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Saint Lucia - Initial reports of States parties due in 1995: Addendum [2004] UNCRCSPR 19; CRC/C/28/Add.23 (13 October 2004)
UNITED NATIONS
|
|
CRC
|
|
Convention on the Rights of the Child
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Distr. GENERAL
CRC/C/28/Add.23 13 October 2004
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 1995
SAINT LUCIA*
[2
June 2004]
* In accordance with the information transmitted to States
parties regarding the processing of their reports, the present document
was
not formally edited before being sent to the United Nations translation
services.
GE.04-43927 (E) 101204
CONTENTS
Paragraphs Page
List of tables 6
Introduction 1 - 5 7
I. GENERAL MEASURES OF IMPLEMENTATION 6 - 19 8
A. Measures taken to implement the provisions of the
Convention
(Article 4) 6 - 12 8
B. Measures taken to promote public awareness of
the principles and
provisions of the Convention
(Article 42) 13 - 14 10
C. Measures taken or to be taken to circulate the report
(Articles
44-46) 15 - 16 10
D. Summary 17 - 19 11
II. DEFINITION OF THE CHILD (Article 1) 20 - 39 11
A. Definition of the child in legislation 20 - 23 11
B. Age of majority 24 - 25 12
C. Age of criminal and civil responsibility 26 - 27 12
D. A juvenile 28 12
E. Compulsory education 29 12
F. Age of employment: part-time and full-time 30 12
G. Age for child maintenance 31 12
H. Age for adoption 32 13
I. Age of marriage 33 13
J. Age for voluntary enlistment into the armed forces 34 13
K. Age for legal and medical counseling without
parental consent
35 13
L. Age for the purposes of citizenship 36 13
M. Summary 37 - 39 13
CONTENTS (continued)
Paragraphs Page
III. GENERAL PRINCIPLES 40 - 70 14
A. Non-discrimination (Article 2) 40 - 44 14
B. Best interest of the child (Article 3) 45 - 53 14
C. The right to life, survival and development
(Article 6) 54 -
62 16
D. Respect for the views of the child (Article 12) 63 - 68 17
E. Summary 69 - 70 18
IV. CIVIL RIGHTS AND FREEDOMS 71 - 105 18
A. The right to a name and nationality
(Articles 7 and 8) 71 -
72 18
B. Freedom of expression (Article 13) 73 - 75 19
C. Access to appropriate information (Article 17) 76 - 79 19
D. Freedom of thought, conscience and religion
(Article 14) 80 -
86 20
E. Freedom of association and of peaceful assembly
(Article 15) 87
- 88 21
F. Protection of privacy (Article 16) 89 - 94 21
G. Protection from torture, or other cruel inhumane
or degrading
treatment or punishment (Article 37) 95 - 101 22
H. Summary 102 - 105 23
V. FAMILY ENVIRONMENT AND ALTERNATIVE
CARE 106 - 180 24
A. Parental guidance and responsibilities
(Articles 5 and 18 (1 and
2)) 106 - 115 24
B. Separation from parents (Article 9) 116 - 126 25
C. Family reunification (Article 10) 127 - 129 27
CONTENTS (continued)
Paragraphs Page
D. Recovery of maintenance for the child
(Article 27, paragraph 4)
130 - 135 27
E. Children deprived of a family environment
(Article 20) 136 -
141 28
F. Adoption (Article 21) 142 - 166 29
G. Illicit transfer and non-return (Article 11) 167 - 168 32
H. Abuse and neglect (Articles 19 and 39) 169 - 172 33
I. Periodic review of placement (Article 25) 173 - 176 34
J. Summary 177 - 180 34
VI. BASIC HEALTH AND WELFARE 181 - 235 35
A. Survival and development (Article 6, paragraph 2) 181 - 210 35
B. Disabled children (Article 23) 211 - 217 41
C. Health and health services (Article 24) 218 - 228 43
D. Social security and child care services and facilities
(Articles
26 and 18, paragraph 3) 229 - 234 47
E. Summary 235 48
VII. EDUCATION, LEISURE AND CULTURAL
ACTIVITIES 236 - 277 48
A. Education, including vocational training and guidance
(Article
28) 236 - 246 48
B. The philosophy and aims of education (Article 29) 247 - 248 50
C. Institutional infrastructure 249 - 262 51
D. Technical and vocational education and training 263 - 266 53
CONTENTS (continued)
Paragraphs Page
E. Guidance and counseling programmes 267 - 269 54
F. Leisure, recreation and cultural activities
(Article 31) 270 -
274 55
G. Summary 275 - 277 55
VIII. SPECIAL PROTECTION MEASURES 278 - 310 56
A. Children in situations of emergency
(Articles 22, 38 and 39)
278 - 279 56
B. Children in conflict with the law
(Articles 37, 39 and 40) 280 -
292 56
C. Children in situations of exploitation 293 - 307 58
D. Summary 308 - 310 60
IX. CONCLUSION 311 - 315 61
Annexes
I. Bibliography 63
II. List of laws and ordinances 65
List of tables
Table 1: Population by district
Table 2: Health facilities by type, number in country and services offered,
2000
Table 3: Medical personnel in public sector by specialty with rates per
10,000 population, 2000
Table 4: Health personnel by institutions selected categories for 2000
Table 5: Estimated mid-year population by age and gender - 2000
Table 6: Selected fertility rates by year - 1991 to 2000
Table 7: Selected mortality rates by year - 1991 to 2000
Table 8: Number and percentage of target population fully immunized against
diseases
under the EPI, by vaccine and year, 1991 to 2000
Table 9: Total births by year, with number and percent of low birth weight
babies,
1991 to 2000
Table 10: Teenage births with percent of total births by year, 1991 to
2000
Table 11: Selected statistics regarding community child health clinics, 1996
to 2000
Table 12: Contraceptives distributed by type, 1998 to 2000
Table 13: Frequency of services provided at SLPPA family planning clinics by
type of
service during 2000
Introduction
- On
July 16, 1993 the Government of Saint Lucia became a signatory to the Convention
on the Rights of the Child (herein referred thereafter
as the Convention).
This report written one decade after the signing of the Convention is
submitted in partial compliance of the
requirement in Article 44 paragraph 1,
which requires that State parties report on the measures, which they have
implemented to ensure
the recognition and enjoyment of the rights of the child.
The report is therefore intended to provide as comprehensively as possible
a
summation and analysis of the key actions taken by this nation over the last
decade to attain compliance with the principles of
the Convention, and to
implement those provision outlined therein.
- Saint
Lucia is one of the small English speaking islands situated in the
Eastern Caribbean, and with an extensive history of French
and English
occupancy, which is reflected profoundly in its culture even today. This
mountainous island is of volcanic formation,
and extends for two hundred and
thirty eight square miles. Its climate is tropical marine, and the
island’s vulnerability
to hurricanes and adverse tropical weather systems
is undisputed.
- Saint
Lucia has a population of 151,143 (Population and Housing Census 2001) dispersed
across ten administrative areas, but with more
than half (52.8 percent) of the
population concentrated in the two northern districts of Gros Islet and
Castries.
Table 1
Population by district
|
1980
|
1991
|
2001
|
% Change 1980-1991
|
% Change 1991-2001
|
Gros Islet
|
10 164
|
13 505
|
19 409
|
32.9
|
43.7
|
Castries
|
42 964
|
51 994
|
60 390
|
21
|
16.1
|
Anse La Raye
|
4 971
|
5 035
|
5 954
|
1.3
|
18.3
|
Canaries
|
2 085
|
1 799
|
1 741
|
-13.7
|
-3.2
|
Soufriere
|
7 295
|
7 683
|
7 337
|
5.3
|
-4.5
|
Choiseul
|
6 498
|
6 405
|
5 993
|
-1.4
|
-6.4
|
Laborie
|
6 889
|
7 491
|
7 329
|
8.7
|
-2.2
|
Vieux Fort
|
10 957
|
13 140
|
14 561
|
19.9
|
10.8
|
Micoud
|
11 934
|
15 088
|
15 892
|
26.4
|
5.3
|
Dennery
|
9 652
|
11 168
|
12 537
|
15.7
|
12.3
|
SAINT LUCIA
|
113 409
|
133 309
|
151 143
|
17.5
|
13.4
|
Source: Government Statistics Department: Population and Housing
Census 2001.
