atmosphere is created in certain court
proceedings by allowing only
persons who are absolutely necessary to be
present.
- The
Children and Young Persons Act (chap. 37:50, sect. 13 (1)) states: “In a
Juvenile Court no person other than the members
and officers of the court and
the parties to the case, their solicitors and counsel and other persons directly
concerned in the case
shall, except by leave of the court, be allowed to
attend.”
- The
Sexual Offences Act No. 1 of 1998 also provides for hearing in camera for
specific offences.
- One
constraint is that court officers are sometimes not well sensitized to a
child’s feelings and ability to express herself/himself,
particularly
during a court hearing.
Article 17. Access to appropriate information
- The
Constitution (sect. 10) makes provision for the protection of the freedom of
expression to all persons, including children. The mass media have a role to
disseminate information that would benefit everyone, particularly children. The
media do provide such information, but on a limited
scale. Media houses
are to be engaged in discussions concerning more educational children’s
programmes.
- The
interest of the child is taken into account when certain information is
disseminated. The Cinematography (Censorship) Act (chap.
20:06) provides for
the censorship of films for public exhibition. A board is appointed under the
Act to approve films prior to
public viewing. “The approval of the Board
shall not be given with respect to any film which in their opinion depicts any
matter that is contrary to public order or decency; or the exhibition of which
would for any other reason be undesirable in the public
interest.”
Persons who fail to comply with this regulation may face the imposition of a
fine.
- The
Dominica Broadcasting Corporation Act (chap. 45:06) was enacted to provide for
radio and television broadcasting services in Dominica.
It is the duty of the
Board established under the Act to ensure as far as possible that nothing which
offends against good taste
or decency is included in programmes. In addition,
programmes are to maintain a proper balance in their subject matter and a high
general standard of quality (sect. 8 (1)).
- While
the Cinematography (Censorship) Act (chap. 20:06) and the Dominica Broadcasting
Corporation Act (chap. 45:06) make provision
for censorship, there is a lack of
enforcement of the laws.
- The
Publications Act (chap. 20:03) provides for the preservation of books printed in
Dominica.
- Children
have access to information through public libraries. Save for a central library
located in the capital, few communities
have public library facilities. The
Public Library Act (chap. 28:70) was enacted in order that information can be
readily available to children.
- Implicit
in the Education Act II of 1997 is the fact that children have access to
educational material and information. For example, section 4 (1) (b) states
that the Minister of Education shall, subject to available resources, exercise
the powers conferred on him to ensure
the promotion of the education of the
people of Dominica by the establishment of institutions for the purpose of
fostering the spiritual,
cultural, moral, intellectual, physical, social and
economic development of the community.
- In
this age of technological advancement, some children are able to make use of
homebased computer Internet.
- The
Seditious and Undesirable Publications Act (chap. 10:03) prohibits the
circulation of seditious or undesirable publications.
At section 8 (1) of the
Act, the court has the power to prohibit circulation of a seditious publication
which is likely to lead to
unlawful violence or appears to have the object of
promoting feelings of hostility between different classes of the
community.
Article 14. Freedom of thought, conscience and
religion
- This
inherent fundamental human right is protected under section 9 (1) of the
Constitution, which states: “Except with his own consent, a person shall
not be hindered in the enjoyment of his freedom of conscience,
including freedom
of thought and of religion, freedom to change his religion or belief and
freedom, either alone or in a community
with others, and both in public and in
private, to manifest and propagate his religion or belief in worship, teaching,
practice and
observance.”
- It
is stipulated that the consent of the guardian of a juvenile is required before
he receives religious instruction or can be involved
in any religious ceremony
or observance in cases where the juvenile is detained in any prison or
correctional institution. A person
shall also not be compelled to take any oath
that is contrary to his religion or belief, or take any oath in a manner that is
contrary
to his religion. Section 18 of the Children and Young Persons Act
specifically protects the child’s right to religion, as
it requires that
an order for care in relation to a child or juvenile shall be made taking into
consideration the child or juvenile’s
religious persuasion.
- Section
142 of the Education Act No. 11 of 1997 makes provision for students to be
excused from collective religious worship, or, conversely, allows the child to
engage in religious observance.
- Parents
have the right to state the religion of their children or the faith they should
practise.
- Dominica
has a total of eight major religious denominations with 70 per cent of people
being Roman Catholics. Religious holidays
are observed in keeping with the
beliefs of certain religions. In this regard, there are a few religious
holidays.
Article 15. Freedom of association and peaceful
assembly
- According
to the Constitution (sect. 11 (1)), a child has the right to free assembly and
association. It states: “... a person shall not be hindered in the
enjoyment
of his freedom of assembly and association, that is to say, his right
to assemble freely and associate with other persons, in particular
to form or
belong to trade unions or other associations for the protection of his
interest.” These rights, however, must not
be inconsistent with public
safety, public morality, public health, or the rights and freedom of other
persons.
- Children
are free to establish and join clubs or youth groups.
Article 16. Protection of privacy
- The
Dominica Constitution at section 7 (1) protects this right. It states:
“... a person shall not be subjected to the search of his person or his
property or the
entry by others on his premises.”
- Notwithstanding
the above, the right must not be inconsistent with or in contravention of
certain matters concerned with the public
interest. Authorized persons may also
enter particular premises. Section 10 (1) prohibits interference with
correspondence.
Article 37. Protection from inhuman treatment, torture
or
degrading punishment
- The
Constitution guarantees this right at section 5, which states: “No
persons shall be subjected to torture or to inhuman or degrading punishment or
other treatment.”
Section 4 (1) says that no persons shall be held in
slavery or servitude, while sections 3 and 8 secure the right to fair trial and
due process.
- The
Children and Young Persons Act (chap. 37:50) protects juveniles from inhuman
treatment or degrading punishment. A person could
be guilty of an offence if he
wilfully assaults, ill-treats, neglects, abandons, or exposes the juvenile in a
manner likely to cause
him unnecessary suffering or injury to health, including
injury to or loss of sight or hearing or limb or organ of the body, and
any
mental derangement. Stiff penalties are provided under this legislation.
However, Dominica’s cultural norms and social
attitudes have been
impediments to the implementation of child rights, particularly as they relate
to corporal punishment. The Education Act No. 11 of 1997 makes reference to
corporal punishment. Section 49 (2) states: “Corporal punishment may be
administered where no other punishment is considered suitable or effective, and
only
by the principal, deputy principal or any teacher appointed in writing by
the principal for that purpose, in a manner which is in
conformity with the
guidelines issued in writing by the Chief Education Officer.”
- The
Magistrate Code of Procedure (chap. 26) of 1961 also sanctions corporal
punishment. Section 100 empowers a magistrate to order
the private whipping of
a male child or young person. The individual could receive as many as 12
strokes with a tamarind rod by
a policeman, in the presence of an inspector or
other officer of police of higher rank than a private. The magistrate may grant
approval for other persons to be present during the whipping, including the
parent or guardian of the child or young person.
- The
Offences Against the Person Act (chap. 10:31) stipulates that the 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 the offence was committed he
was under the age of 18
years. However, it is possible for such persons to be
given life imprisonment without the possibility of release.
- Parents/guardians
have a duty to provide direction to their children in the exercise of their
rights, and also to seek redress on
their behalf when those rights are
contravened. Constitution (sect. 16 (1)) provides for redress through the High
Court.
Recommendations
- A
programme of educating parents on their duty in the process of properly
registering children is necessary.
- District
registrars should be exposed to ongoing training as to the importance of their
role and function as registering officers.
- The
setting of time for “family dialogue”, which is an avenue whereby
the child could express his views, should be encouraged.
Family dialogue can be
part of parenting education sessions. These sessions could include proper
socialization, which is essential
to the child’s development particularly
at the early stages.
- There
should be more specific and child-focused legislation to protect children
against accessing undesirable information.
- Periodic
workshops for persons engaged in the administration of justice as it relates to
the appearance of children before the court
should be held.
- The
media should intensify the dissemination of educational programmes or
information geared to children.
VI. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
Articles 5 and 18 paragraphs 1 and 2. Parental guidance and
responsibilities
- It
is an accepted norm that the responsibility of parenting carries with it the
duty to provide appropriate guidance, discipline and
instruction relevant to the
child’s evolving capacity.
- Parents
are responsible for the upbringing of their children. In order to ensure the
proper development of the child, parents are
to make arrangements for such
matters as education, maintenance, guardianship and the protection of children.
Legislation provides
for some of these safeguards.
- The
Children and Young Persons Act (chap. 37:50, sects. 5 and 6) prohibits cruelty
to juveniles and also allowing them to be in any
street for the purpose of
begging or receiving alms, or of inducing the giving of alms.
- The
Infants Protection Act (chap. 37:05) punishes abdication of parental care.
- The
maintenance of children is provided for under the Maintenance Act (chap. 35:61).
The Act makes provision for either parent to
maintain a child, who could be
forced to do so if redress is sought through the court. It provides for
maintenance of the child
until he reaches 15 years and may continue for up
to 18 years where the child is pursuing a full-time course of secondary or
further
education. The Act also seeks to establish the paternity of a
child.
- The
Legitimation Act (chap. 37:02) relates to children born out of wedlock. This
Act imposes responsibility on the reputed parents
of illegitimate children.
Section 3 provides for the legitimization of illegitimate children in certain
circumstances.
- The
Education Act 11 of 1997 (sect. 36) stipulates that parents are to ensure that
children of compulsory school age shall receive an education by regular
attendance at
school.
- School
attendance counsellors may be appointed to assist teachers in the counselling of
children and their parents in the enforcement
of the compulsory attendance
provisions of the Act (Education Act 11 of 1997, sect. 38). The new Education
Act has been described as making an innovative concession to the right of
parents or guardians (Antoine, 1998). Although primary school
education is
compulsory, the parent or guardian has the right to give the child home
schooling, if it is approved by the relevant
ministry (Education Act 11 of 1997,
sect. 21).
- Socio-economic
factors often prevent parents from adequately discharging their responsibility
to children. The programmes of the
Welfare Division assist parents. Monthly
public assistance allowances are given to indigent parents. Based on the
circumstances
of certain children, they are placed in foster care. Counselling
to children and adult family members is also provided.
- The
following nongovernmental agencies, some with subventions from Government,
provide family assistance, particularly to children:
- − Social
Centre[*] - day nursery, pre-school, adolescent
skills training;
- − Dominica
Save the Children Fund* (DOMNIKSAVE) - assistance to nurseries and pre-school
and primary school students, parenting
education;
- − Christian
Children Fund* (CCF) - primary and pre-school education assistance;
- − Operation
Youthquake* (OYQ) - Rehabilitation of delinquent and disadvantaged
children;
- − Dominica
National Council of Women (DNCW);
- − National
Youth Council (NYC);
- − Centre
where Adolescents Live and Learn (CALLS).
- Parental
responsibility in the rearing of children is a cause for concern at this time.
This is evidenced in cases of abuse, neglect
and lapses in caring for children.
A number of Government and non-governmental organizations with support from
funding agencies
like
UNICEF have mounted parenting education sessions to help address the issue of
parental irresponsibility. However, this needs to be
continued with attempts at
getting to the “hardtoreach”, particularly males and other persons
who seemingly do not heed
the call to attend the education sessions.
Article 9. Separation from parents
- It
is a generally accepted view in Dominica that the parents of a child are the
best persons to provide adequate care and be responsible
for his/her upbringing.
Certain circumstances, however, do not always permit this. In general, the laws
of Dominica provide protection
as the child may only be removed from parental
care in certain well-defined circumstances of abuse and with appropriate
judicial
or administrative safeguards (Children and Young Persons Act, sects. 7
and 8). The court is often called upon to decide on the custody
of children in
matters of separation or divorce. There are the options of sole custody to
either parent or joint custody with care
and control vested in one parent. The
court may also order custody to a fit person other than the parent. The Welfare
Division
sometimes assists parents in resolving disputes over custody of a child
as well as in dealing with issues of access instead of the
disputing parties
having to resort to the court. According to Antoine (1998), the law does not
specifically protect the right of
parents to maintain contact and personal
relations with the child where the child is separated from his parents or
guardians by the
State through criminal proceedings. Antoine (1998) also went
on to state that divorce is allowed in Dominica, as a result of which
children
may be separated from a parent. However, the court must consider the best
interests of the child in deciding which parent
must be given custody of the
child. Also, provision is made under the law for ensuring that the child
maintains contact with both
parents in separation or divorce. This is a
discretion of the judge. However, in practice, there is a tendency to exclude
fathers
from custody.
- The
Maintenance Act (chap. 35:61, sect. 12) empowers a magistrate, on being
satisfied that the mother of a child is not a fit and
proper person to have
custody of a child, appoint some person other than the mother to have custody
provided that such person is
willing. A custody order with the appointment of a
fit person could also be made when the child’s mother dies, becomes of
unsound mind, or is in prison. The application for the appointment of a
custodian may be made by the child’s mother, putative
father, any person
entitled to have lawful custody of the child, or any social welfare officer.
The court may also order that a
child be returned if wrongfully taken out of
custody.
- The
Children and Young Persons Act (chap. 37:50) deals with prevention of cruelty to
and protection of juveniles. A fit person order,
committing a juvenile to the
custody of another person other than the parent, could be made by a court if the
person who has the
custody, charge or care of any juvenile wilfully assaults,
ill-treats, neglects, abandons, or exposes the juvenile to unnecessary
suffering
or injury to health. The court is occasionally requested to make fit person
orders in cases of child abuse.
- The
Welfare Division’s Foster Care Programme accommodates children who for
necessary reason are forced to be placed with alternative
families. These
families undertake the normal duties of the natural family. Children who are
orphaned, neglected or abused are
placed in foster care. The programme now has
a complement of 70 children. Adoption of children is permitted after
investigation
of the child’s circumstances and the suitability of
petitioners.
- Operation
Youth Quake, a community-based rehabilitation programme for children,
also assists children who for various reasons have
to be separated from
their parents.
Article 10. Family reunification
- Dominicans
support and uphold the concept of a united family. Certain legislation and
services promoted by both governmental and
other agencies aim to enhance that
principle. The objective, therefore, is to ensure that no hindrance besets
family reunification.
It is the constitutional right of every national to leave
or enter the country (Constitution, sect. 12 (1)). The Immigration Act
cements
this freedom, as children, where they are citizens of Dominica, have the freedom
to move in and out of Dominica provided
that administrative procedures are
adhered to. Non-nationals with children resident in Dominica are also free to
visit the child,
providing that they meet conditions set by immigration for
entry into the State. Other forms of contact that are regarded as appropriate
are practised and encouraged in order to cement closer ties.
Article 27, paragraph 4. Recovery of maintenance for the
child
- A
child’s growth and development depend heavily on the level of care and
support he or she receives. Key to that development
is the level of maintenance
provided. Certain parents relinquish that responsibility, leaving the child a
victim of the parent’s
negligence. Redress can, however, be sought
through the court, which is empowered to order maintenance for a child in the
event
that a parent refuses to maintain him/her.
- The
Maintenance Act (chap. 35:61) provides for the maintenance of certain classes of
person. It states that it shall be the duty
of every man or woman to provide
reasonable maintenance for a child under the age of 15 years. This includes
children born out of
wedlock. Where the child is pursuing a full-time course of
secondary or further education at an educational institution, the duty,
to
provide such reasonable maintenance shall continue until the child attains the
age of 18 years. The Act also gives the court
jurisdiction to prevent a parent
from leaving the State if it is satisfied that provision has not been made for
the proper maintenance
of the child (Maintenance Act, sects. 20-22). Provision
is also made for the maintenance of a child by his parents or guardians
where
that child has been placed in the care of a fit person (Children and Young
Persons Act, chap. 37:50, sect. 9). The parent
or guardian may be placed under
a contribution order.
- The
Maintenance Orders (Facilities for Enforcement) Act makes specific provisions
for maintenance to be provided by persons residing
in England and Northern
Ireland.
- The
Maintenance Act also enforces maintenance for children with disabilities. It
states: “It shall be the duty of a man or
woman to maintain any child,
notwithstanding his age, who by reason of physical or mental disability is
unable to maintain himself,
but if at any time the disability ceases there shall
therefore be no duty to provide such maintenance.”
- An
application for the maintenance of a child may be made by a social welfare
officer on behalf of a woman who is by reason of mental
or physical disability
unable to make the application.
- A
maintenance order shall not be made unless the court, having inquired
into the financial circumstances of the defendant and the number of persons, if
any, whom it is his duty to maintain, is satisfied that the defendant is
possessed of sufficient means to provide reasonable maintenance,
in whole or in
part, for the person in respect of whom he is summoned. However, maintenance
orders under the Acts and Regulations
tend to be low as ceilings are placed on
them. Also, legislation fails to make provision for compulsory deduction of
maintenance
payments from delinquent parents. Where parents are unable to
maintain their children as a result of indigence, there are limited
forms of
assistance available from the State, for example in the form of financial
assistance for schooling purposes.
- There
are fathers who fail to maintain their children or regularly contribute to their
support. Mothers often resort to the court
for maintenance orders, but even
when fathers are so bound, some do not comply. The plight of those mothers is
further compounded
as some are forced to regularly seek orders for the recovery
of long-outstanding arrears. There is a “collecting” section
at the
court that provides for the receipt of maintenance payments from the father and
the collection of same by the mother. Certain
mothers complain that this
procedure is too cumbersome.
- Recommendations
have been made for the Maintenance Act to be overhauled with certain
provisions included to better assist applicants. Different forms of enforcement
mechanisms for the
payment of maintenance fees is one area to be examined.
- The
recovery of maintenance is one of the main issues. Reasons can be pinpointed
for this. Certain fathers cannot be located, some
are unemployed, and some
fathers have to contribute towards the support of a number of children. In
addition, disputes between parents
result in fathers withholding maintenance, as
a means of punishing the mother. Officers of the Welfare Division are often
called
upon to serve as intermediaries in resolving such issues, and also to
make attempts at securing maintenance for children.
Article 20. Children deprived of a family environment
- The
concept that where at all possible children should remain in their own family
environment is accepted in Dominica. Such environment
includes both immediate
and extended family, which continue to play a vital role in the care and
protection of the Dominican child.
Where the proper family environment is not
encouraging, efforts are made to place the child in a conducive familytype
environment.
In the Dominican system, great emphasis is placed on foster care
since institutional or residential centres do not exist. Operation
YouthQuake
is an alternative to such centres.
Foster care
- The
foster care programme is administered by the Social Welfare Division. It is an
informal system whereby children are placed with
a family whose suitability is
approved after investigation by staff of the Division. Consideration would have
at some point to be
given to formalizing, through legislation, the foster care
system.
- Children
placed in care are often those who have been abused, neglected or orphaned. The
court occasionally makes fit person orders
where the welfare of a child is in
question. These orders result in the child being fostered. There are mothers
who voluntarily
agree to have their child taken into foster care. These are
teenage mothers or those without the means and capability to adequately
care for
the child.
- Children
in foster care are often on long-term stay. Occasionally, a parent may request
that the child return to her custody. The
Division, with the involvement of the
parent, is open to adoption, but it is seldom requested. Children in care
remain the responsibility
of Government until the completion of secondary or
higher education.
- There
are at present 70 children in foster care. The programme is encountering
certain difficulties. Foremost among these is the
Division’s inability to
secure the services of enough foster parents. Persons show an interest in
children of tender ages,
while most needing care are in the region of 10 years
and over. There is an ongoing programme aimed at securing the services of
foster parents. The remuneration paid to foster parents was recently doubled.
However, this must continue to be under review since
the level of remuneration
is regarded as an incentive to obtain the services of foster parents. This is a
major challenge considering
Government’s present economic constraints.
- Foster
parents see their role as assisting a less fortunate child and therefore regard
the child in the same way as other members
of the immediate family. There is,
however, a need for more involvement on the part of the male parent in the life
and welfare of
the child. This is being emphasized.
- Foster
parents and also prospective parents are given regular training in an attempt to
upgrade their parenting skills to more effectively
serve the child in their
care.
Operation YouthQuake
- Operation
YouthQuake is a community-based rehabilitation service for delinquent and
disadvantaged children. It is a non-governmental
organization governed by a
board of directors. The organization is a registered entity and complements the
Welfare Division’s
Child Care Programme, since in the main it serves
children who are in need of care and protection. Monitoring of conditions at
the
institution is undertaken by the board of directors and also management
staff of the Welfare Division. Operation YouthQuake is not
a children’s
home, although there exists a Foster Care Unit which caters for 10 children who
are temporarily housed in that
unit for eventual absorption in the Welfare
Division Foster Care Programme.
- The
service provided by Operation YouthQuake impacts positively on the lives of
the 116 children who are serviced through the various
programmes. In
addition to the Fostering Unit, there is a day-care service and an outreach
programme.
- The
organization does encounter certain constraints, chief among them being
economic. Major financial support has over the years
come from overseas aid
donors. Government provides an annual subvention, which meets staff
salaries.
- The
institution also has difficulty in maintaining a suitable staff to adequately
respond to the needs of the children. Some staff
members have been exposed to
training, but lack of finance and also the inability of staff to absorb higher
levels of training restrict
more advanced training. Opportunities for local
training are, however, provided.
- Operation
YouthQuake’s programme sets up sessions with the parents/guardians of the
participants. It is sometimes difficult
to have those parents attend sessions
of education, and have them recognize the need for their involvement in the life
of the child.
- Government
has over the past years not entertained the idea of a children’s home.
This is because of economic and other reasons.
Neither the general public nor
professionals have recommended institutional care for children. Government
continues to give every
possible support to Operation YouthQuake. The
institution’s programme and Government’s own Foster Care Programme
are
seen as two good alternatives to a children’s home.
Article 21. Adoption
- The
Adoption of Infants Act (chap. 37:03) governs the adoption of children. Under
the Act, an infant means a person under the age
of 18 years. Most adoptions are
by the relatives of the infant. A welfare officer is appointed by the court to
act as guardian
ad litem of the infant upon the hearing of the application. The
Registrar General shall establish and maintain at the public registry,
a
register to be called the Adopted Children Register in which entries of
adoption orders shall be made. A register is also kept at the Welfare
Division.
- The
Act ensures that an adoption order can only be granted by a court. In Dominica,
the Supreme Court exercises that authority.
The following rules govern an
adoption, as outlined in section 3 of the Act.
- An
adoption order shall not be made in any case where:
(a) The
applicant is under the age of 25 years;
(b) The applicant is less than 21 years older than the infant in respect of
whom the application is made. Notwithstanding that stipulation,
the court may,
if it thinks it fit, grant an order where the applicant and the infant are
within the prohibited degrees of consanguinity;
(c) The sole applicant is a male and the infant in respect of whom the
application is made is a female, unless the court is satisfied
that there are
special circumstances which justify, as an exceptional measure, the
making of an adoption order;
(d) The consent of every person who is a parent or guardian of the infant is
not given.
The following conditions are inscribed in the Act for the dispensation of
parental consent:
(i) The person has abandoned or deserted the infant;
(ii) The parent or guardian cannot be found;
(iii) The person is incapable of giving consent;
(iv) The parent or guardian being liable to contribute to the support of the
infant has persistently neglected or refuses to contribute
to such support;
(v) Any person whose consent ought, in the opinion of the court and in all the
circumstances of the case, to be dispensed with;
(e) An
application is made by one spouse without the consent of the other. However,
the court may dispense with such if satisfied
that the person whose consent is
to be dispensed with cannot be found or is incapable of giving such consent, or
the spouses have
separated and are living apart and the separation is likely to
be permanent;
(f) An applicant who, not being a citizen of Dominica, is not resident or
domiciled in Dominica, or in respect of any infant who
is not so resident. The
court could, however, make an adoption order in favour of an applicant who is
not resident and domiciled
in Dominica after being satisfied from information
emanating from the country in which the applicant is domiciled or resident that
he is a fit and proper person in favour of whom an adoption order may be
made.
- In
addition to the above, the court, before making an adoption order, shall be
satisfied with the following (Adoption of Infants Act,
sect.
4):
(a) That every person whose consent is necessary, and whose
consent is not dispensed with, has consented to and understands the nature
and
effect of the adoption order for which application is made and, in particular,
that the parent understands that the effect of
the adoption order will be
permanently to deprive him or her of his or her parental rights;
(b) That the order, if made, will be for the welfare of the infant, due
consideration being for this purpose given to the wishes
of the infant, having
regard to the age and understanding of the child;
(c) That the applicant has not received or agreed to receive, and no person
has made or given, or agreed to make or give to the applicant,
any payment or
other reward in consideration of the adoption except such as the court may
sanction.
- The
court also has the power to make interim adoption orders, thereby postponing the
determination of the application. This is allowed
for a period not exceeding
two years by way of a probationary period, upon such terms as regards provision
for the maintenance and
education and supervision of the welfare of the infant
and otherwise as the court may think fit. All consents are required to an
interim order, but the court may dispense with such consent.
- The
Act also makes provision in cases where de facto adoption exists. It states
that where
“any infant is in the custody of, and is being
brought up, maintained and educated by any person or by two spouses jointly
as
his, her or their own child under any de facto adoption, and has for a period of
not less than two years been in such custody
and been so brought up, maintained
and educated, the court may, upon the application of such person or spouses,
make an adoption
order authorizing him, her or them to adopt the infant
without requiring the consent of any parent or guardian of the infant to be
obtained, upon being satisfied that in all the circumstances
of the case it is
just and equitable and for the welfare of the infant that no such consent should
be required and that an adoption
order should be made”.
- All
efforts are made to ensure that the law is enforced in all adoptions and the
correct procedures adhered to. The court grants
an average of 15 adoptions
annually. Most of these adoptions have family connections. Non-nationals do
adopt Dominican children,
but on a small scale.
Article 11. Illicit transfer and non-return
- There
is no documented evidence or suspicion to indicate kidnapping or retention of
children abroad by a parent or third party. The
retention of a child abroad by
a parent or relatives would most likely be with the consent of the relevant
parties. Child stealing
and abduction do not pose a problem.
- The
Adoption of Infants Act (chap. 37:03) permits interim adoption orders for a
period not exceeding two years by way of a probationary
period. The court is
also empowered to set certain terms as it thinks fit under an interim order. In
the event that the adopter
takes the child overseas, the terms of the order
would have to be met. No penalty is, however, specified for cases where the
adopter
fails to have the child return at the expiration of the probationary
period.
- Under
the Offences Against the Person Act (chap. 10:31) the illicit transfer and
nonreturn of children is prohibited. The following
applies under the
legislation:
(a) Child stealing (sect. 54). A person is liable to
be prosecuted who unlawfully removes or detains, by whatever means, a child
under 14 years from the possession of any person having the lawful care or
charge of the child. This carries a penalty of three
years’
imprisonment;
(b) Abduction (sect. 53). Any person who unlawfully takes, or causes to be
taken, any unmarried girl under the age of 16 years out
of the possession and
against the will of her father and mother, or of any other person having the
lawful care or charge of her,
is liable to imprisonment for two years. The
Sexual Offences Act I of 1998, section 22, also deems it an offence to
unlawfully take away or cause to be taken away or detain another person against
the will of that other
person;
(c) Kidnapping (sect. 65). Any person who without lawful authority
forcibly seizes and confines or imprisons any other person within the State, or
kidnaps any other
with intent, is liable to imprisonment for seven years.