- With
28.3 per cent of the population within the under fifteen (15) age cohort, and
approximately 61.1 per cent of the total population
below thirty-four (34)
years, Saint Lucia’s population may be characterized as primarily a
youthful population. Women comprise
approximately 51.5 per cent of the
total population, and its ethnic composition is predominantly of African
descent. Despite the
presence of several religious denominations within the
country, the nation has maintained a majority Roman Catholic influence and
demonstrated a spirit of tolerance for the freedom of religion and of
association.
- On
February 22, 1979, Saint Lucia attained its independence as a sovereign nation
within a democratic political structure. Hence,
the Saint Lucia Constitution
Order, 1978, which was brought into effect upon independence, provides for the
protection of the fundamental human rights and freedoms
of all Saint Lucian
citizens without discrimination. The welfare of the children of this nation is
therein implicitly assured, and
a commitment expressed to recognize and ensure
the enjoyment of those rights by children.
I. GENERAL MEASURES OF IMPLEMENTATION
A. Measures taken to implement the provisions of the
Convention (Article 4)
1. Harmonization of national laws and policies
with
the provisions of the Convention
- A
review of local legislation with respect to the rights of the child was
conducted by Dr. Rosemary B. Antoine under the study: “The
Rights of
the Child: A look At the Local Legislation in Comparison with the UN Convention
on the Rights of the Child” (1992).
The research examined the range of
statutes, which dealt with children, and sought to identify those gaps and
deficiencies within
the existing legislation.
- The
ensuing recommendations which were made for enabling Saint Lucia to reach
compliance with the Convention included the following:
- The amendment of
the St. Lucia Civil Code to provide for eighteen (18) years as the age of
majority, and hence the definition of a
child as all persons under the age of
eighteen except where, for the purpose of criminal responsibility it is
differently defined;
- The
establishment of broad aims and rights which specifies standard and provisions
that may be applied beyond judicial proceedings
in securing the best interest of
the child;
- Incorporation of
provisions within the Children and Young Person’s Act with respect to the
responsibilities of parents and guardians;
- The amendment of
the Criminal Code to legislate against abandonment, exposure to harm and other
such acts against all children;
- An amendment of
the Children and Young Persons Act to allow for the retaining of contact by
parents or guardians with children who
are separated from them;
- An amendment of
the Criminal Code to prevent the illicit transfer and non-return of
children;
- The creation of
specific legislation which promotes child care facilities and facilitates access
to these services by working
mothers;
- An amendment to
include mental abuse of the child within the existing local law;
- Legislative
amendment of the Adoption Ordinance to recognize inter-country adoption as an
alternative means of child care;
- The creation of
legislation to address issues relating to refugee children, children with
disabilities, the special health care needs
of the child, the use of children in
drug trafficking, and the right of the child to social security;
- The amendment of
the Criminal Code to make it gender neutral so that equal protection is afforded
to the male child in respect of
sexual offences, (so that sexual intercourse
with male children is prohibited; indecent acts with male children is prohibited
as
well male prostitution); and the abduction, sale and trafficking of all
children is prohibited;
- The amendment of
the Criminal Code to exclude children from being imprisoned
for life.
- The
recommendations of this 1992 report have been widely circulated within and
across government ministries and are also known by
the non-governmental
organizations (NGOs). Further to this assessment being completed several
efforts have also been made to incorporate
some of these changes legally,
administratively and at practice levels. Additionally, there have been some
initiatives taken to
advocate for the promotion of further legislative reforms
that will enhance the rights and well being of children.
- Some
legislative measures of significance which have been implemented following the
ratification of the Convention are:
- The Family Court
Act, 1994;
- The Domestic
Violence Act, 1995;
- The Attachment
of Earnings Act, 1996.
2. National or local mechanisms for coordinating policies
related
to children and for monitoring the Convention
- The
responsibility for matters affecting children of Saint Lucia is dispersed among
several ministries, namely: Ministry of Health,
Human Services and Family
Affairs; Ministry of Education Human Resource Development Youth and Sports;
Ministry of Home Affairs and
Gender relations and the Ministry of Social
Transformation, Culture and Local Government. Whilst these ministries and
departments
pursue the development of individual sector policies, it is
against a background of intensive inter-sectoral participation and collaboration
that their policies/plans are developed and programmes for children are
implemented.
- In
1991 a Committee was established (comprising representatives of the education
sector, the social services sector, Ministry of Planning
and Saint Lucia Save
the Children (LUSAVE), a non-governmental organization), to develop a
National Plan of Action for the Survival,
Protection and Development of
Children.
- With
the ratification of the Convention occurring shortly thereafter the World
Summit, the referenced committee incorporated within
its terms of reference the
Convention, and responsibility for the monitoring of the Convention became a
mandate which has been traditionally
held by the Social Planning and Development
Unit of the Ministry of Planning, until recently relocated within the Economic
Planning
and policy Unit in the Ministry of Finance, International Financial
Services and Economic Affairs. The unit’s assumption of
responsibility
for the execution of this task has been maintained, within the context of this
unit having responsibility for technical
assistance and resource mobilization
from external funders, and for monitoring the implementation of International
Conventions within
the broader framework of national population and development
goals.
B. Measures taken to promote public awareness of the
principles
and provisions of the Convention (Article 42)
- Following
the ratification of the Convention, several efforts were initiated to mobilize
an advocacy committee whose role would be
to lead in efforts directed towards
the dissemination of information regarding the provisions of the
Convention. Pamphlets distribution, media talk shows participation,
training of professionals and para-professionals in child rights,
circulation and distribution of copies of the Convention were the
basis of many
of the public awareness promotional efforts carried out by the Saint Lucia
Advocacy Committee. Throughout the past
decade, the momentum of this committee
has slowed considerably, and hence interventions to promote the rights of the
child have become
strategic efforts located within the individual Ministries
with some elements of inter-ministerial cooperation. These efforts have
included National Exhibitions promoting Child Rights in 2001, 2002, and training
of media personnel.
- In
November of 2002, Saint Lucia joined several of the other countries of the world
and launched the “Global Movement for Children”,
which subsequently
gave birth to the Saint Lucian Chapter of the Global Movement for Children.
This initiative, spearheaded by an
intersectoral committee represents the most
significant effort of the current decade, to revitalize the Child Rights
Advocacy Movement
in Saint Lucia.
C. Measures taken or to be taken to circulate the report
(Articles 44-46)
- The
Government has indicated that it is fully committed to a participatory and
transparent process in the preparation of the report
and in making the
final report accessible to the public of Saint Lucia. Hence a committee
comprising representatives across those
Ministries with a mandate for children
services and programming, as well as from NonGovernmental Organizations, was
established to
support the preparation of the document and to provide
feedback and inputs into the draft document prior to the finalization of the
report. The inputs from children who participated in a
Children’s Forum in preparation for the 2002 Special Session to
review
the implementation of the Convention were also reflected in this
report.
- Copies
of the report will be available to public library and information centers,
sector agencies, Ministries and the National Youth
Council. The publication of
this report is also scheduled to coincide within the national designation of
2003-2004 as “The
Year of the Child”. It is envisaged that this
national focus on children will provide the backdrop for further engaging the
public, in discussions using the media, regarding the progress Saint Lucia has
made in implementing the provisions of the Convention.