According to Antoine (1998), the legal protections which exist against
kidnapping
in Dominica (Offences Against the Person Act) are very weak with
respect to such offences committed abroad. Intricate issues of
jurisdiction and
conflict of laws may arise which may preclude the jurisdiction or power of the
Dominican courts or legal process.
Article 19. Abuse and neglect
- The
abuse and neglect of children has in recent years become a national issue of
concern to the general populace. The prevention
of maltreatment of children is
therefore seen as key to their survival, and also to successful nation-building.
Every effort is being made through the means of education, law reform,
social programmes and institutional structures to combat the scourge of
child
abuse and neglect.
- In
Dominica, corporal punishment is often used by adults to alter or combat
children’s behaviour or to administer discipline.
The laws of Dominica
permit corporal punishment. The Corporal Punishment Act (chap. 12:73, sect. 3)
states that a male juvenile
under the age of 16 may be given such punishment in
the form of whipping. However, this form of punishment can only be carried out
if confirmed by a judge of the High Court. Medical officers and parents and
guardians are required to be present. The Education Act 11 of 1997 (sect. 49)
states that corporal punishment may be administered where no other punishment is
considered suitable or effective, and only by the
principal, deputy principal or
any teacher appointed in writing by the principal for that purpose, in a manner
which is in conformity
with the guidelines issued in writing by the Chief
Education Officer.
- Another
form of child maltreatment also present in our society is child sexual abuse.
This may range from fondling to intercourse
between a child or a young person
and an adult. Neglect, on the other hand, is often the result of ignorance or
indifference on
the part of parents or guardians.
- The
care and protection of children within the Public Service is the responsibility
of the Welfare Division of the Ministry of Community
Development and Gender
Affairs. Other programmes administered by the Division are Public Assistance,
Care of the Elderly and Probation.
- The
rising reports of child abuse over the past 10 years occasioned the
establishment of a Child Abuse Prevention Programme within
the Welfare Division.
This started as a joint venture between Government and the National
Children’s Home (NCH), a British-based
funding agency. The unit is into
its tenth year of operation.
- The
aim of the Child Abuse Prevention Programme is the prevention of abuse of
children and the provision of therapeutic counselling,
particularly to those
children who have fallen victim to sexual abuse. Counselling is also offered to
family members in order to
help alleviate the hurt and trauma occasioned by the
abuse of a member of the household.
- The
Programme has three levels. The first or primary level of prevention involves
to a large extent the whole population. The nation
is sensitized through public
education using the mass media and also a child abuse special week of
activities. The impact is seen
through the increase of reported cases by
members of the public. The second level of prevention involves professionals,
particularly
teachers, nurses, police and social workers, who come into regular
contact with children and their families. These professionals
are exposed to
training on the issue of child abuse. At a third level of prevention, treatment
is provided for victims and their
families both to deter abuse and also for
rehabilitation.
- The
Welfare Division works in close collaboration with the Committee for the
Concerns of Children. This is a multidisciplinary committee
that aims, among
other things, to help protect children from all forms of abuse. The Committee
is engaged in developing prevention
programmes aimed at reducing the incidence
of child abuse in the community. The Division also collaborates both with other
governmental
and non-government agencies.
- Reports
of child abuse are received at the Division from concerned members of the
public, teachers, health personnel, and sometimes
by the child victim. Children
also report to teachers, nurses and other persons in whom they confide.
Reported cases of neglect
and abuse of children are investigated both by the
police and staff of the Welfare Division. All reports, except those of sexual
abuse made to the Welfare Division, are investigated by officers of the
Division. Cases of a sexual nature reported to the Division
are referred to the
police for investigation as are cases reported to them from other sources. In
certain cases officers of the
Welfare Division assist the police in court
proceedings against perpetrators. Welfare officers make home visits and speak
both to
the child and other persons, with the objective of determining whether
in fact abuse has taken place. If the child is found to be
at risk, appropriate
action, including a court order, is obtained to house the child in a safe family
environment. This often results
in the fostering of the child. A child abuse
central register, which provides statistics on child abuse, is kept at the
Welfare Division.
- It
has been recognized that a multidisciplinary approach to the problem of child
abuse is key. To this end, the Division sees the
present inter-agency work
among welfare, education, health and police personnel as a major achievement.
Joint agency procedures
for reporting and managing cases of abuse by each agency
will soon be implemented.
- A
research study by Sharma and Burnette (1995) on the prevalence of child abuse in
Dominica and legal reform has been conducted.
Among the recommendations
submitted by the researchers are:
(a) The high prevalence of
sexual abuse suggests the need for further explanations of the causes of sexual
abuse and measures to
prevent it in Dominica;
(b) The target age group for education aimed at preventing abuse is 9-14
years;
(c) Recognizing that child abuse has long-term implications, it would be
useful to determine the emotional consequences experienced
by child abuse
victims;
(d) It would be useful to screen for alcohol abuse and to determine its
relationship to child abuse;
(e) It is necessary to establish a family court.
- The
following legislation, which protects the child against abuse and neglect, forms
part of Dominican Law:
(a) Children and Young Persons Act
(chap. 37:50, sects. 5 and 6) - prevention of cruelty to juveniles. Such
cruelty includes neglect,
assault and abandonment. The State is also empowered
to remove the child from such dangers and place him or her in a safe
environment.
The Social Welfare Division has the jurisdiction to follow the
progress of the child;
(b) Infants Protection Act (chap. 37:05) - punishment for neglect of
infants;
(c) Offences against the Person Act (chap. 10:31) includes exposing
children to lifethreatening danger, unlawfully assaulting or beating
any other
person, and assault occasioning bodily harm;
(d) Sexual Offences Act I of 1998 - relates to sexual crimes, but no
provision for mandatory reporting.
- A
review of legislation found that while there are legislative measures in place
to protect the child against violence, abuse and
ill-treatment, social,
administrative and educational measures that can support these legislative
procedures are lacking in Dominica.
For example, while the law makes provision
for a child to be removed from an abusive home and placed in care, childcare
facilities
such as State-sponsored foster homes are lacking. There is also
great difficulty experienced in finding suitable private foster
homes for such
children.
- The
Welfare Division highlights the following as constraints in effectively dealing
with the issue of child abuse and neglect:
(a) Staff shortage - the
present complement of 10 staff members is insufficient to cope with child abuse
matters in addition to other
programmes of the Welfare Division;
(b) Child psychiatrist/psychologist - certain abused children need highly
specialized assistance. This cannot now be provided in
the absence of a
professional;
(c) Finance - there is often need to financially assist the family of the
abused child where destitution exists, and also in cases
where it is proven that
the abuse resulted because of financial constraints. In addition, the families
who foster the abused child
must be remunerated. Budgetary limitations restrict
the level of assistance in these areas;
(d) Homes for crisis situations - this is a requirement for emergency
placements. Difficulties are encountered when an abused child
is to be moved to
a safer environment;
(e) Dissemination of information - the education programme would be better
served with more printed information and also more use
of the media;
(f) Family court - this type of court system has many advantages. It would,
among other things, be a better environment for both
abused child and parent,
and could also help with the processing of cases including the often
long-outstanding child abuse matters.
Article 25. Periodic review of placement
- The
periodic review of children placed in care is essential in order to ensure that
they are protected and that their needs are met.
- Presently,
Dominica’s childcare system does not include a children’s home.
However, Operation YouthQuake has a foster
care unit. The organization has a
periodic review policy for each participant in the programme. This involves the
child’s
parents or guardians, the institution’s staff, plus a
trained professional who would lend both expertise and experience. The
participant is also involved. Operation Youth Quake employs a field officer who
makes home visits and gathers information for participant
case reviews.
Appropriate action is taken after each review with the aim of ensuring the
child’s well-being.
- With
reference to foster care, periodic reviews of children in family care are
undertaken. It is the duty of each welfare officer
to make monthly visits to
every foster home to which he is assigned. The foster child’s general
welfare is monitored, in terms
of health, conduct and progress. Personal files
are kept where observations on each visit are documented. The Chief Welfare
Officer
examines the files and convenes periodic placement reviews. Foster
parents and children are allowed to share their views. It is
also customary
that welfare officers hold meetings at the foster home with all parties,
particularly when certain emergencies arise.
These meetings and reviews are
meant to ensure that the child receives the proper care, guidance and
protection.
Recommendations
- The
Maintenance Act should be reviewed. Attachment of earnings and measures for the
enforcement of provisions under the Act should
receive special attention.
- The
Public Assistance Programme should be reviewed in order to assess its
effectiveness to recipients.
- Policy
guidelines for the effective operation of day-care centres should be
established, along with a policy for children in foster
are.
- “Families
and Children Act” should be enacted.
- A
family court should be established.
- A
unit of qualified personnel to plan and implement ongoing national programmes to
effectively address problems associated with child
abuse should be
established.
- Periodic
reviews of child abuse preventive programmes and delivery of services should be
undertaken to ascertain the impact and level
of aftercare of the abused
child.
- A
new approach should be instituted to obtain the services of foster parents and
ensure that there always exists a list of prospective
foster parents.
- A
programme on proper parenting skills and human growth and development should be
incorporated in the school curriculum.
- A
coalition for better parenting is also suggested. This coalition could comprise
various groups with the objective of becoming more
aware of and effective in
dealing with parenting issues. Some emphasis should be placed on parenting by
males.
- The
Foster Care Programme should be strengthened.
- Homes
for crisis situations should be identified or established.
- The
Social Welfare Division should establish proper overseas linkages with
counterparts in order to better assist families in Dominica
to maintain contact
with relatives overseas.
- Legislation
should be enacted to provide mandatory reporting of child abuse cases. This
should be accompanied by legislation to provide
protection for professionals and
citizens with respect to mandatory reporting.
VII. BASIC HEALTH AND WELFARE
Article 6, paragraph 2. Survival and development
- The
Government of Dominica has the highest regard for the survival and development
of children. In this connection, every effort is
being made, wherever possible,
to institute programmes for the development of the nation’s children and
also ensure their safety
and survival. The provision of proper health services
is seen as key to achieving these goals.
- Dominica’s
policy towards health is based on the fundamental principle that, “All
citizens have the right to attain the
highest possible level of health in order
to be able to work and live in accordance with acceptable standards of human
dignity at
an affordable cost.” This principle is upheld in a shared
commitment which emphasizes that both the Government and the community
are
responsible for maintaining and raising the level of health care of the
citizens. This became manifest in the development of
the primary health-care
approach to health development which focuses on the shared commitment to
achieving lasting improvement in
the quality of life.
- The
proportion of the 1999/2000 national budget allocated to health was
EC$ 32,852,502. This represents 10 per cent of the national
estimates and
shows a 1 per cent increase over the 1998/99 estimates. From the 1999/2000
allocation EC$ 8,354,173 were devoted to
the provision of primary health care,
which is 25.4 percent of the budget of the Ministry of Health. Amidst budgetary
constraints,
Government remains committed to providing primary and preventive
health services at hospitals, health centres and clinics throughout
the country.
These services are available at no cost to children.
- A
successful and ongoing immunization programme has resulted in the eradication of
major childhood illnesses.
- Dominica’s
population growth rate can be described as slow. According to statistics, over
a four-year period (1991-1994) the
growth rate stood at 0.02 per cent. The rate
of natural increase is 14.5 per cent. The proportion of females compared to
males
is 1.07 per cent. This means that to every female there is 1.07 per cent
male.
- The
1991 population census report also shows an increase in the female population of
childbearing age (15-44 years), both in number
and percentage, between 1981 and
1991. In 1981, they consisted of 14,586 persons, or 26.4 per cent of the
total population, while
in 1991 they numbered 14,997 persons, or 28.3 per cent
of the total population.
- The
Ministry of Health has had great success in the following areas with regard to
child survival and development:
(a) A reduction in the infant
mortality rate from 28.1 per 1,000 in 1974 to 24 per 1,000 in 1999;
(b) A reduction in the neonatal mortality rates from 19 per 1,000 in 1996 to
11 per 1,000 in 1999;
(c) Mortality in the age group 1-4 years has shown a decline, and is holding
at a rate of 1 per 1,000;
(d) Undernutrition among children is virtually non-existent;
(e) The incidence of those diseases controlled through the expanded
programme of immunization (EPI) is now under control. Protection
measures are
in place and an immunization programme is well established. Immunization
coverage in the last three years has had 99
per cent coverage for all vaccines
used;
(f) A reduction in the number of children born with low birth weight (under
2.5 kg.) from 146 in 1994 to 123 in 1999;
(g) Maintenance of very low maternal mortality (three deaths in the past
five years);
(h) A rising rate of exclusive breastfeeding among lactating mothers. In
1986, there was only a 25.5 per cent rate, compared with
32 per cent in
1991;
(i) Gastroenteritis in the under-5s has been reduced. In 1989, the number
of cases per 1,000 population was 490 compared with 107
in 1999;
(j) Tetanus toxoid, if needed, is still being administered as necessary to
antenatal mothers as well as MMR vaccines;
(k) An established School Health Programme, which includes physical
assessment of all school entrants, plus vision and hearing tests.
There is also
Family Life Education. Teachers, health personnel and other selected persons
are being trained in order to empower
young people with life skills;
(l) Lowering of the DMFT (Decayed Missing or Filled Teeth Score) by 20 per
cent over the 1989 level;
(m) Training of health personnel in acute respiratory disease. An asthma
survey is also being conducted;
(n) School entrants receive complete physical examination, booster
immunization and referral for further care if needed;
(o) A new instrument has been designed to be used by health workers to
assist them in identifying high-risk mothers as well as newborn
babies and young
children with developmental delays or disabilities;
(p) Developmental milestones have been added to the child health passport in
order to assist parents and health works to assess the
child’s
development.
- The
Ministry of Health has set itself the following
targets:
(a) Continuation of the National Immunization
Programme;
(b) Intensification of the School Health Programme to ensure that school
entrants (5 years old) and leavers (13-15) receive screening
for
vision, hearing and growth. Complete physical examination is done only for
entrants in all health districts except two. There
is also a referral system in
place;
(c) Retraining of health-care workers to equip them with new skills for
health promotion;
(d) Full implementation of breastfeeding policy in keeping with commitment
to the International Code of Marketing of Breast Milk
Substitutes (WHO 1981).
The aim is to achieve an 80 per cent rate of infants who are exclusively
breastfed;
(e) A screening programme and facilities for development disabilities in
children;
(f) Institution of measures to reduce the incidence of acute respiratory
diseases;
(g) Counselling of clients on the use of contraceptive methods;
(h) Reduction of obesity in children in selected health districts;
(i) Ensuring that all pregnant women have antenatal care by the twelfth week
of pregnancy and 80 per cent coverage for post-natal
care;
(j) Reducing the percentage of children (43 per cent) who still have
untreated dental decay;
(k) Continuing to intensify health education/promotion activities at all
levels, including the development of education strategies,
to minimize
risk-taking behaviours within the population;
(l) Continuing to intensify partnerships with various organizations and
community groups in the prevention and management of HIV/AIDS;
(m) Continuing the mother-to-child HIV/AIDS transmission prevention
programme;
(n) Intensifying activities geared towards increasing early antenatal
booking;
(o) Improving the monitoring system to include coverage of pregnant women
who were previously fully immunized with tetanus vaccine;
(p) Reorientation of health services to respond more appropriately to
changing health situations;
(q) Introduction of the Hazard Analysis Critical Control Point (HACCP)
system at all levels of the food industry, from the farm to
the table;
(r) Improving and monitoring all existing water systems and providing water
to all communities.
Article 23. Disabled children
- Government
is aware of the needs of persons with disabilities and recognizes the need for
special provisions for disabled children
that would help promote their
development and integration into society. However, this would depend on the
availability of resources
as, according to the Education Act 11 of 1997, section
74 (2) (c), the Minister may, as resources, permit, include as part of the
system of public education, special education in accordance
with the provision
of the Act.
- The
Education Act 11 of 1997, sections 81 to 84, makes reference to the education of
children with disabilities. Under the Act, the Chief Education
Officer is
responsible for ensuring that special education is provided for compulsory
school-age children who may be in need of the
services.
- The
Dominica Association of Disabled People makes representations on behalf of
persons with disabilities and implements programmes
geared towards improving
their status. In 1989 the organization conduted a national stratified
random survey. The data collected
showed that 10 per cent of the population is
in some way disabled. The survey also revealed that 13 per cent
of the disabled population
is between the ages of 0 and 14 years. The three
major impairments in this age group are hearing, seeing and speech (see appendix
2, table 2). A 1999 survey of children with moderate to severe
disabilities focusing on the age group 0 to 9 years revealed
233
children between 5 and 9 years of age, which is within the compulsory
school-age group. Of that figure, 28 per cent of the children
are not accessing
education; 60 per cent of them are males. The types of disability include
mental deficiencies and sensory, physical
and communication disorders. The
majority were mental deficiencies of varying severity from moderate to
severe.
- The
recommendations from the survey highlighted the need to establish a national
early detection and treatment programme. Through
the Ministry of Health School
Health Programme, children with hearing problems are screened and managed
appropriately. The Ministry
also targets early detection in the other areas
mentioned. The Ministry’s medical services include children with
disabilities.
These services are provided at hospitals, health centres, and at
the homes of those children. There is no residential care programme
for
disabled children.
- Government
adopted a National Policy Statement on Persons with Disabilities in 1995. The
statement aims at the integration of disabled
persons into the mainstream of
society. It attempts to fashion a policy specific to the needs of the disabled
population. However,
implementation of the policy has not been effected to date
due to an inadequate coordinating mechanism.
- The
policy statement outlines the following goals for children:
(a) To
ensure that persons with disabilities, particularly infants and children, are
provided with the same medical care within the
system as other members of
society;
(b) To ensure that medical and paramedical personnel are trained to give
appropriate advice to parents of disabled children;
(c) To screen all children from birth to 5 years to detect disabilities so
that corrective action can be taken;
(d) To ensure through legislation that new public buildings are accessible
to persons with disabilities and equipped with the appropriate
facilities;
(e) To educate children with special needs in the least restricted
environment possible with adequate support services;
(f) To make all schools and facilities accessible to children with special
needs through the construction of ramps, rails and other
suitable
structures;
(g) To provide persons working with children with special needs with at
least basic knowledge to enable them to cope effectively;
(h) To develop special schools/programmes where feasible for children who
cannot be integrated in the mainstream;
(i) To provide ongoing training and refresher courses for medical personnel,
social workers, teachers and day-care providers working
with persons with
special needs;
(j) At the end of the period of compulsory education and training, to assist
children with special needs in independent adult life,
as far as possible.
- Dominica
has only two special education institutions that cater for children with
disabilities.
Alpha Centre
- The
Alpha Centre is a non-governmental educational institution for students who are
developmentally and mentally delayed. Approximately
160 mentally challenged
children are the recipients of the services provided by the Alpha Centre, which
provides the following:
(a) Basic education, which includes
academic skills, functional, daily living and selfhelp skills and vocational
skills;
(b) Early intervention through a pre-school programme. The
parents/guardians/ caretakers accompany the children to the Centre twice
weekly.
The focus is on skills needed and caregivers are expected to
continue the practice of what is learned during those periods
when they are
at home;
(c) Community-based programme. This includes a focus on parent training and
working with parent support groups.
- Of
the teaching staff of five, there is presently one teacher trained in working
with children who are mentally challenged while another
is a trained general
practitioner.
School for the hearing impaired
- There
is a Government-operated institution for children with severe hearing loss. At
present, a total of 27 students are enrolled,
with a staff of 5 including the
principal. The principal and one teacher have received formal training to work
with children with
hearing impairments. The children begin as early as 3 years
of age. They follow the same school curriculum as used in the mainstream,
with
the addition of speech training. They work according to ability level. The
school faces constraints in the area of classroom
space, and also lacks proper
visual material.
- Under
the Welfare Division’s public assistance programme, special consideration
is given to the mothers of children who are
severely handicapped. Those parents
who are found to be destitute are given a special monthly allowance to encourage
them to remain
at home in order to care for the child.
Article 24. Health and health services
- The
mission of the health service is “to promote the physical, social and
mental wellbeing of all citizens of Dominica so that
they can obtain the highest
possible levels of health and live in accordance with acceptable standards of
human dignity at a cost
that is affordable and sustainable”.
- The
Government of Dominica shares the view that good health is not merely an absence
of disease or infirmity in the population, but
rather constitutes a satisfactory
state of physical, mental and social well-being in the individual.
- The
principle being adopted is that both the Government and the community are
responsible to maintain and raise the level of health
care of the citizens.
This belief has been manifested in the development of the primary health-care
approach to health development,
which focuses on a shared commitment to
achieving lasting improvement in the quality of life.
- At
primary care level, delivery of health care is facilitated by the division of
the island into seven health districts. For ease
of administration, the
districts are grouped together into two regions. Health facilities are
distributed islandwide with 45 type-I
peripheral clinics and 7 typeIII
health centres. The type-III health centres are larger, slightly more complex
buildings, with added
facilities including services for deliveries. Each health
district has a welldefined population with a team of health workers headed
by a
district medical officer. The main hospital, Princess Margaret, is located in
the capital.
- Primary
health care includes:
(a) Promotion of proper nutrition;
(b) Adequate supply of safe water;
(c) Basic sanitation;
(d) Immunization against the major infectious diseases;
(e) Education concerning prevailing health problems and the method of
preventing and controlling them;
(f) Appropriate treatment for common diseases and injuries;
(g) Provision of essential drugs.
- Mothers
and children are among the Ministry of Health’s priority groups. The
infection of young women, infants and teenagers
with HIV is of concern. As of
December 1999 Dominica had recorded a total of 204 HIV-positive cases. There
are 55 female seropositive
cases on record. The statistics show 10 HIV-positive
cases in the under-5 age group and 9 cases among teenagers (see appendix
3A).
- The
Health Ministry in its AIDS prevention thrust is placing emphasis on education.
Young men and women are therefore target groups
for AIDS intervention and
education. There is no specific programme in place for children, but they are
covered under the education
programme. Children found to be HIV positive are
followed up and given supportive therapy.
- Among
the main concerns of the health sector are shortfalls in allocation of resources
for financing health services. There is also
a need for improvements in the
efficiency of health-care delivery and quality of care, while at the same time
having consideration
for equity. Health personnel consider these concerns
legitimate, given the high costs of health care and public demands for new
and
improved services. In response to the changing environment within which health
development must occur, that is, the changing
epidemiological profile, the
Ministry of Health has adopted the health promotion approach as the way forward
with its six main strategies:
(1) Formulating a healthy public
policy.
(2) Reorienting health services.
(3) Empowering communities to achieve well-being.
(4) Creating supportive environments.
(5) Developing/increasing personal health skills.
(6) Building alliances, with special emphasis on the media.
- This
approach will guide the organization and administration of health-care services
to achieve improved health status, greater efficiency,
quality of care, and
maximum social participation. In addition, the Ministry is embarking on other
health reform issues for the
achievement of greater health development.
- Another
constraint is the unavailability of certain tertiary care facilities and
equipment to undertake management of certain conditions.
There is a need for a
special fund to be set up to assist indigent patients requiring overseas medical
attention. Owing to budgetary
constraints, the Ministry of Health is unable to
accommodate the many requests for such assistance.
- There
now exists a need to overhaul the legislation governing the health services. As
attention is given to this area, a Health Services
Act will be
considered.
Primary health care - maternal and child health
- The
Ministry of Health, under its primary health-care programme, is providing
comprehensive health services for women, infants and
adolescents.
- The
overall objective of maternal and childcare services is to ensure that every
expectant and nursing mother maintains good health,
learns the art of childcare,
has a safe delivery and bears healthy children. Maternal health consists of the
care of pregnant women,
intra- and postnatal care of the newborn infant, the
supervision of breastfeeding and guidance in responsible parenthood
planning.
- Antenatal
care is free. Women undergo physical examinations along with laboratory
investigations. These are done in order to detect
and prevent difficulties
associated with pregnancy. The patient is seen by the District Medical Officer
who, on detecting high risk
and problem cases, refers them to the obstetrician
who is posted at the Princess Margaret Hospital. The patient is given health
education on selected topics including proper breastfeeding. Supplies of iron
and folic acid tablets are provided and dental care
referrals are made.
- The
patient is delivered by trained midwives at health centres or hospitals.
Puerperal care is given to mothers for the first 5-10
days. Six weeks after
delivery, post-natal examinations are done. Mothers are initiated on family
planning and are also given MMR
vaccines if needed.
- There
is a linkage between immunization and infant mortality, since inadequate
immunization could lead to infant deaths. Recognizing
that fact, health
personnel are targeting 100 per cent immunization coverage for children
under 1 year. At the close of 1999, 99.5
per cent of
children 1 year and under were immunized for DPT, polio, MMR and BCG (see
appendix 3D). A second dose of MMR is to be
administered in the year 2001. All
children, 6 years and over had a second dose of MMR vaccines in the
1996 campaign. Children
between 1-5 years received their second dose of the
vaccines in the year 2000.
Infant nutrition
- The
Primary Health Care Programme has a nutrition component which provides
nutritional education and guidance to the general public.
With regard to infant
nutrition, the Programme is geared towards the promotion of proper breastfeeding
and weaning practices. The
unit accomplishes this goal through the individual
counselling of clients (parent, parent/child), the media, reading materials and
workshops for both clients and health staff.
- The
Ministry of Health has a breastfeeding policy in place. In June/July 2000, the
Committee for the Promotion of Breastfeeding,
with funds from UNICEF, conducted
a National Breastfeeding Survey. The Caribbean Food and Nutrition Institute is
presently compiling
the result.
- An
infant nutrition programme forms part of the breastfeeding policy. The main
goal of the programme is the promotion of proper breastfeeding
and weaning
practices. One major objective is the promotion of exclusive breastfeeding for
four to six months. This is initiated
at hospitals at the time of delivery.
All healthy, normal, full-term babies must be put to the breast as soon as
possible after
delivery. No pre-lacteal feeds are given to any infant unless
medically indicated. At health centres, there is a referral system
between the
hospital and clinic regarding new births in order to establish and maintain
breastfeeding. Working mothers are encouraged
to express milk for feeding the
baby during their absence. In terms of education, breastfeeding information
includes the benefits
and superiority of breastfeeding. Among the many other
areas of education outlined in the policy is that breastfeeding must be included
in the curriculum of the basic nursing programme and in-service training. It is
also the policy of the Ministry of Health that HIV-positive
mothers and mothers
with AIDS should not breastfeed.
- The
establishment of a breastfeeding committee assists greatly in the promotion of
proper breastfeeding and weaning practices. The
committee is comprised of
representatives from each of the seven health districts, the Ministry of
Education and a non-governmental
organization involved in health care. In 1999,
the Princess Margaret Hospital was awarded the “baby friendly”
shield
from UNICEF.
- There
are, however, certain constraints with exclusive breastfeeding for the first
four to six months. Among these is the difficulty
certain mothers have in
changing the cultural practice of bottle-feeding. In addition, the
breastfeeding concept lacks promotion
from a few doctors and other health
professionals.