D. Summary
- Since
ratification of the Convention, Saint Lucia has initiated several processes
towards reviewing existing legislation, but has
been slow in enacting amendments
and new laws, to come into compliance with the Convention. The status of
actions to date becomes
apparent when the recommendations of the report
conducted by Antoine (1992) are re-examined.
- An
assessment of the promotion of Child Rights in Saint Lucia suggests that whereas
initially there had been a Committee established
with the expressed interest and
role of promoting the Rights of the Child, the vibrancy of this committee has
declined over the years.
Yet to a large extent the child has gradually become
more visible and audible within the society, and increased representation of
children and youth has been endorsed at all levels within society, and has been
secured via the National Youth Policy.
- Despite
this progress, efforts to address the legislative gaps and deficiencies, and to
expand service delivery to children while
consistently promoting child rights in
Saint Lucia, must be accelerated in this second decade.
II. DEFINITION OF THE CHILD (Article 1)
A. Definition of the child in legislation
- Within
the laws of Saint Lucia, there is no one singular, consistent definition of
child that is applied across all circumstances.
Hence, the application of the
term “child” in the legislation is varied, and the definitions for
several purposes albeit
within the same piece of legislation may make reference
to specific ages.
- Whereas
the Children and Young Persons Act No. 11 of 1972 defines a child as “a
person under the age of twelve years”,
within the same legislation
reference is made to a “juvenile” as “a person under the age
of sixteen years”,
and to a “young person as a person who has
attained the age of twelve years and is under the age of sixteen
years.”
- More
recent legislation such as the Domestic Violence Act of 1995, in making
provision for the protection of children in the household,
again uses age as a
defining variable. Hence, a child for such purposes of this Act is defined
as one who is eighteen years and
under.
- Following,
is further discussion on definitions of the child as referenced within other
specific legislation.
B. Age of majority
- In
1988, an amendment was made to the Civil Code of Saint Lucia, in which the age
of majority was reduced, from twenty-one years to
eighteen years, and hence the
stipulation that a person remained in the minority until he attained the age of
eighteen years.
- The
age of majority in Saint Lucia is significant in that it confers upon an
individual specific privilege including the right to
vote, the opportunity to
obtain legal authorization to hold a driver’s license, and permission to
consume alcohol and or other
controlled substances.
C. Age of criminal and civil responsibility
- The
Children and Young Person’s Act of 1972, makes provision for a definite
age of criminal accountability in that “it
shall be conclusively presumed
that no child under the age of twelve years can be guilty of any
offense.”
- However,
the Criminal Code offers a different stipulation, providing that “nothing
is a crime which is done by a person under
eight years of age.”
D. A juvenile
- The
Children and Young Persons Act, No. 11 of 1972 defines a juvenile as “a
person under the age of sixteen years”.
E. Compulsory education
- The
Education Act, No. 41 of 1999 makes provision for the promotion of universal
access to primary and secondary education services to children between
the ages
of five to fifteen years.
F. Age of employment: part-time and full-time
- The
Employment of Women, Young Persons and Children ordinance (Cap. 100) references
a child as a person under the age of fourteen
years. Within the public sector
however, eighteen is the minimum age that has been established for a person to
be eligible to engage
in full-time and part-time employment. In the private
sector a person may be employed once he or she has attained sixteen years.
Hence, this provision does not conflict with the compulsory school age
established within the Education Act of 1999.
G. Age for child maintenance
- For
purposes of determining a person’s eligibility to receive maintenance, the
Affiliation Ordinance, No. 17 of 1996 defines
a child as one less than
sixteen years old. A Maintenance Order therefore ceases with effect once
the child attains the age of sixteen.
In practice however, there are some
parents who may be persuaded to continue their contributions towards the child,
especially where
the child is pursuing an education.
H. Age for adoption
- The
adoption Ordinance of 1954 makes provision for then adoption of an
“Infant” who is defined as a person less than eighteen
years of age,
who is not or has not been married.
I. Age of marriage
- The
Laws of Saint Lucia require that a person under the age of sixteen may marry
with parental consent and that a person eighteen
years may marry without
parental consent. In a quantitative survey conducted in 2000 funded by UNICEF
on the Rights of the Child
in Saint Lucia, 75% of the sample surveyed
indicated that the minimum Age for marriage should be the same as for adulthood,
irrespective
of gender or religion concerns.
J. Age for voluntary enlistment into the armed forces
- A
person may join the Saint Lucia Royal Police Force once the have attained the
age of eighteen years.
K. Age for legal and medical counseling without parental
consent
- Medical
services without parental consent may be offered to a child who attains the age
of sixteen (16) years.
L. Age for the purposes of citizenship
- An
individual eighteen (18) years old and over may make an application
independently for citizenship.
M. Summary
- The
above discussion clearly indicates that various ages are applied in context and
in law to define a child in Saint Lucia. For
purposes of criminal
responsibility a child is a person twelve years and over, but that child even
though he may be deprived of his
liberty at twelve, may not be imprisoned prior
to attaining the age of sixteen years.
- In
some instances, the legislative provisions for the treatment of those persons
between the ages of sixteen and eighteen years is
unspecified resulting in such
persons usually being treated as having full responsibility for their
actions.
- More
recent legislation such as the Domestic Violence Summary Proceedings Act, which
provides for the protection of children affected
by domestic violence and
related matters has moved closer to reaching compliance with the CRC definition
of the child through its
inclusive definition of the child as a person under
eighteen years.
III. GENERAL PRINCIPLES
A. Non-discrimination (Article 2)
- The
Saint Lucia Constitution Order of 1978 establishes in its preamble the belief
“that all persons have been endowed equally by God with unalienable rights
and dignity” and further details the rights, freedoms and protection
accorded to its’ citizens and the remedies for recourse
if any violations
of these rights occur.
- Whereas
the Constitution does not make specific reference or mention of children, it is
assumed that children are included in the generic group of citizens
of the State
and are therefore implicitly entitled to the same rights, freedoms and
protection from discrimination within the State.
- Section
13 (3) of the Constitution defines the term “discriminatory” as
follows:
“affording different treatment to different persons
attributable wholly or mainly to their respective descriptions by sex, race,
place of origin, political opinions, colour, or creed whereby persons of one
such description are subjected to disabilities or restrictions
to which persons
of another description are not made subject or are accorded privileges or
advantages which are not accorded to persons
of another such
description.”
- Section
9 (1) also provides that “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 or her religion or belief and
freedom, either alone or in community
with others ... ”
- The
Office of Parliamentary Commissioner or Ombudsman is one such administrative
measure established by Constitution to ensure the protection of Constitutional
and civil rights. The Commissioner is imbued with specific powers to
investigate complaints
about injustices and mal-administration from aggrieved
persons, to report, criticize and recommend corrective actions.
B. Best interest of the child (Article 3)
- The
principle of best interests of the child is stated within the laws of Saint
Lucia and also implicitly applied administratively
in the execution of several
statutes and laws that relate to the life, liberty, care and safety of a
child.
- Reference
is made below to some of the provisions in the Acts which seek to place the
welfare of the child as paramount, and in doing
so requires that the principle
of best interest be applied in all judicial and administrative
deliberations.
- The
Children and Young Persons Act, 1972 makes provision for the care, supervision
and protection of children and young persons who
are in vulnerable situations
and at the risk of cruelty, being abused, neglected and abandoned by persons
having custody, responsibility
for the safety and well being of a child.
- Under
(23)-8 of the Children and Young Persons Act, Procedures to be applied in
Juvenile Courts, specific mention is made of the principle
of “best
interest”, and the process through which such a determination may be made.
It states that:
“Before deciding how to deal with him the
court shall obtain such information as to his general conduct, home
surroundings,
school record, and medical history, as may enable it to deal with
the case in the best interests of the child or young person and
may put to him
any question arising out of such information.”