- The
complementary feeding process (weaning) is one of the keys to proper infant
nutrition. In this area, the emphasis is on a gradual
change from a pure liquid
to a solid diet during food from the “family pot”. Mothers are
given guidance on proper complementary
feeding practices for the continued
growth of their children and the maintenance of a normal nutritional status.
However, despite
every effort to maintain good nutritional status, there is
still a problem of obesity in the age group of 0 to 59 months. In 1998,
9.1 per
cent of infants were found to be obese, and 9.7 per cent in 1999. Among the
reasons given are improper feeding practices,
financial constraints, cultural
and/or religious practices and the irresponsible attitudes of some parents.
- The
Nutrition Programme, which is administered by the Health Promotion Resource
Centre, also caters to school-age children, pregnant
and lactating women,
persons with chronic nutrition-related diseases and adults of all
ages.
Diarrhoeal disorders and malnutrition
- Malnutrition
and diarrhoeal disorders do not at this time pose a major challenge to
health personnel. There is the isolated case
of undernutrition. In the
case of diarrhoeal disorders, 42 cases were reported in 1993, compared with
5 in 1999. In the same under-5
age group, gastroenteritis is of concern, but
nothing to cause alarm. In 1993, 130 reports were recorded, against 107 in 1999
(see
appendix 3H).
- There
is continuing education on proper sanitation and improved health habits and life
styles to help bring about improvements in
the above and other areas.
Dental health
- Dental
health is a major component of primary health care. The aim of the Dental
Programme is the prevention of problems associated
with dental care. This is
done through two main programmes: fluoride rinse and sealants treatment.
- The
Dental Unit is staffed by four dentists and six dental therapists. The
therapists are stationed one in each of the seven health
districts, while three
dentists are headquartered in the main health centre located in the capital, but
hold clinics in the out-districts.
One dentist is stationed in the second town
to serve two health districts.
- The
dental programme specifically targets children within the 6-12 age group because
of the high risk of early tooth decay. Dental
therapists are wholly occupied in
the children’s programme. They are engaged in the following: fillings;
extractions; teeth
cleaning (prophylaxis); oral hygiene information; public
health education at schools and also with district health teams; public
health
education in the community (pregnant and nursing mothers, diabetic and
hypertension patients).
- A
Primary Dental Health Care Project was initiated in 1989 in collaboration with
the Canadian International Development Agency (CIDA)
in partnership with the
Faculty of Dentistry, University of Toronto. The project was initially funded
by CIDA for five years. The
project’s overall mission was to develop the
primary dental health-care system to a sustainable level equivalent to that of
the other health services. The project set out to achieve three measurable
changes in the health of the target group:
(a) To ensure that 80
per cent of children receive complete care;
(b) To save teeth rather than extracting them by achieving a ratio of 10 or
fewer extractions to 100 restorations;
(c) To maintain, at 12 years of age, the prevalence of decay at 30 per cent
and the mean DMFT to no more than 2.8, and to improve
the ratio of restored
to total DMFT from 8 per cent to 80 per cent.
- The
following are identified as the main achievements of the
project:
(a) Lowering of the DMFT score: a 20 per cent improvement
over the 1989 level (see appendix 7A);
(b) Better equipment in place;
(c) In-service and further training for dental workers and also training
sessions for personnel in other areas of the primary health-care
system;
(d) Survey on the dental health of children;
(e) Developing and implementing a management information system.
- With
regard to the dental care of children, a survey conducted in 1995 by the
University of Toronto has shown great improvements in
the dental health status
of children. As a consequence, treatment needs fell considerably. There has
been a reduction in dental
caries (20 per cent) and improvement in
decayed teeth (43 per cent). There was also an improvement in treating the
children’s
decayed teeth from 8 per cent to 33 per cent. The ratio of
extractions compared with restorations has shown improvements: in 1995,
this
had improved to 26.6 extractions to 100 restorations (see appendix
7B).
- Based
on data compiled during the survey, the average therapist’s monthly
production of the four major dental clinical services
(examinations,
extractions, restorations and sealants) appears to have increased over a
specific period (1993 to first five months
of 1995; see appendix 7C)). In
the latter two years of the stated period, the increases in the use of dental
sealants by therapists
provided more “upstream” (effective primary
prevention) dental care (see appendix 7D).
- A
number of children were either examined or received complete dental service in
the primary dental health-care system for the period
1993-1995. The following
is reflected in the data gathered (see appendix 7E):
Children
examined - 8 789
Children who received complete care - 6 074
- The
constraints that face the Dental Unit relate directly to finance. Equipment
provided by CIDA is now at the end of its useful
life. Replacements/spares are
needed to continue the prevention programme. In addition, training to replace
staff who have left
as a result of migration is a major constraint. Coupled
with this is the common staff shortage problem. There is, too, an ongoing
need
for readily available supplies.
- The
above constraints will require close attention in order not to lose the gains
obtained in preventing dental diseases.
Family planning
- Family
planning services are part of the maternal and child health programme. These
services are provided by doctors and nurses at
health centres and clinics.
Among the services offered are limited contraceptive supply, physical
examination and counselling.
- Clients
are referred to the Dominica Planned Parenthood Association (DPPA), a
nongovernmental organization. The association’s
mission is geared towards
the improvement of the quality of life of citizens within the childbearing age
group, their offspring and
dependents, through the provision of family planning
information, education and services. The core activities of DPPA are family
life education, the family planning clinic and youth peer counselling.
- DPPA
employs a Family Life Educator who assists with family life education at schools
that have requested the service. The Educator
also conducts sessions as part of
the Government’s Youth Skills Training Programme and with community
groups. Individual counselling
is also provided.
- A
qualified nurse is posted at the family planning clinic, which provides services
in counselling, medical examinations, blood pressure
checks and pregnancy tests.
In addition, Pap smears and contraceptives are provided.
- The
Youth Peer Counselling Association seeks to develop a core of youth peer
counsellors equipped with the knowledge and skills to
identify young people at
risk of unplanned pregnancy and sexually transmitted disease. The peer
counsellors are expected to help
these young people and others to make the right
choices in averting risky behaviour and its consequences.
- Teenage
pregnancy in Dominica has over the years become a major concern. From the
mid-1990s to the early 1970s, births to teenage
mothers peaked to about 30-33
per cent of total births. A decline was recorded in the mid-1970s, levelling
off in the 1990s, with
a definite downward trend in the 1990s (see appendix
3F).
- A
survey on contraceptive use among women conducted in Dominica nine years ago
found that contraceptive awareness in Dominica is high.
A high percentage - 96
per cent - of all women knew at least one method of contraceptive and 84 per
cent were aware of more than
five methods. The study however, found that of all
age groups studied, contraceptive use was lowest among in-union adolescents.
This shows clearly the need to promote family life and family planning education
among teenagers. Pre-teens should also be targeted.
It is hoped that the
Family Life Education Programme at primary schools, supported by DPPA
programmes, will help address the problem
of teenage pregnancy. Parents should
also be educated so that, in turn, they would assist in educating their
children.
Articles 26 and 18, paragraph 3. Social security and
child-care
services and facilities
- The
Dominica Social Security Scheme ensures a sustainable form of social protection
to its members. At the commencement of the Scheme,
six benefits were offered,
namely sickness, maternity, age, invalidity, survivors and funeral grant, and
coverage was extended only
to employees. New benefits in the form of Medicare
and employment injury, as well as coverage to self-employed persons, have since
been introduced.
- Children
over the age of 16 years can be insured under the Social Security Act
(chap. 31:01, sect. 19 (1) (b)). A self-employed person
aged 14 or over is
also insurable. Any person who is ordinarily resident in Dominica and is
between the ages of 14 and 60, and is
temporarily resident outside of Dominica
by reason of having been selected in Dominica for participation in an employment
programme
by the Government of Dominica shall be insured during such temporary
employment as if he/she were a self-employed person.
- Children’s
or orphan’s benefits are provided under the Dominica Social Security
Survivor’s Benefit. To qualify
they must:
(a) Be under 16
years of age and unmarried, or under 18 years of age if attending an educational
institution approved by the Board;
(b) Be children of the deceased;
(c) Have been living with or wholly maintained by the deceased at the time
of death.
- Survivor’s
pension, subject to the maximum pension available, is paid at a rate of one
quarter to each normal child, one third
to an invalid or an orphan and one half
to the widow or widower. A minimum weekly pension of EC$ 35 is payable to each
child.
- There
are two areas of conflict with regard to the granting of social security
benefits. First, since age eligibility is from 14
years, potential problems may
arise as children below the legal age of sexual consent (16) may bear children
who themselves may qualify
for social security benefits. Second, as social
security is tied to contributions from employment, the granting of benefits to
teenage
mothers who are still of school attendance age could cause conflict as
it may encourage school drop-out.
- Under
funeral grant, a new feature now in place is the payment of a grant in respect
of the death of a dependent child of the insured.
- The
Welfare Division in its childcare services aims, wherever necessary, to protect
the child and attempts to ensure his general well-being.
This is done through
the provision of monthly allowances in needy cases, foster care, adoption, child
abuse prevention and rehabilitation,
and intervention in other matters which
directly or indirectly impact on the child’s welfare.
- Childcare
services are also provided at day-care centres or day nurseries for children of
working parents between the ages of 3 months
and 3 years.
- The
six major day-care centres in Dominica are all privately owned and managed.
Government has not committed itself to the operation
of day centres. Instead, a
monthly subvention is allocated to three of the existing centres, which depend
mainly on fees from parents
using those facilities.
- The
centres have a programme composed mainly of supervised play and training in
health habits. The number of children at each centre
fluctuates, but the
largest centre (St. Ann’s Day Nursery of the Social Centre) has a total of
80 children enrolled.
- The
day-care centres operate under the following constraints:
(a) No
set policy guidelines in place;
(b) No official monitoring of the services provided at the centres;
(c) Lack of fully trained staff;
(d) Lack of finance, which hinders the provision of certain services, for
example, a more comprehensive parenting programme and home
visits.
- The
existing day-care centres are concentrated around the capital, Roseau, and
environs. The idea of day-care service seems not to
have found favour among
many parents; customarily, the majority of parents keep their children under 3
at home to be cared for by
themselves or a family member.
- The
development of policy guidelines for the operation of day-care centres is
receiving urgent attention. In setting regulations,
operational standards and
monitoring of services provided at those centres will be included as part of the
policy guidelines.
Article 27, paragraphs 1-3. Standard of living
- The
primary responsibility for ensuring that a child has an adequate standard of
living rests with the parents.
- The
Maintenance Act (chap. 35:61) stipulates that it shall be the duty of a mother
and father to maintain the child. The law defines
“maintenance” as
education, welfare and medical treatment, plus food, clothing and
accommodation.
- While
in truth some parents, for legitimate reasons, are unable to fulfil their
responsibility as outlined in the Act, a few, for
whatever reason, refuse to
support their children. Under the Act, redress can be sought through the
courts.
- Government
has a programme of assisting parents whose circumstances warrant the granting of
a monthly financial allowance. This is
provided after thorough investigations.
The Ministry of Education administers an Education Trust Fund to assist needy
children at
secondary schools. Children are entitled to free medical services
at Government-run institutions.
Recommendations
- More
special education programmes to suit the needs of children with disabilities are
highly recommended.
- Legislation
on the immunization of children should be adopted.
- Health
certificates should be a requirement for entry into school.
- A
massive health education programme (primary health care) geared towards parents
should be mounted.
- School
sanitation programmes should be established to maintain healthy environments for
children.
- Public
information on the concept of foster care should be enhanced, as well as
training and proper screening of foster parents.
- A
regular general monitoring system for day-care centres should be put in
place.
- The
Youth Peer Counselling Scheme of the Dominica Planned Parenthood Association
needs strengthening in light of the important service
it attempts to
provide.
- A
concerted effort should be made to have in place updated tertiary care
facilities and equipment at the Princess Margaret Hospital.
- An
urgent need exists for the setting up of a special fund to assist indigent
patients requiring overseas medical attention.
- A
full compliment of staff should be assigned to the School Health Programme.
- There
should be proper screening and facilities for children who are developmentally
delayed.
- The
health sector should enhance its collaboration with the Dominica Planned
Parenthood Association on the provision of contraceptives.
- There
should be special concessions for children with disabilities, both physical and
mental, when receiving services at the Princess
Margaret Hospital.
VIII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
Legislation
- In
1997, Dominica enacted legislation on education based on a model Education Act
developed for the Organization of Eastern Caribbean States (OECS) countries as
part of the Education Reform Strategy.
- Dominica’s
education system, as described by the new Education Act 11 of 1997, is organized
in three stages, namely primary education, secondary education and tertiary
education. Pre-primary education,
the education of children with special needs
and exceptional ability, adult education and distance education are included,
but the
extent to which Government makes provision is dependent on available
resources. The school system is organized in the categories
of public schools,
private schools and assisted private schools.
- The
Education Act 11 of 1997, section 27, makes provision for compulsory education.
The compulsory school age is defined to be from 5 years of age
to 16-years of
age. Section 36 legislates that it is the duty of parents to ensure that the
child receives an education by regular attendance at a school. Section
38 of
the Act also makes provision for school attendance counsellors to assist
teachers in the counselling of children of compulsory
school age and their
parents in the enforcement of the compulsory attendance provisions of the Act.
However, no such officers have
been appointed.
- According
to section 16 of the Act, attendance at an educational programme at a public
school is free. However, other charges may
be imposed at a public school or
assisted private school with the written approval of the Minister of
Education.
- The
Education Act 11 of 1997 contains regulations which govern the operation of
private schools. Section 91 makes provision for the private school
to be
registered and issued a permit by the Minister of Education. An education
officer may also enter the premises for monitoring
purposes during the hours of
operation of the school. According to section 113, a teacher employed in a
private school shall possess
at least the minimum qualifications required of a
teacher employed in an equivalent public school.
Administration
- Administrative
responsibility for the provision of education in Dominica lies with the Ministry
for Education, Science and Technology.
A minister, who is assisted by both
administrative and technical officers, beads the Ministry. The Permanent
Secretary is the Chief
Administrative Officer and has responsibility for the
administration of the Ministry. The Chief Education Officer heads the technical
staff and is considered the chief professional advisor with direct
responsibility for the administration of schools. He is assisted
by the
following units:
- – The
Project Management Unit, which oversees the preparation, implementation and
monitoring of projects;
- – The
Planning Unit is responsible for strategic planning, data management and
initiatives in information technology;
- – The
Measurement and Evaluation Unit is responsible for the preparation and
implementation of national assessment and for facilitating
external
examinations;
- – The
Curriculum Unit develops, reviews and upgrades school curriculum. It is also
responsible for materials
production;
- – The
Office of the Assistant Chief Education Officer coordinates school operations
and is assisted by district education officers.
A Senior Education Officer
has responsibility for secondary schools, learning support personnel and
guidance counsellors. There
is also an officer for special needs
education.
- The
administrative arm of the Ministry for Education, Science and Technology deals
with financial, personnel and administrative matters
in general. The technical
section, on the other hand, is responsible for specific education matters that
are geared towards access,
equity and quality education.
- The
proportion of the 1999/2000 national budget for current expenditure allocated to
education is EC$ 40,479,485. This represents
16.9 per cent of the national
estimates and shows a 0.37 per cent increase over the 1998/99
allocation.
Philosophy of education
- Dominica
is committed to creating a system of education that promotes “quality
education for all”. According to the Education
Development Plan:
2000-2005 and beyond, the vision recognizes the right of all to be able to gain
access to education and the need
to provide quality teaching and learning in
schools and colleges which are managed and resourced efficiently by teams of
well-trained
staff at all levels.
- The
Ministry for Education, Science and Technology intends for students to be
characterized as:
- – Literate,
numerate and computer competent;
- – Skilled
in science and technology;
- – Self-confident
and equipped with personal and interpersonal skills;
- – Valuing
diversity and having a positive work ethic, and able to contribute to their
local and wider community;
- – Healthy
and appreciative of their environment and natural heritage.
Article 29. Aims of education
- The
Ministry of Education, Science and Technology aims to:
(a) Increase
enrolment at the pre-primary level, maintain access at primary level, achieve
universal secondary education and expand
tertiary education and training;
(b) Improve the quality of education at all levels in order to raise student
achievement to meet established educational standards;
(c) Develop to the fullest extent the skill, knowledge and attitudinal
competencies of all individuals passing through the education
system;
(d) Reduce the differences in lifetime opportunities resulting from
inequalities in the education and training system through increased
access and
compensatory programmes;
(e) Modernize schools to be at the centre of change, develop strong
leadership with partnership among students, parents and community
to provide and
secure enabling environments;
(f) Provide resources for the classrooms that will assist teaching and
learning and that are student centred;
(g) Ensure that management of the education service promotes efficient and
effective use of resources, and support schools in the
transformation
process;
(h) Contribute to social, economic and cultural development locally,
nationally, regionally and internationally.
- The
Ministry is now engaged in reforming the education and training system, the main
aim of which is to expand access, improve quality
and ensure equity in the
system. The reform is evolving through several approaches:
(a) The
Basic Education Reform Project, which is funded primarily by the
World Bank;
(b) The Secondary Education Support Project funded by the Department for
International Development (DFID) of the United Kingdom;
(c) The OECS Education Reform Project, a subregional approach with support
from CIDA, the British Development Division in the Caribbean,
the World Bank and
the Caribbean Development Bank;
(d) Use of European Union funds for human resource development.
The Basic Education Reform Project (BERP)
- The
Basic Education Reform Project is part of a major reform of basic education,
aimed at improving efficiency and effectiveness of
the education system and
enhancing equity of access to educational opportunities. The overall objective
of the project is to accelerate
human resource development to ensure that the
requisite manpower exists to attain the desired economic transition in Dominica.
The
project has three major components:
(a) Strengthening of
management and planning;
(b) Improvement of the quality of basic education;
(c) Expansion and conservation of school places.
- To
date, under BERP, the following activities have been
completed:
(a) Three new units have been established, namely, the
Project Management Unit, the Education Planning Unit and the Measurement and
Evaluation Unit;
(b) One new secondary school was built, another was expanded to include new
classrooms and a school library, and 13 primary schools
were rehabilitated;
(c) Eighteen persons were trained at the Master level in different
educational fields;
(d) There have been four major consultancies providing skill transfer and
capacitybuilding.
The Secondary Education Support Project (SESP)
- The
project, which is being funded by the British Government, has as its overall
goal the enhancement of Dominica’s human resource
base and the widening of
opportunities for the poor, thus contributing to poverty reduction. The purpose
is to enhance access to,
and the quality of, lower secondary education,
particularly for disadvantaged, less academic students. There are two main
components,
namely, teacher education through an in-service model and curriculum
development.
- The
main achievements of the project so far have been:
(a) The
construction of a new secondary school and the refurbishment of a primary school
in the south of the island;
(b) The development of curriculum guides for lower secondary forms 1 to 3 in
language, arts, mathematics, science and social studies;
(c) Capacity enhancement of the Curriculum Development Unit for the
production of educational materials;
(d) The training of four persons as guidance counsellors and four others to
provide learning support in mathematics and language.
The OECS Education Reform Project
- Dominica
is a member of the Organization of Eastern Caribbean States. That grouping is
involved in functional cooperation in education
and training. In 1990, eight
OECS Ministers of Education established a common strategy for reforming their
educational systems.
After much consultation, the strategy was documented in a
report, called “Foundation for the Future, the OECS Education Reform
Strategy (OERS)”, in 1991.
- The
purpose of the reform is to help people improve their income and quality of
life. Hence, part of the strategy, education reform
plans involve training for
teachers, improved resources in the classroom, curricula more suited to the
Caribbean, new buildings and
better management.
- To
date, reform is ongoing in the following areas:
(a) Teacher
education and teachers’ work;
(b) Curriculum development;
(c) Tertiary education to include adult and continuing education;
(d) Early childhood education;
(e) Student remediation and education;
(f) Electronic networking;
(g) Student attitude;
(h) Strengthening management of the Ministry for Education, Science
and Technology;
(i) Technical/vocational education and training;
(j) Public awareness.
Institutional infrastructure
- The
Dominica Educational System is structured as follows.
Early childhood education
- Early
childhood education in Dominica is privately administered with a government
subvention to that sector which is now $60,000 for
2000/01. There are 82
pre-schools with an enrolment of 2,069 students, 52 per cent of them females and
48 per cent males.
- The
Education Act No. 11 of 1997 provides for the regulation of pre-primary
education services within the private sector, and for the future development
of
the Government’s role in the pre-primary education provision. The Act
specifies that the programmes and polices of the
private providers shall be
consistent with the policies, programmes and plans of Government. In addition,
it provides for the establishment
of a Council on Pre-primary Education, which
was established in 2000, to advise the Government on policies to guide the
implementation
of preprimary education services and to make regulations for the
proper carrying out of the purposes of pre-primary education services.
- Regulations
governing pre-primary education are now being legally drafted and will include
provision for early childhood education
from 0 to 5 years. They focus on
academic and professional qualifications of teachers, school records, curriculum
development, buildings,
premises and equipment, health requirements and safety
standards.
- Work
is progressing on the establishment of a technical support unit (to be called
the Early Childhood Development Services Unit).
It will be accountable to the
Council in carrying out its function of regulating the early childhood sector.
Its resources will
include the budget for staff, grants and contributions that
currently reside within the budget of the Ministry of Education.
Primary education
- There
are 67 primary schools on the island. Fifty-four are Government-owned,
five are Government assisted while eight are privately
owned. There is
universal access to primary education. In the year 2000 the gross enrolment
rate stands at 99.3 per cent with an
average size of 193 and an enrolment of
12,959 (see appendix 4B).
- The
Education Act No. 11 of 1997 makes provision for compulsory education between
the ages of 5 and 16 years. Education at that level is relatively
free.
Government provides a subvention to the managers of Government assisted and
private schools so that the cost will be lower
to parents who choose to send
their children to these schools. For the past four years, the primary school
students have been the
recipients of free textbooks in the four core subject
areas. An education trust fund exists to provide support for disadvantaged
students. Parents are provided with funds to cover transportation to and from
school, stationery, uniforms and books that are not
covered under the textbook
provision scheme.
- There
are 604 teachers (including principals) in the system, with 65 per cent of them
trained (see appendix 4C). The training capacity
of the Teachers’
Training College has been strengthened and numerous ongoing in-service training
courses enable classroom teachers
and school managers to keep abreast of
developments in the field of education.
- The
primary school gives focus to four core curriculum subjects, namely, English,
mathematics, science and social studies. For the
past five years, the
Curriculum Development and Materials Production Unit has been engaged in
capacity-building and is now involved
in developing and reviewing relevant
curricula.
- National
assessment began in October 2000 at the grade 2 level and will be introduced in
grade 4. The results indicated a problem
with literacy and numeracy within the
schools. The Ministry is presently embarking on a national drive to address the
situation.
This includes the involvement of school and community. The Common
Entrance Examination is still the selective mechanism for entry
into secondary
education, however, national assessment, which has both a diagnostic and a
prescriptive role, together with the gradual
move towards universal secondary
education will eventually change the nature of that examination in terms of
identifying the strengths
and weaknesses of students.
Secondary education
- Fifteen
secondary schools exist, six of them Government owned, eight government assisted
and one privately owned (see appendix 4G).
The average size of school is now
418 with a present enrolment of 6,270 (see appendix 4I). Seventy-five per cent
of the secondaryschoolage
cohort is attending secondary school. One secondary
school is fully engaged in universal secondary education with a catchment area
which includes six primary schools.
- Secondary
schools are staffed with trained graduates, non-graduates with professional
training, and other teachers with little or
no training. There are 328 teachers
in the secondary school system with 69 per cent of them untrained. This is
projected to decline
drastically by the year 2001 since teachers are now engaged
in training, following in-service, full-time and distance learning programmes
from which they will graduate within the next two years. There are now four
guidance counsellors who work with the secondary schools.
- The
percentage of female students attending secondary school (56.4 per cent) is
greater than that of male students (43.6 per cent),
even if the figures show
that there are more male students at the primary level than female students.
The repetition rate is currently
9.9 per cent (see appendix 4K), the dropout
rate is 2.8 per cent (see appendix 4J) and the wastage rate is 12.7 per
cent. The repetition
rate and the wastage rate show an increase over the past
five years.
- Government
has in place an Education Trust Fund, which assists selected students at
secondary schools. The main criterion for selection
is financial need. The
Fund assists with textbooks and transportation.
- The
Junior Secondary Programme (JSP) located within the primary school system
targets children who were not selected for secondary
school through the Common
Entrance Examinations and offers them the opportunity of eventually going on to
secondary school. The
present enrolment is 1,086 with 66.9 per cent being
males.
- The
Youth Division has ongoing skills training programmes, while certain
nongovernmental organizations have programmes targeting adolescents.
One of
these, the Centre where Adolescents Learn to Love and Serve (CALLS), is situated
in Dominica’s second town. It provides
an opportunity for trainees to
participate in development programmes. They are assisted in strengthening their
self-awareness to
enhance personal development. The trainees are taught basic
literacy skills and exposed to training in an area of skill of their
choice.
- The
Social Centre, also a non-governmental organization, targets adolescents in its
skills training programme. Those who participate
in the programme are given a
“second chance” to educate themselves and at the same time obtain a
particular skill.
Special education
- The
Ministry of Education has appointed one person to coordinate and implement
special education programmes throughout the island.
There are presently two
institutions (see section on disabled children) catering specifically to
children with moderate to severe
special needs. Children with mild special
needs and some with moderate needs are integrated into the mainstream.
- Other
programmes geared towards catering for children with special needs
include:
(a) Screening for vision, hearing and nutrition status of
primary school children in collaboration with the Ministry of Health;
(b) Ongoing assessment for learning problems;
(c) Early identification and intervention screening programme for
preschoolers and children in grades K and 1 of primary school;
(d) A programme of early referral to a special needs clinic is also being
instituted in collaboration with the Ministry of Health;
(e) In-service teacher training for teachers in both special needs and the
mainstream.
- Notwithstanding
the programmes available, there are still a significant number of children
with disabilities who are not accessing
education. A recent survey showed
that 28 per cent of children of compulsory school age are not
accessing education.
Tertiary education
- On
leaving secondary school, students between the ages of 17 and 19 access
tertiarylevel education at the Clifton Dupigny Community
College. The Academic
Section of the college prepares students for successful completion of the
University of Cambridge Advanced
Level Examinations. Five students are offered
scholarships if the necessary requirements are met. The full cost of study is
borne
by Government.
- The
Technical Studies Division of the college offers full-time two-year diploma
courses and one- and two-year certificate courses.
The courses lead to City and
Guilds of London awards and prepare students for technician-level employment
and/or further education.
- Students
often encounter difficulties accessing scholarships, which are mainly externally
funded. Those students who are unable to
secure scholarships are forced to seek
student loans for further education at North American universities and colleges.
Certain lending
institutions do make such loans available, but both demand and
selection criteria are very high. A proper student loan scheme as
well as
making scholarships more readily available to students are two suggestions worth
exploring.
- There
is a move to engage in the following:
(a) To amalgamate tertiary
institutions;
(b) To modify and include relevant and new programmes such as information
technology, hospitality service, and nursing and teacher
education;
(c) To introduce Caribbean Advance Proficiency Examinations (CAPE).