- In
setting out the provisions relating to how the court may reach a determination
with regard to committal of a juvenile under the
care of a fit person, the
Children and Young Persons Act 18 (1) specifies that:
“Where
under section (9) a juvenile is brought before a juvenile court or where a
juvenile has been convicted of any offence
and the court is satisfied that it is
in the best interests and welfare of the juvenile to make an order committing
him to the care
of a fit person and ascertains on inquiry that such persons is
available and willing to undertake the care of the juvenile, the court
shall
have the power to summon such fit person before it for the purpose of examining
such as to his fitness to being appointed.”
- The
Adoption Ordinance of 1954 similarly provides under 7 (b)
that:
“the Court prior to making an Adoption Order shall be
satisfied 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 infant.”
In instances of existing de facto adoptions, at the commencement of the
Adoption Ordinance in 1954, the drafters carefully attempted
to ensure the
protection of all children and that the principle of best interest of the child
could be applied through the provision
that allowed for the court to make an
adoption order “... upon being satisfied that in all the circumstances of
the case, it
is just and equitable and for the welfare of the infant ... that an
Adoption Order should be made.”
- This
Adoption Ordinance allows for the appointment of a tutor of the infant to be
appointed, whose duties include the conduct of an
independent investigation into
the matter, and making of such recommendations which safeguards the interest of
the child before the
court.
- The
Division of Human Services and Family Affairs also administratively support the
application of this principle of best interests
of the child. Social workers
are co-opted by the appointed tutors within the Office of the Attorney, to
prepare home study reports
and submit psychosocial inquiry reports on the
families, which are used to guide the court in its deliberations.
- Saint
Lucia has completed a review of its Criminal Code in 2002 and has recently
commenced the review of the Civil Code. During this
process, it is anticipated
that all legislation regarding children will be considerably revised and the
principle of best interests
would be reflected in the provisions.
C. The right to life, survival and development (Article
6)
- The
Saint Lucia Constitution Order of 1978, Chapter 1, Section 1-2, encapsulates
among the fundamental rights and freedoms, the right to “Life, liberty,
security of the person, equality before the law and the protection of the
law.” Furthermore, it states that:
“A person shall not
be deprived of his life intentionally save in execution of the sentence of the
court in respect of a criminal
offence under any law of which he has been
convicted.”
- In
addition to the protection offered under the Constitution, the Criminal Code
(Chapter 250; sections 118-119) expressly prohibits abortion and enters
such as an offense to cause harm to a
living child during birth, or to abandon
any child under the age of five years, or to expose such children under the age
of seven
years to abandonment or such actions that would result in grievous
bodily harm.
- Protection
of children’s right to life, survival and development is further provided
for within the Children and Young Persons
Act of 1972, in the provisions, which
seek to safeguard children against injury, and cruelty.
- Section
5 (1) of this 1972 Act defines as an offence situations whereby “any
person having the custody, charge, care of a juvenile
wilfully assaults,
ill-treat, neglect, abandon such juvenile, or expose such juvenile, cause or
procure him to be assaulted, ill-treated,
neglected abandoned or exposed in a
manner likely to cause that juvenile unnecessary suffering or injury of health,
(including loss
of sight, hearing, limbs or other organ, or mental
derangement).”
- Several
circumstances are outlined in Part II Section 5 (2) of the previously referenced
Act, under which intent to harm a child may
be deemed or presumed. These are as
follows:
(a) A parent or guardian or other person having the
custody, charge or care of any juvenile shall be deemed to have neglected him
in
a manner likely to cause injury to his health, if, being able to do so, such
parent or guardian or other person fails to provide
adequate food, clothing,
rest, medical aid, lodging for him;
(b) Where it is proved that the death of an infant under three years of age
was caused by suffocation (not being suffocation caused
by disease or the
presence of any foreign body in the throat or air passage of the infant) while
the infant was on a bed with some
other person who has attained the age of
eighteen years and who at the time was under the influence of drink or any drug,
then that
other person shall be deemed to have neglected the infant in a manner
likely to cause injury to the infant’s health;
(c) Any person having attained the age of eighteen years, who gives, or
causes to be given, to any child under the age of twelve
years any intoxicating
liquor except upon the order of a duly qualified medical practitioner, or in the
case of sickness, apprehended
sickness, or other urgent cause, shall be deemed
to have ill-treated that child in a manner likely to cause injury to the
child’s
health;
(d) Any person, having the custody, charge or care of any child under the
age of seven years, who allows that child to be in any
room or yard containing a
stove, cooker, coal-pot, or open fire-place, not sufficiently protected to guard
against risk of that child
being burnt or scalded, without taking reasonable
precautions against the risk, and by reason thereof that child is killed or
suffers
injury, shall be deemed to have neglected that child in a manner likely
to cause injury to that child’s health.
- This
section on stipulating the circumstances under which a person may be tried and
convicted of an offence for infanticide or manslaughter
of a juvenile of whom he
had the custody, charge or care, proceeds further to specify penalties which may
be imposed. In specifying
sanctions, this Act implicitly gives recognition to
the value of a child’s life and establishes the state’s commitment
to the inherent right of the child to survival and life.
- Proposed
changes in the revised draft of the Criminal Code seek to provide for the
protection of persons from wilful and indiscriminate
acts by persons affected by
HIV/AIDS who spread the virus.
- Within
Saint Lucia, a child’s right to survival and development is the
cornerstone principle upon which the primary health care
is premised, and
policies and interventions developed, particularly in the areas of maternal
health, paediatric care, and early childhood
education and development services.
Emphasis is given therefore not only to supporting healthy births through an
aggressive prenatal
program, but also to promoting healthy growth and
development. This is accomplished through breast feeding initiatives, delivery
of comprehensive immunization coverage, promotion of positive parenting and
learning experiences as well as through active and careful
monitoring of growth
and development based upon established milestones.
- Further
details on interventions in health and early childhood education and development
services are discussed in subsequent sections.
D. Respect for the views of the child (Article 12)
- The
Children and Young Persons Act, 1972, makes provision for the right of the child
to be heard in any judicial and administrative
proceedings affecting the child.
Under 23 (3-8) caption ‘Procedure in Juvenile Courts’, the juvenile
is allowed to ask
questions and to present any statement in his defense and in
“extenuation or mitigation of the penalty or otherwise.”
- The
Adoption Ordinance also recognizes this principle, and likewise specifies that,
in deliberating an application for an Adoption
Order, due consideration will be
given to the “wishes of the infant, having regard to the age and
understanding of the infant.”
Such provisions are consistent with the
broader principle of and right to freedom of expression, to which a child as an
equal citizen
of Saint Lucia is entitled under the Constitution of Saint
Lucia.
- The
Education Act of Saint Lucia also facilitates application of the principle of
respect for the child’s views. Provision is made so that a
child has a
right to a suspension hearing. Additionally, administrative approval has
emerged for the establishment of Student councils,
Young leaders clubs and peer
counseling groups, whose mission and activities in some way incorporates the
promotion of self-expression
and advocacy of the rights of the child.
- Protection
of freedom of conscience, freedom of expression, assembly and association are
among the fundamental rights accorded to
a citizen of Saint Lucia. However,
section 9 (2) makes an exceptional provision regarding the child’s right
to an opinion on the issue of religion. It states that “except
with his
own consent (or, if he is a person under the age of eighteen years (presumably a
child) the consent of his guardian) a person
attending any place of education,
detained in any prison or corrective institution or serving in a naval, military
or air force shall
not be required to receive religious instruction or take part
in any religious ceremony or observance if that instruction, ceremony
or
observance relates to a religion which is not his own.”