Article 31. Leisure, recreation and cultural
activities
- The
Government of Dominica is mindful of the importance of leisure, recreation and
cultural activities to the life of a child. This
is not regulated by law;
however, to this end, wherever possible, schools are built with play areas for
recreational activities,
which are included in the curricula. Students are
engaged in inter-school sporting events.
- Various
communities islandwide are equipped with community recreation facilities.
However, frequent calls are being made to upgrade
certain facilities and, where
they do not exist, to construct sporting facilities.
- Officers
of the Culture Division are assigned to students of various schools as part of
their extracurricular activities. Instructions
are given in traditional and
creative dance, drama, art and singing. The Division also assists students of a
recognized music school.
Children are also reached when the Culture Division
conducts sessions with community groups. The participation of children is quite
visible at cultural activities during national independence celebrations.
- It
has been recognized that the continued growth and sustenance of the
nation’s cultural art forms depend in part on the involvement
of children.
The intention therefore should be the exposure of children to training in the
various art forms. Progress is being
made in this area.
- A
Culture Act (chap. 30:01) forms part of Dominica’s statutes. It
makes provision for the further development of culture. Under the Act,
a
National Cultural Council is appointed by the Minister responsible for culture.
The Minister has the duty to provide training,
services and facilities as
considered necessary for the development and promotion of cultural activities in
Dominica (sect. 3).
- The
Council has among its duties to recommend measures necessary for the development
and enhancement of culture in Dominica, including
matters relating to the
location, orientation and establishment of art centres and other cultural
facilities (sect. 14 (f)). Children
will no doubt benefit from those
facilities.
Recommendations
- A
comprehensive teacher training programme for secondary school teachers should be
developed.
- A
student loan scheme should be instituted in order that funding for further
education can be more readily available.
- Every
effort should be made to maintain the school-feeding programme.
- Standardized
training for pre-school teachers should be developed.
- Training
programmes for prospective primary school teachers should be held before they
are assigned to classrooms.
- The
Ministry of Education should take a critical look at the following: training,
supervision, special education, substitute teachers,
forward planning, school
access.
- Recreation
facilities should be constructed and sporting facilities upgraded in various
communities.
- The
education policy should be revised with regard to the choice of persons employed
in the different educational institutions.
- The
Education Act should address the illegal substances and weapons used in schools
by students.
- More
public libraries should be established.
- More
sporting and recreational facilities at schools should be established.
- Family
life education should be offered at schools.
IX. SPECIAL PROTECTION MEASURES
Articles 22, 38 and 39. Refugee children and children in armed
conflicts,
and social reunification
Children in situations of emergency
- The
Government of Dominica in principle remains committed, wherever possible, to
rendering humanitarian assistance to all persons,
particularly children. That
commitment extends to those children who become vulnerable as a result of armed
or other major conflicts.
The Government has to date not been confronted with
those issues.
- Every
effort will be made to avoid the involvement of children in hostilities in the
event that certain situations present themselves.
Article 40. Administration of juvenile justice
- The
administration of juvenile justice in Dominica hinges on the premise that court
matters involving juveniles should be treated
differently from those where
adults are involved.
- The
laws of Dominica, in particular sections 3 and 8 of the Constitution, adequately
ensure that a child is presumed innocent unless proven guilty. The child also
enjoys the constitutional protection against
self-incrimination under section 8
and the right of access to the courts for redress for any violations of his/her
rights.
- The
Children and Young Persons Act (chap. 37:50, sect. 3) stipulates 12 years
as the minimum age of responsibility, under which the child cannot be deemed to
have committed
an offence.
- In
Dominica, there are three magisterial districts comprising 13 courts with
juvenile matters heard in each district. The magistrate
in each of these
districts has jurisdiction in juvenile matters. Juvenile court sessions are
held in the same building where the
magistrate court sits. However, provision
is made for juvenile matters to be heard at different times from those at which
adult
matters are heard. With the exception of one district, regular juvenile
court sessions are not held. The main reason is that few
matters are listed for
hearing. The custom is that if a matter involving a juvenile comes up for
hearing, it would most likely be
taken during the sitting of the Magistrate
Court. This, however, is contrary to the provisions of the Children and Young
Persons
Act (chap. 37:50) which makes special provisions for sittings of
juvenile courts.
- The
Act makes the following provisions in dealing with juveniles during sittings of
the juvenile court:
(a) When a young person or child is charged
with any offence, the magistrate shall, for the purpose of hearing the charge,
sit in
the juvenile court established in the district in which he is exercising
jurisdiction (sect. 12);
(b) Every juvenile court shall consist of a chairman, who would normally be
a magistrate, and two assessors, one of whom shall be
a woman. However, a
magistrate may sit alone in any case where he considers that it would be
impracticable for the court to be constituted
in the manner aforesaid, or that
it would be inexpedient in the interests of justice to adjourn the business of
the court (section
11 (2));
(c) The parents or guardians or others responsible for the care of the
juvenile shall be summoned to be present in court while the
charge or
application is being determined (sect. 15);
(d) Prior to the commencement of trial, the court shall explain to the
juvenile in simple language the substance of the alleged offence
(sect. 23
(1));
(e) No person other than the members and officers of the court and the
parties to the case, their solicitors and counsel, and other
persons directly
concerned in the case shall, except by leave of the court, be allowed to attend
(sect. 13 (1));
(f) Persons who are not members or officers of the court may be excluded
from any proceedings during the taking of the evidence of
a juvenile in relation
to an offence against or any conduct contrary to decency or morality (sect. 29
(1));
(g) When charged jointly with an adult, both juvenile and adult may appear
formally in the first instant in another court before
the case against the
juvenile is sent to the juvenile court (sect. 22);
(h) Where a child is charged with an offence other than homicide, the case
shall be finally disposed of in such a court (sect. 23
(2));
(i) An appeal shall lie from any decision or order of a juvenile court
(sect. 16 (3)).
- The
parents of the juvenile, if necessary, arrange legal representation for defence.
There is no legal aid system in place. Recommendations
from different forums
have suggested that a legal aid system for juveniles should be instituted. The
local Bar Association is considering
that recommendation.
Article 37 (b), (c), (d). Deprivation of liberty
- There
is no law that creates alternative measures to judicial proceedings where a
juvenile infringes penal law, although alternative
punishment is contemplated.
A family court, which works with both judicial and social welfare services,
might be in a position to
address this requirement. Government is studying a
proposal for the establishment of a family
court.
- A
child can be deprived of his/her liberty if, after committing an offence, he/she
is found guilty in a juvenile court. In this regard,
any police officer may
file proceedings against a juvenile. However, where a juvenile is in need of
care or protection, a police
officer or “authorized person” may
bring the juvenile before the juvenile court. “Authorized person”
means
a probation officer or any person appointed by the Minister on the
recommendation of a social welfare officer. Care or protection
includes control
and guidance, as well as discipline.
- The
Children and Young Persons Act (chap. 37:50, sect. 9 (1), (d)) provides that a
juvenile may be committed to the Government Training
School for a period not
exceeding three years. There is at present no such institution.
Article 37 (a). The sentencing of juveniles
- The
rules of procedure within the juvenile court are the same as those governing
proceedings in the ordinary Magistrate Court in its
exercise of summary
jurisdiction. The standard of proof, “beyond reasonable doubt”, is
also the same.
- At
the start of proceedings, the magistrate begins by explaining to the juvenile,
in simple language, the substance of the alleged
offence. The juvenile would
then be asked to put in a plea of guilty or not guilty.
- The
court is particularly concerned with the treatment and rehabilitation of the
juvenile. However, punishment is also used if the
circumstances demand this.
The juvenile court relies on the professionalism of probation officers to guide
the court when sentencing
the juvenile.
- Sentences
available to the courts can be classified as follows:
(a) Punitive
- custodial, detention, fines, whipping (punishment);
(b) Cautionary - discharge, reprimands, cautions (deterrence);
(c) Supervisory - probation, care orders, training school orders
(reformation).
Sentences can therefore be seen as intended to punish, deter, and, if
possible, to reform the offender.
- In
sentencing a juvenile, a magistrate has options under the following
legislation:
Children and Young Persons Act (chap. 37:50);
Magistrate’s Code of Procedure (chap. 4:20);
Probation of Offenders (chap 12:33);
Juvenile Offenders Punishment Act (chap. 12:72).
- The
magistrate is empowered to:
(a) Place the offender under the
supervision of a probation officer for a period not exceeding three years;
(b) Commit the juvenile to the care of a fit person who is willing to
undertake the care of him or her;
(c) Reprimand or discharge him/her;
(d) Commit the juvenile to be detained or pursue a course of instruction at
a government training school;
(e) Order the payment of a fine or compensation;
(f) In the case of a young person (14-18 years), sentence him/her to
imprisonment for three months;
(g) Order the parent or guardian of the offender to enter into a
recognizance for the good behaviour of the offender;
(h) Sentence him to be privately whipped with not more than 12 strokes in
the case of a child (under 14 years) or a young person;
(i) Deal with the case in any other legally prescribed manner.
- Based
on legislation (Magistrate’s Code of Procedure, chap. 4:20, sect. 90), a
child should not be sentenced to prison. A young
person could, however, be so
sentenced. The present physical prison conditions do not prevent the
association of adult and children
prisoners or those on remand. Government is
in the process of constructing a facility that will provide skills training for
juvenile
offenders as well as a remand unit, and also a section for those given
custodial sentences.
- The
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 the individual was under the age of 18 years; but in lieu
thereof the court shall
sentence him to be detained during the State’s
pleasure. While so detained, the individual is deemed to be in legal custody
(Offences Against the Person Act, chap. 10:31, sect. 3 (1) (b)).
- A
juvenile justice workshop was held in Dominica in 1995. A cross-section of the
populace, including legal personnel, had intense
discussions on the condition of
juveniles as it relates to the justice system and the need for improvements in
the system. Presentations
were made on the following
topics:
(a) Sentencing of juveniles and the experiences of
incarceration;
(b) Alternatives to sentencing;
(c) Sentencing of persons with disabilities;
(d) Right to a fair hearing - delay.
- The
following were among the workshop’s recommendations:
(a) The
establishment of a multidisciplinary committee to review and update legislation
relating to juvenile offenders;
(b) The provision of alternatives to incarceration (halfway houses,
community service programmes, parole, suspended sentences);
(c) The establishment of a training school;
(d) The introduction of a legal aid programme;
(e) The establishment of a separate Probation Department;
(f) The setting up of a family court;
(g) Training of all officials involved in the juvenile justice system;
(h) Developing juvenile crime prevention programmes;
(i) Improving physical conditions at the prison to include separate
facilities for first offenders and juveniles;
(j) The immediate appointment of assessors for juvenile court sittings.
- The
above recommendations are seen as key to improving the juvenile justice system.
Every effort will be made to implement the recommendations,
subject to available
resources.
Article 39. Physical, psychological and social
reintegration
- Rehabilitation
of juveniles is a major factor in juvenile justice. Apart from the prison there
is at present in Dominica no other
custodial setting for rehabilitative care for
juveniles considered in need of such care within a custodial setting. While
views
have been expressed on rehabilitation outside the prison system, there is
little therapeutic care in place within the community to
help address the
psychological and emotional needs of the child.
- As
part of rehabilitative care within the prison, provision is made for education
and skills training. The workshop on juvenile justice
recommended the
implementation of a prison aftercare programme.
- In
terms of both prevention and rehabilitation, a suggestion has been put forward
for the establishment of a unit, serviced by a psychologist
and professional
counsellors, and with other amenities aimed at assisting maladjusted children
and others with deviant behaviour.
This would no doubt help with the social
reintegration of the child, both within the family and society.
- Juveniles
placed on probation are assisted towards their social reintegration. The
probation service also helps juveniles overcome
their problematic
behaviours.
Recommendations
- Matters
before the court dealing with juveniles should be dealt with promptly, with all
juveniles having access to legal aid representation.
The exclusion of the
public from juvenile courts should be strictly adhered to.
- Persons
engaged in the administration of justice, particularly as it pertains to
children and families, should be exposed to training
in sensitive issues
relating to the welfare of the child.
- While
it is recommended that custodial sentences for juveniles remain on the statute
books, efforts should be made to construct a
facility separate from the prison
where juveniles could be remanded and given skills training.
- The
general public as well as the media should be sensitized to possible
repercussions that certain television programmes and music
could have on
children.
X. CHILDREN IN SITUATIONS OF EXPLOITATION
Article 32. Economic exploitation
- The
economic exploitation of a child could have lasting effects on the child’s
developmental potential. The Government of Dominica
is fully aware of its
responsibility to safeguard its children from any activity that would be
tantamount to economic exploitation.
Child labour has not been an area of
concern, with little known reports of incidents.
- The
Employment of Children (Prohibition) Act (chap. 90:05) prohibits the employment
of children in any occupation, with certain exceptions.
No person shall take
into his employment or employ in any occupation whatsoever any child (under the
age of 12 years), but a child
may be employed in domestic work or agricultural
work of a light nature at home by the parents or guardian of the child (sect.
3).
Contravention of this Act makes one liable upon conviction to a fine of
$500.
- The
Employment of Women, Young Persons and Children Act (chap. 90:06) states that no
child under the age of 14 years shall be employed
or work in any public or
private industrial undertaking (sect. 4 (1)). In addition, no child shall be
employed or work on any ship
(sect. 5). Exceptions are made under the Act for
undertakings in which only members of the same family are employed, and for
manual
labour by a child under order of detention in a reformatory or industrial
school.
- A
person guilty of an offence against the Act is liable, upon conviction, to a
fine of $250 and, in the case of a second or subsequent
offence, to a fine of
$500.