- Increasingly
as the right of the child to express his or her view is promoted in
Saint Lucia, the issue of reciprocal opportunity
in the exchange of views
and the context of expression emerges. On an interpersonal level, some parents
and some adults have interpreted
the child’s right to articulate a view as
a challenge to their authority, and to be in direct conflict with traditional
perspectives
held by many, that a child should be seen and not heard. Such a
view is located within cultural experiences and based upon a belief
by some that
once the child exists in a relationship of dependency upon the adult, an opinion
should not be required and in fact
neither entertained nor respected.
- Advocacy
efforts, education and public awareness of the CRC has resulted in some key,
positive gains in this area. Parenting programs
have been encouraging the
adoption of such communication models and practices that reflect respect for the
child’s views, and
professionals working with children have been
incorporating within their administrative processes, interactions that model a
respect
for the child’s view. While this progress is being achieved, some
adults within the community have issued repetitive cautions
that there is also
the need for children to be taught the responsibility of appropriate and
respectful expression of their views.
E. Summary
- The
participatory approach to learning, planning and design of interventions, as
well as emphasis upon targeted stakeholder consultation,
has served to
legitimize a more active discourse between adults and children, to encourage
children to express their views, and to
generate an increased respect nationally
for the voices and views of children.
- The
application of principles of non-discrimination, best interest of children and
an increasing willingness to explore the value
to be added nationally, through
the active participation of children are some of positive developments
characteristic of the Saint
Lucian society.
IV. CIVIL RIGHTS AND FREEDOMS
A. The right to a name and nationality (Articles 7 and
8)
- The
laws of Saint Lucia allow for citizens to have the basic right of a name and
nationality. Provisions are made under the Civil
Status (Births and Deaths
Registration) for citizens to register births and deaths, within stipulated
timeframes and administrative
systems within hospital settings are designed to
support this registration process.
- A
child is given the opportunity to be identified with his or her parents through
the last name. Whereas a child who is adopted is
given the right on
finalization to assume the last name of the adoptive parent(s), the distinction
between legitimate and illegitimate
children within the Saint Lucian Civil Code
and family law does not provide for equal status and treatment of children. A
child
may carry the father’s name provided upon application for
registration the father gives consent to have his name registered
on the birth
documents, in instances where the infant is born out of wedlock.
B. Freedom of expression (Article 13)
- The
Saint Lucia Constitution Order guarantees a child as a citizen the right to
freedom of expression. Section 10 (1) of Chapter 1
specifies:
“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 receive ideas and information
without interference, freedom to communicate ideas
and information without
interference ...”
- Several
opportunities have been created to allow for the Saint Lucian child to express
himself freely. These include participation
in arts and cultural competitions,
youth rallies, hosting and participation in mass-media programs, and children
developing television
programmes for children.
- The
National Youth Policy for Saint Lucia also reflects the commitment of the
country towards facilitating and ensuring the active
expression of the views of
children.
C. Access to appropriate information (Article 17)
- Whilst
there is no legislation that directly stipulates the responsibility of the mass
media to provide access to or information to
children, the right to freedom of
expression is guaranteed to every individual including children.
- Several
local television and radio broadcasts are now aimed at a child/youth audience,
and local newspapers occasionally carry pages
designed specifically for
children. The majority of local television programming however originates from
the Unites States and is
imported via satellite and cable networks. This
generous access has created some concerns with regard to the quality of
information
to which children have unlimited access, particularly against
concerns of the harsh diet of violence, and explicit sex to which they
are
easily exposed to on cable television. Increased access to information using
the Internet has also generated similar concerns,
with particular emphasis upon
the rapid pace at which children access every new technology.
- The
Ministry of Education through its monitoring of school based curriculum and its
management of public library services has some
responsibility and input in
making appropriate information accessible to children. Public Library Services
are free for all users,
and most schools have established libraries stocking
age-specific books for students. The Library Services Department seeks to
provide
information and to develop programs that will empower citizens
with lifelong skills for improved performance in all areas. This
information is available in books, periodicals, audio-visual materials,
internet
services and some services to the blind and visually impaired.
- Other
interventions have emerged within the media of Saint Lucia to provide access to
information for children. One such programme
is “SAFE”, which is a
progression of interactive radio programming geared specifically to youth. The
programme is targeted
to educate, inform, inspire and entertain youth ages
13-30. This programme promotes through discussion and awareness of various
current affairs issues affecting children and youth, and showcases the
activities of youth and youth organizations, particularly
highlighting their
positive contributions to nation-building. SAFE also seeks to provide
opportunities for youth to express their
views, and serves as a training ground
for future young journalists and broadcasters by giving them opportunities to
learn media
skills. KIDDIECREW.com is a television programme for children,
produced by children, aged 7-13 years, and is another media initiative,
which
seeks to positively impact on children.
D. Freedom of thought, conscience and religion (Article
14)
- The
Constitution Order of Saint Lucia 1978, in its preamble recognizes that the
enjoyment of the inalienable rights and dignity of the people of Saint
Lucia
must be premised “... upon certain fundamental freedoms including freedom
of the person, of thought, of expression, of
communication, of conscience and of
association.”
- The
Constitution further provides under Chapter 1, section 9 (1)
that:
“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.”
- The
rights of a person under eighteen years who is attending an educational
institution, detained in any prison or corrective institution
are also protected
within the Constitution in that that person “shall not be required to
receive religious instruction or take part or attend any religious ceremony or
observance if that religious ceremony or observance relates to a religion which
is not his own.” This stipulation also provides
for the consent of the
parent or guardian of persons under eighteen to be sought on this matter.
- Under
the Children and Young Persons Act, 1972 (18) specific provisions relating to
committal of a juvenile to the care a fit person,
are made which require that
attention is given to the right of the child to freedom of religion.
- The
Act states that: “A court before making an order under this Act committing
a juvenile to the care of a fit person shall
endeavor to ascertain the religious
persuasion of the juvenile and shall, wherever possible in making such order
take into consideration
such religious persuasion.”
- Whereas,
the principle of respect for thought, conscience and religion of children is
constitutionally approved, and embodied in the
laws, the caveat “wherever
possible” recognizes that there may be circumstantial inconsistencies in
the administrative
application of the law. This is certainly true in instances
of foster care and adoptive placements where frequently the situation
is urgent
and the priority goal is simply to identify a suitable caregiver as a fit
person. The family-to-family matching process
in such emergencies does not
always give high weighting or primary consideration as to whether the foster
parent share the same religious
persuasion of the child.
- There
are other instances, which may be cited of disjoint, and of challenges requiring
resolution between the provisions and application
of the law. For example, the
development of an increase in the number of children of the Rastafarian movement
attending school in
locks, initially posed a challenge to the education
administrators. The debate which raged on this issue required some
determination
as to whether the wearing of locks and of a hair covering, should
be construed as an issue of “indiscipline”, with an
interpretation
of parental/child disrespect for the school rules, or treated as a matter
arising out of diverse religious practices.
A policy subsequently emerged
bringing to some closure this issue, and it is now accepted that children of
Rastafarian faith are
allowed to wear their locks in schools. In doing so this
resolution upheld the constitutional provisions which allows for respect
for
diversity, and the stipulation that one should not be discriminated against on
the basis of their religion, or religious practices.
E. Freedom of association and of peaceful assembly (Article
15)
- The
right to freedom of association and peaceful assembly is guaranteed under the
Saint Lucia Constitution Order for all persons and is stated as
follows:
“Except with his own consent, 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 to associate with other persons and in
particular to form or belong to trade unions or
other associations for the
protection of his interests or to form or belong to political parties or other
political associations.”
- Children
in Saint Lucia have undoubtedly therefore been guaranteed this right to
association and peaceful assembly under the Constitution. This right has been
actively translated and facilitated through the formation and participation of
children in several community
based youth groups, social clubs, sports
activities and associations, educational groups, recreational and religious
clubs or voluntary
organizations.
F. Protection of privacy (Article 16)
- Chapter
I (c) of the Constitution of Saint Lucia make provision for the protection of
every citizen for “his family life, his personal privacy, the privacy of
his home and other property ...”. Furthermore, 10 (1) (b) of the
same Order acknowledges the responsibility under the law
to protect the
reputations, rights and freedoms of other persons, to protect the privacy of
persons involved in legal proceedings
and to prohibit disclosure of confidential
information.
- It
can be therefore be inferred that this provision though not expressly stated is
applicable to preserving the privacy of the child.
- The
Children and Young Persons Act 1972, (Part VII 27(1), Part III 13 (1) and the
Criminal Code (section 1105) does speak more decisively
to the protection of the
privacy of a juvenile. Under sections “Establishment of Juvenile
Courts” and “Evidence
and Procedure” of the Children and Young
Persons Act, provisions are made that for the exclusion of the public from the
courts.
This Act further states that, in “any proceedings in relation to
an offence against, or any conduct contrary to, decency or
morality a person
who, in the opinion of the court is a juvenile is called as a witness, the court
may direct that all or any persons,
not being members or officers of the court
or parties to the case, their counsel or solicitors, or persons otherwise
directly concerned
in the case be excluded from the court during the taking of
the evidence of that witness.”
- Respect
for the privacy of the child is facilitated in other instances through this Act
which also disallows “any child, other
than an infant in arms from being
present in court during the trial of any other person charged with an offence or
during any proceedings
thereto, except during such time as his presence is
required as a witness or otherwise for the purpose of justice.”
- In
upholding the welfare of the child as paramount, and providing for court
officers to execute this responsibility to ensure the
protection of children,
the same Act allows for police officers to disregard Constitutional boundaries
regarding privacy and “to
enter if need be by force any house, building or
other place specified in the warrant” in order to remove a child to
safety.
- The
legislation governing postal services also preserves the integrity of the
individual’s privacy by disallowing any other
person who is not employed
in the postal service from interfering in correspondence of an individual
without authorization. However,
there is no specific provision, which prohibits
a parent or guardian from viewing correspondence of children under their
care.
G. Protection from torture, or other cruel inhumane
or
degrading treatment or punishment (Article 37)
- Sections
4 of the Saint Lucia Constitution Order provides for the protection of its
citizens from being held in slavery or servitude, or being required to perform
forced labour.
- Immediately
following this protection is the stipulation under Section 5, that “no
person shall be subjected to torture or to
inhumane or degrading punishment or
other treatment.”
- Since
a child is recognized as a person under the Constitution Order, the above
protections are applicable to children. However, it should be noted that there
are other operational pieces of
legislation that legitimize and allow for acts
to be committed, acts, which when considered against instruments of
International
Standards may render an appropriate categorization of them, as
forms of cruelty, torture or degrading
punishment.
- A
study conducted by UNICEF on Child Rights in Saint Lucia (2000), produced a
finding which indicated that the method of discipline
of children that was most
favoured by the respondents (59%) was corporal punishment. Whilst this result
was marginally higher among
lower socio-economic respondents and males, the
overall findings suggested that there was a general view held that corporal
punishment
was indeed acceptable, provided that in the administration it did not
constitute abuse, or was considered the first or the only option.
- The
Education Act, an act governing children ages five to fifteen makes provisions
that degrading or injurious punishment should not be administered
in schools.
However, the act states that “corporal punishment may be administered
where there is no other punishment suitable
or effective....” by specific
staff delegated authority and within specified guidelines issued in writing by
the Chief Education
Officer. Despite some infrequent discussion regarding the
use of corporal punishment in schools, the practice remains prevalent
in
schools.
- It
should be also be noted that The Children and Young persons Act of 1972,
expressly legitimizes the right of “any parent,
teacher or other person
having the lawful control or charge of a juvenile to administer reasonable
punishment to him.”
- Within
this same Act, provisions are stipulated in Part V 21 (2) for the committal of a
young person to a prison, under circumstances
where he “is of so depraved
a character that he is not a fit person to be so detained; and where the
commitment so certifies
... ”
H. Summary
- The
laws of Saint Lucia generally provide for children to enjoy the expressed civil
rights and freedoms articulated within the Convention.
However, they fall short
in making specific provisions under access to appropriate information beyond the
Education Act, which incorporates the area of library services.
- Corporal
punishment from both anecdotal evidence and research findings remains a highly
favoured method of discipline and is legitimized
within the legislation that
predates and postdates the Convention on the Rights of the Child. In fact,
many young male adults can
reflect today upon previous years in Saint Lucia,
when there was in existence an active post of “cane-master”, and the
specific duties he held at a leading educational institution.
- It
is in the context of greater child abuse awareness and in the face of increasing
reports of violence within the society, that there
has been a call for policy
makers to challenge their childhood and socialization experiences and to
initiate an examination of the
linkages between corporal punishment and
consequent childhood and societal violence.
- Against
a wide definition of cruel and inhumane punishment, the law when examined
appears to have institutionalized protection against
such punishment for
children, in that provision is also made that a person under the age of eighteen
may not be sentenced for the
offence of murder, but can be sent to life
imprisonment.
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
A. Parental guidance and responsibilities (Articles 5 and 18
(1 and 2))
- The
Children and Young Persons Act 1972, while not prescriptive and expressly
stating how parents should apply control and guidance
over their children, makes
several references to the responsibility of the parent “to exercise proper
care and guardianship”
“to provide consent,” “to be
present at judicial hearings,” and to “enter recognizance for the
good
behavior of a juvenile offender.’’
- In
outlining such responsibilities, the aforementioned Act infers a residual role
of the State and places primary responsibility for
care and guidance upon the
parents. The duty of the parent as the primary provider is also incorporated
within this Act under the
stipulation that parents, (including father, adopted
father or step-mother, mother, adopted mother or step-mother) may be required
to
contribute towards the care and maintenance of a juvenile, if he is placed under
the care of a fit person.
- An
important feature of the Adoption Ordinance is the implicit relationship between
responsible parenting and an authority to have
one’s views considered in
decision-making regarding a child. Consequentially, insignificance is accorded
to the views or rights
of a parent who has been irresponsible towards a child.
The specific provision allows for the state to dispense with the consent
of any
parent or tutor of the infant in circumstances where the court is satisfied that
the parent or tutor has abandoned, neglected
or persistently neglected the
infant.
- In
defining the acts of cruelty and neglect from which a child should be protected,
the Children and Young Persons Act references
that it is the responsibility of
the parent or guardian to take reasonable precautions against risk, to provide
adequate food, clothing,
rest, medical aid and lodging for the child, and to
ensure protection against economic exploitation.
- This
primary care and protection Act posits a belief in the ability of parents to
foster positive behaviors in children and places
some responsibility upon
parents to encourage and influence “good behavior” in a child.
Hence the provision is included
that a juvenile may be released upon
recognizance being entered into by him or his parent or guardian (with or
without sureties).
- The
State also recognizes the family environment as a critical determinant in
guiding and shaping of the child’s character,
values, religious
affiliation, educational achievement, socialization and healthy development.
This appreciation can be deduced
from the consideration which the court gives
prior to any determination, to obtaining such information as to the
child’s “general
conduct, home surroundings, school record, and
medical history as may enable it to deal with the case in the best interests of
the
child.”
- The
Education Act of Saint Lucia while affirming that it is the parent’s
responsibility to ensure that the child maintains good school attendance,
also recognizes the role of the community in supporting families and children,
and in bolstering the achievement of National Development
goals and
strengthening parental efforts. Hence, provision is made in the Act for the
reporting of any absconding, truancy, or frequent
absenteeism of any child from
school.