- Persons
under the age of 18 years shall not be recruited. However, the Minister may, by
regulation, permit persons under that age
but of or above the age of 16 to be
recruited with the consent of their parents or guardians for employment in light
work (Recruiting
of Workers Act, chap. 90:04, sect. 4).
- In
a review of laws pertaining to children, Antoine (1998) stated that “while
the Convention does not lay down a specific age
under which children should be
prohibited from employment, the ages found in Dominica are comparatively low,
when one considers the
aim of the Convention, which is to prevent work which
will interfere with the child’s right to education and overall
development.
It is also inconsistent with legal obligations in Dominica on
compulsory school attendance”. However, this is an area now
being
examined by a committee working on the development of a Children and Family
Act.
Article 33. Drug abuse
- Dominica
has not escaped the seemingly worldwide, escalating problem of drug abuse. In
recent years, Dominica has experienced an
increase in the illicit use of drugs
and also drug trafficking. Government remains committed to eradicate, through
every means possible,
this menace from society. In so doing, children would be
protected from the ill effects of the drug abuse scourge. It is with this
in
mind that a Drug Education Programme has been instituted at schools.
Legislation
- The
Drugs (Prevention of Misuse) Act (chap. 40:07), which was enacted in 1988, is
very comprehensive. It makes provisions with respect
to dangerous or otherwise
harmful drugs. Stiff penalties, ranging from a maximum fine of EC$ 150,000 to
life imprisonment for drug
trafficking, are fixed under the Act.
- A
“controlled drug” under the Act is any among those narcotic drugs,
psychotropic substances or other specifically listed
substances in the
Schedule.
- It
is an offence to be in possession of a controlled drug for the purpose of drug
trafficking on any school premises (sect. 16 (2)).
“School
premises” include buildings, playing fields or other premises established
or maintained by a school for the
benefits of its pupils.
- A
person could also be penalized for using a child as a carrier in drug
trafficking. If found guilty, the individual could be fined
or, if convicted on
indictment, sent to prison for life (sect. 16 (5)). Those provisions
are no doubt aimed to protect the child
from persons who are hoping to gain from
hiring the services of children to their own advantage.
- There
are reports of children being used in drug trafficking. However, persons with
the evidence are often not prepared to make formal
reports and also cooperate
with the police for the filing of legal proceedings. Children are being
sensitized to the dangers of
drug abuse. They have in recent times been
involved in marches against drugs.
- It
is an offence to give or sell intoxicating liquor to a child under the age of 12
years (Children and Young Persons Act, chap. 37:50,
sect. 5 (2) (c)). According
to the Act, in so doing a person shall be deemed to have ill-treated a child in
a manner likely to cause
injury to the child’s health. Both a fine and
imprisonment can be imposed. The prison term set is a minimum of three months
to a maximum of two years. The public is to be educated on this aspect of the
law since many persons may be unaware of what is stated
in the
legislation.
Education
- The
Ministry of Education has introduced Drug Education as part of its Family Life
Education at primary schools. The Drug Education
curriculum emphasizes positive
attributes, promotes high self-esteem and self-confidence, and encourages the
making of informed choices.
- In
order for parents to support their children participating in the programme, they
were exposed to the curriculum. Teachers were
also trained. As a further boost
to the curriculum, peer counsellors have been trained. This is part of the
strategy of prevention.
A full assessment has not yet been done on the impact
of the Drug Education Programme at schools.
- Progress
has been made on this aspect of the Convention. The Drug Prevention Unit is
engaged in sensitizing the public to the harmful
effects of illicit drugs.
Sessions are being conducted with children and young persons by both
governmental and non-governmental
organizations. Annual Drug Awareness Week
activities are held.
- In
terms of rehabilitation for children exposed to those narcotic substances, there
is at present no rehabilitation facility. Calls
have been made for a drug
rehabilitation centre. Government is giving this proposal urgent consideration
at the moment. The emphasis
is on training personnel in counselling skills and
other techniques for the treatment of those persons needing assistance.
- Efforts
are continuing, spearheaded by the police, to eradicate the cultivation and use
of marijuana and other hard drugs. The main
policy being pursued is prevention.
Educating both adults and children is regarded as key in the island’s
thrust to overcome
the drug problem.
Article 34. Sexual exploitation and sexual abuse
- Dominicans
abhor the abuse of children, particularly sexual abuse. High sentiments are
expressed when incest takes place. All forms
of sexual molestation are illegal
in Dominica. Government is committed to taking all appropriate steps to reduce
the incidence of
child sexual exploitation. To this end, a new Sexual Offences
Act No. 1 of 1998 has been enacted. The Act strengthens Government’s
resolve to enact appropriate legislation to deal with perpetrators who are bent
on molesting children.
- Under
the Act, the age of consent is fixed at 16 years. In that connection, the Act
states that it is immaterial during proceedings
to claim that consent was
obtained. However, it is a sufficient defence to any charge if it is made to
appear to the court that
the person so charged had reasonable cause to believe
that the girl was of or above the age of 16 years.
- The
Act stipulates severe penalties, the highest being 25 years’
imprisonment:
“Any person who has sexual intercourse with
another person who
(a) is not the spouse of the first mentioned person; and
(b) is under the age of 14 years, whether or not the other person consented
and whether or not the first mentioned person believes
that the other person is
14 years of age or more,
is guilty of an offence and liable on conviction to imprisonment for 25
years.”
- The
Act explicitly deals with incest. It prohibits sexual intercourse between
family members and children. This includes parent
and child, brother and sister
(whether full or half siblings, and whether the relationship is traced through
lawful wedlock or not),
uncle and niece or aunt and nephew, and grandparent and
grandchild.
- A
person who commits the offence of incest is liable, upon conviction to
imprisonment:
(a) For life, if committed by an adult with a person
under 14 years of age;
(b) For 10 years, if committed by an adult with a person 14 years of age or
more;
(c) For two years, if committed between minors.
- The
Act covers offences such as procuring for prostitution, abduction and unlawful
detention of a person with intent to have sexual
intercourse. Penalties range
from a minimum of 10 years’ to a maximum of 14 years’
imprisonment.
- The
administrative agencies for the protection of children in sexual abuse matters
are the Welfare Division and the Dominica Police
Force. Both agencies are
encountering difficulties in effecting protective measures, many of which are
associated with prosecuting
offenders. The following are the main
constraints:
(a) Some parents are discouraged by what they claim is
the slow process from prosecution to court proceedings;
(b) Psychological pressures are brought on the child during open court
proceeding;
(c) Abuse within the family, especially incest, is often kept secret;
(d) Parents sometimes refuse to give evidence or allow the child victim to
speak, as a result of personal relationships with the
perpetrators. The police
are therefore often unable to prefer charges;
(e) Parents are sometimes not willing to press charges out of sympathy for
the child, mainly on account of the child’s reputation
being tarnished by
the public;
(f) Families do arrange out-of-court settlements, which is a big hindrance
to the judicial process.
- A
preventive approach to child abuse generally has been adopted. Because of the
rising reports of sexual abuse (see appendix 6A),
the empowerment of children is
essential. This is being done through public education sessions aimed not only
at children, but at
the general public. Public education is among the outreach
programmes organized by the Welfare Division Child Abuse Prevention Unit.
The
counselling of children is ongoing, though the need exists for additional
counsellors. The service of a psychologist is an
urgent requirement.
- A
number of agencies have now jointly adopted child abuse management procedures.
This is an attempt to better protect the abused
child through a systematic
reporting procedure. When those procedures are approved by Cabinet, they will
officially become Government’s
policy for the protection of abused
children. There is also in place a medical protocol for use by doctors when
attending to children
who are sexually abused.
Article 36. Other forms of exploitation
- The
Government of Dominica is prepared to deal with all forms of exploitation.
Through its various agencies, the Government endeavours
to protect children from
any form of exploitation that would hinder their general well-being. Other
forms of child exploitation
have not been brought to the attention of personnel
working with children.
Article 35. Sale and trafficking and abduction
- Dominica
law enforcement authorities have not been confronted with cases of sale,
abduction and trafficking of children. The Offences
Against the Person Act
(chap. 10:31, sect. 51) makes it an offence to fraudulently allure, take
away or detain a woman under the
age of 18 years.
- Under
the Sexual Offences Act No. 1 of 1998, provision has been made for the offence
of abduction. Section 22 (1) states,
“any person who
unlawfully takes away or causes to be taken away or detains another person
against the will of that other person
with intent:
(a) To commit or to aid or abet the commission of an offence under this Act;
or
(b) To marry or to have sexual intercourse with the other person; or
(c) To cause the person to marry or to have sexual intercourse with the
other person,
is guilty of an offence and liable on conviction to imprisonment for 10
years.”
Recommendations
- Pornography
and nudity in any shape or form should not be promoted, viewed on television, in
newspapers, on videocassettes or other
such media.
- There
is a need for public education and the enforcement of legislation as it pertains
to the sale to and use of alcohol by children.
- A
separate probation department should be established.
- In
investigating child abuse cases, efforts should be made to restrict the number
of persons who interview the child victim.
- In
compiling statistics on child abuse, data should reflect communities where child
abuse is not prevalent.
- Drug
free zones should be established in all areas frequented by children, for
example, schools and playgrounds, to protect children
from the aggressive
marketing of drugs by dealers.
- The
process for the establishment of child abuse management procedures should be
intensified.
- Child
victims of sexual abuse should be required to make only a single appearance in
court and that deposition be read at the trial,
rather than requiring the victim
to endure a second round of embarrassment.
XI. CHILDREN OF MINORITY OR INDIGENOUS GROUPS
Article 30. Children belonging to a minority or an indigenous
group
- Dominica
is distinguished to have an indigenous group of Carib Indians totalling
about 3,000 people. The population of Carib children
totals about 1,000.
The Caribs are regarded as the original population. However, Dominica’s
history records changes in the
occupation of the island, resulting in people of
African descent now being in the majority (89 per cent).
- The
Caribs reside in a designated part of the country. Apart from having their own
Carib Council, which administers certain community
affairs, the Caribs are under
the general governance of the State. This means that the Carib child is not in
any way distinguished
from other Dominican children as far as services and other
amenities are concerned. There are, however, certain practices and customs
which are particular to the Carib people. The Carib language is one of these.
According to the present Carib Chief, it has not
been developed among the
Caribs. It is also claimed that Carib culture needs a boost. The Chief’s
recommendation is that
the Carib language should be taught in schools in the
territory and better use made of the Carib Language Dictionary that has been
compiled. He is also of the view that the Carib child should be made more
culture conscious. The Caribs are free to practise their
own religion.
- An
Act to provide for the establishment of a body corporate for the Carib Reserve
forms part of Dominica’s statutes. It makes
provision for the
administration of the Reserve and for matters connected therewith (Carib Reserve
Act, chap. 25:90).
- There
is at present a minister responsible specifically for Carib affairs.
XII. CONCLUSION
- The
preparation of Dominica’s initial report on the Convention on the Rights
of the Child afforded the opportunity to review
the child care services in place
and also the legislative, judicial and administrative measures in force. While
in general, present
laws comply with the Convention, the enforcement of those
laws is an area of concern. It is also recognized that certain laws should
be
reviewed and new legislation enacted to improve the status of the Dominican
child.
- The
survival and development of children can be made much more secure with the
establishment of more facilities. This can be achieved
with more collaboration
between the Government and the private sector.
- This
nation as a whole must be involved in our quest to improve the overall status of
our children. This demands a heightened public
awareness as to the roles and
responsibilities of all citizens.
- In
light of the important place the child holds in the future development of any
nation, the Government of Dominica pledges its firm
commitment to place matters
related to the welfare of children among its highest priorities, where
appropriate.
List of appendices*
1. Population by age group and sex, 1981 and 1991
censuses
1A Non-institutional population by age and sex for ages 0-18
1B Economic activity during the week before 1981 and 1991 censuses
1C Percent unemployed by age and sex based on main activity 12 months before
the 1981 and 1991 censuses
1D Employed persons by sex and type of worker, 1981 and 1991 censuses
2A Disability, adult vs. child
3A Number of HIV positive by age and sex 1987-1999
3B Number of deaths from AIDS by sex 1987-1999
3C HIV/AIDS statistics
3D Immunization coverage of children one year and under for the period
1987-1999
3E Population, rates of birth, death, infant mortality and maternal mortality
for the period 1989-1999
3F Number of births to teenagers and percentage of total births 1990-1999
3G Live births and live birth under 2,500 grams
3H Number of gastroenteritis diarrhoeal cases yearly in under 5s
4A Number of pre-schools
4B Enrolment at primary schools 1991-1998
4C Certified teachers in primary schools 1990-1998
4D Summary of Common Entrance Examination results
4E Intake by sex and examinations at the Dominica Teachers’ College
4F School meals
4G Secondary schools by type
* Available for consultation, in the original language, in the
files of the secretariat.
4H Changes in allocation patterns of educational expenditure by levels of
education and programmes 1990/91-1999/2000
4I Secondary school enrolments by year, type and sex
4J Drop outs from secondary school
4K Repeaters at secondary school
4L Percentage of children with learning problems
5A Illiteracy rate by age group
5B Illiteracy rate among primary school leavers by parish
6A Child abuse 1990-1999
6B Juveniles in conflict with the law for the period 1990-2000
7A Dental health status of 12-year-olds in Dominica 1989-1995
7B Dental health status of 12-year-olds in Dominica 1995 compared to project
goals
7C Average therapist monthly production of major dental services in the
Primary Dental Health Care System
7D Ratio of extractions to restorations and sealants: primary dental health
care, Dominica 1993-1995
7E Number of children examined and completed in the Primary Dental Health
Care System, Dominica 1993-1995
- - - - -
[*] Receives subventions from Government.
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