- The
Early Childhood and Development Services Unit within the Ministry of Education
Human Resource Development Youth and Sports has
also undertaken among its
mission the goal of empowering parents and caregivers to play a dynamic role in
the holistic development
of their children. This is achieved through a targeted
emphasis upon training, parenting programs and monitoring of standards of
care.
- Similarly,
the Day Care Services Unit of the Ministry of Social Transformation,
Local Government and Culture makes available day care
services to families
as a supportive intervention to those parents who must balance their
responsibility to provide economically
against their responsibility to ensure
adequate care and safety of the child.
- It
can be inferred that in making provisions for the temporary and permanent
placement of infants, children, juveniles, and young
persons with ‘fit
persons”, the State inherently recognizes that there may be circumstances
under which a parent may
be unable, incompetent or unwilling to assume
responsibility as the primary nurturer, provider and care-giver to a child.
To accommodate
an alternative such circumstances, specific reference is
made to “fit persons” in legislation. However, the
nomenclature
of “foster parent” has increasingly been used
in Saint Lucia, since a structured foster care program was initiated
in
1997 to provide communitybased alternative care for children in need of such
protective interventions.
B. Separation from parents (Article 9)
- The
legislation for the care and protection of children in Saint Lucia implicitly
recognizes the right of the child to live with his
or her birth parents, but
makes provision for the removal of the child and placement into a new
environment with relatives, a fit
person or an institution, if the circumstances
warrant such a safety intervention.
- The
Children and Young Persons Act (1972), also establishes that it is an offence
for a person to knowingly assist or induce a juvenile
to run away from a person
to whose care he has been committed, or to harbour or conceal a juvenile who has
run away or to prevent
him from returning. Such is the value, which is placed
upon children being together with their parents or a responsible
caregiver.
- This
Act also makes stipulations regarding the specific periods and timeframes for
administrative measures that may result in the
separation of the child from
parents to remain in effect. Hence, Supervision Orders, Interim Orders, periods
for detention and continued
detention and for the committal of juveniles are
provided for within specified periods. In doing so, the Act embodies the
principle
of judicial review, and provides opportunity for the court to take
into account any changes in the circumstances of the child or
family prior to
such orders being vacated, revoked, or varied.
- The
Civil Code of Saint Lucia 1957, of the Revised Laws makes a provision for
Separation from Bed and Board. This provision allows
for the legal separation
of parties to a marriage by which parties are forbidden to live together, and
stipulates that the custody
of the minor remains the domain of the father.
- Section
168, reads “The provisional care of the children remains with the father,
whether plaintiff or defendant, unless the
Court or Judge orders otherwise for
the greater advantage of the children”. Whilst it can be assumed that the
“greater
advantage of the children” is equated to the principle of
best interests of the child, the awarding of custody without required
consideration as to the moral, intellectual, material or emotional needs as well
as the age, health, personality of the child, and
other issues, raises
speculation that the children were considered to be part of the property of the
father.
- Furthermore,
this provision drafted in 1957, but reexamined now, can perhaps be explained as
reflecting a patriarchal view, or the
dominant paradigm of that period. Hence,
not only does it suggest a disregard for the views of the child, but
appears to be gender
discriminatory in that it excludes the rights of the mother
when determining the issue of separation from one parent.
- Permanent
legal transfer of a child and parental responsibility from one family to another
is provided for within the Adoption Ordinance
of 1954. Prior to reaching this
decision however, the court requires the “consent of every person who is a
parent or tutor
of the infant or who is liable by virtue of any order or
agreement to contribute to the maintenance of the infant.”
- This
Adoption Ordinance that allows for the permanent separation also provides that
the Court can dispense with any consent if it
is satisfied that the parent or
tutor of the infant has abandoned, neglected, or persistently ill-treated the
child. The Ordinance
seeks to ensure that both the child (with due regard to
age and maturity) and the consenting parents are advised and fully cognizant
of
the finality of the adoption process.
- Under
the Domestic Violence (Summary Proceedings) Act, 1994, provision is made for the
Court to make an occupation order for the removal
of the parent or spouse who is
the perpetrator, from the household or family home. Such an order for
separation provides an alternative
to the court in decisions that would
otherwise suggest or require the removal of a child at risk from the home.
However, the occupation
order is made only if it is determined to be necessary
for the protection of the victim and to be in the best interest of a child.
- In
situations of foster care and institutional placements, administrative
procedures and policies have increasingly sought to embrace
the philosophical
rights based paradigm. In doing so, agencies have given some emphasis in
programming to their responsibility to
facilitate reasonable parental access to
the child, and have adopted an approach to encourage parents to remain actively
involved
in the child’s life while he or she is in care. This policy
seeks to promote continuous parenting, family reunification and
to counter any
potential adverse impact of the separation upon the child.
- A
vigorous policy directive focused on intensive case management both at the
levels of judicial processes and social services delivery,
are significant
developments in Saint Lucia. These initiatives can be useful in supporting the
justification for enhancing the delivery
and availability of preventive
interventions so that separation from parents is utilized as the last resort,
but also in promoting
an emphasis upon intensified permanency planning to ensure
that separation from parents is not prolonged.
C. Family reunification (Article 10)
- Whereas
no Laws in Saint Lucia makes specific reference to the term family
reunification, it is possible to infer that some provisions
when liberally
applied are in fact respectful of the goal of family reunification.
- The
Saint Lucia Constitution Order grants protection of freedom of movement to every
person to move throughout Saint Lucia. It also prohibits their expulsion
from
the State.
- Where
parents migrate, responsibility for family reunification is personally held.
Whilst there are some institutional provisions
that can facilitate parents to
re-initiate or maintain direct contact with their children, family reunification
across States is
subject to, and can only occur within the national and
international laws and regulations governing immigration. Within the State
Family Reunification is promoted by several institutions including the Division
of Human Services and Family Affairs, Holy Family
Children’s Home, Boys
Training Centre, Probation Services, Upton Gardens Girls Centre, the Police and
St. Lucia Save the Children
(LUSAVE).
D. Recovery of maintenance for the child (Article 27,
paragraph 4)
- The
issue of maintenance and the challenge of ensuring that fathers meet their
maintenance obligations towards their children has
been a persistent concern for
several mothers in Saint Lucia, particularly those who are unmarried
single-parent heads of households.
- Several
pieces of legislation govern the provision of maintenance in Saint Lucia. These
include the Separation and Maintenance Ordinance
of 1956, which was enacted to
“provide a summary remedy for securing maintenance from persons deserting
their wives and children”;
the Separation and Maintenance Ordinance
[Amendment] Act 1987; The Affiliation Ordinance and Attachment of Earnings
(Maintenance)
Act, 1996 No. 17.
- The
Affiliation Ordinance provides that a putative father or neglectful mother may
be ordered by the court to pay sums of maintenance
and may be liable to a
conviction and a penalty including imprisonment. The Attachment of Earnings Act
allows for maintenance to
be deducted from the salaries of delinquent fathers by
an employer on the basis of a court’s order.
- In
pursuit of maintenance arrangements unequal provisions exists for children based
upon their birth status, that is, whether they
were born in and out of
marriage. The Civil Code provides for maintenance as an obligation intrinsic to
the institution of marriage
and the Divorce Act of 1973, takes into
consideration the needs of the legitimate child to an adequate standard of
living, care and
education when deliberating upon the financial arrangements to
be instituted. The child of a marriage has redress in the High Court
when
maintenance is being pursued, whereas applications regarding illegitimate
children are confined to the Family Court or a court
of Summary Jurisdiction.
Such applicants can be awarded a limited sum of EC ($200.00) or US ($74.00)
per month per child, irrespective
of the parental income or child specific
needs.
- The
absence of reciprocal arrangements regarding the collection of maintenance has
resulted in hardship for several mothers and children
in circumstances where the
putative father migrate and reneges upon his obligation to maintain his child.
- Whereas
the Family Court provides for legal redress, the Division of Human Services and
Family Affairs makes provision for voluntary
contracting between parents for
payments of maintenance. The Division, in attempt to address this problem, has
also established
protocols through the assistance of International Social
services to locate the individual, or may use a direct appeal to the father
(if
an address is known), since there is no legal authority to facilitate
enforcement beyond the jurisdiction of the State or to
compel a father to
respond favourably to any request made on behalf of the child.
E. Children deprived of a family environment (Article
20)
- In
Saint Lucia, the category of children who are deprived of a family environment
includes orphans, children who have been placed
in foster care, or institutional
care because they have been neglected, abandoned or abused, children who
“unofficially”
live on the streets, and those incarcerated or placed
in an institution for juvenile offenders.
- Foster
care placements are used to provide the special protection for children as
referenced by the Convention, particularly those
who because of abused or
neglect are deprived of a family environment. The formal foster care system was
developed in 1997, as a
voluntary community based program regulated by the
Division of Human Services and Family Affairs. This service still remains for
the most part voluntary without any significant budgetary State allocation to
support children placed in these homes.
- There
exists one State institution to which boys in need of care and protection can be
sent. This facility, The Boys Training Center
governed by the Boys Training
Centre Statutory Rules and Orders has a mixed population, in that it also houses
those boys who have
been remanded as juvenile offenders.
- In
1996 The Roman Catholic Church established the Holy Family Children’s Home
as a humanitarian response to those children who
had been orphaned, abandoned,
neglected and in need of a family environment. This Home, owned and operated by
the church, is supported
by the community, international and local volunteers,
and also receives an annual subvention from the Government of Saint Lucia.
- The
Home has a capacity for a total of 24 children, whose age range from birth to
twelve years old. Placements into this facility
are increasingly arranged
through the Division of Human Services and Family Affairs, but as initially
done, children may be admitted
through the direct requests of parents, relatives
or the Police. Where placements are affected through the Division of Human
Services
and Family Affairs, legal authorizations for placement orders are
always requested through the Family Court. The staff of the Division
of Human
Services maintains close supervision of those children under placed under Fit
Persons Orders for Care and Protection, with
a view to promoting permanency
through family reunification, foster care placements or adoption.
- In
the absence of specific legislative provisions that sets regulations for care
planning and specifies a schedule for mandated contact
or visitation between
parents and children, such arrangements are left to be instituted by the
agencies and administrators of the
homes or institutions.
F. Adoption (Article 21)
- The
Adoption Ordinance is the principal legislation under which adoptions are
effected in Saint Lucia. It should be noted however,
that within several
families, there are children who have been raised under the knowledge that they
are “adopted”, without
a legal process having been entered to
relinquish the rights of the birth parents and to transfer the parental rights
to the child
from one family to another.
- Such
culturally accepted practices have been recognized within the Adoption
Ordinance, and hence reference is made to a de facto adoption. These
arrangements, presumably made in good faith, and, in the best interest of the
child, have frequently incurred some
problems for the “adopting
family” in instances where the biological parent returns to recover
ownership the child, once
the child has attained some level of independence or
achieved a significant developmental or educational milestone.
- Despite
the obvious pitfalls of pursuing parental responsibility outside of the
regulated framework and legal system, many adults
have continued to respond to
the needs of children for permanent care under such tenuous arrangements.
- The
Division of Human Services and Family Affairs is not an adoption agency, but act
as a facilitator of the adoption process. Increasingly
therefore, the Division
of Human Services and Family Affairs has sought to eliminate such practices as
de facto adoptions and unregulated
placements through its administrative
systems, institutional agreements and community education outreach
programs.
- Persons
wishing to adopt are now required to make an application and to be homestudied.
This screening process is highly desirable
since unlike foster care, which is
temporary, adoptive parents are committed to the child until he reaches
adulthood.
- Throughout
this process, the worker conducting the home study seeks to reach a
determination as to the capacity of the applicant to
fulfill parental
responsibilities. The procedures in screening an applicant for adoption
includes: intake, initial interviews, and
collection of documentation, home
visits and certification. Prior to any placement of a child, the adoptive
parent is required to
sign an “intent to adopt declaration”. They
are also requested to indicate reasons for their intent to adopt, to state
age
and sex preference of adoptee, to produce evidence of no criminal history, and
of physical capability to care for a child. Housing
conditions are evaluated,
and all members of the household of the applicants are interviewed
to ensure that the decision to adopt
is firmly supported by the family
unit.
- Under
the Social Services institutional arrangements, children who are abandoned at
the hospitals and in the community may placed
on social hold, pending
investigations, the making of a Fit Persons Order, and the development of
initial permanency plans.
- Once
it is has become evident and is supported that the child has been abandoned and
is in need of a placement, foster care placement
is explored as the first option
with relatives and then with non-kinship families. If an abandoned, neglected
or abused child has
been placed
within foster care for a year or more, and continuous review of the progress
towards a goal of returning the child home suggests that
the biological
parents are not planning towards reunification, then the agency may initiate
discussion with the birth parents, the
foster parents, and the child as to
whether permanency may be best achieved for this child through adoption.
- The
Division of Human Services and Family Affairs in assessing whether a permanency
goal of adoption may be in the best interests
of the child is guided by some
considerations:
(a) First, whether the parent has abandoned the
child. An absence of any interest in planning with the agency, in visitation,
or
the failure to contribute to the child’s maintenance is important
indicators, which must be corroborated in the case notes.
Additionally, if the
whereabouts of the parent remain unknown and the social worker has been unable
to locate the parent through
diligent searches over time, a discussion regarding
adoption of the child may be warranted;
(b) A parent’s progress in achieving any or all of the goals set out
in service plan agreements as a requirement prior to a
child being discharged
from care, is another factor that is considered by the Division of Human
Services and Family Affairs prior
to the agency supporting the termination of
any parental rights. This progress is again evaluated through an examination of
the
parent’s participation in counseling, compliance with drug treatment
or rehabilitation, or with any other therapeutic intervention;
(c) Where a parent has a long history of mental illness and the psychiatrist
has provided documented evidence which suggests that
the prognosis for recovery
is poor, the Division of Human Services and Family Affairs in considering long
term plans for a child
under a Fit Persons Order must evaluate such a report
against the future possibility of the parent being able to provide adequate
care
for the child.
- In
instances where the birth parents had entered a request or made a voluntary
agreement with the Division of Human services and Family
Affairs prior to the
birth of the child or at any time following birth, to have the child placed for
adoption, the administrative
process varies slightly. The issue of consents is
always explored only after the parent or parents (if the father is known) have
been continuously counseled and it has been established that adoption is not
only the best option available to the parent, but is
in the best interest of the
child. Again, every opportunity for encouraging this parent to retain parental
responsibility is explored
including an exploration of the possibility of
placement of the child with a relative.
- The
birth parents, once counseled and having consented voluntarily to an adoption
may sign preliminary adoption consent. The agency
maintains regular contact
with the expectant mother throughout her pregnancy to ensure that antenatal
visits are being made, and
reiterates to the woman that she is free to change
her mind at any point prior to an adoption being finalized. Where there are
prohibitive
socio-economic circumstances that would inhibit a mother from
accessing medical care in a pregnancy, the agency arranges for an exemption
from
medical
costs.
- Birth
parents are provided with a letter regarding the adoption of the newborn and the
mother issues this to the Hospital on admission
for delivery. Parents are also
advised that should they wish to proceed with the adoption, immediately after
birth the child would
be placed on social hold, pending the Division of Human
services and Family Affairs making an application for a Fit Persons Order,
to
legitimize the placement of the infant into a pre-adoptive home.
- A
pre-adoptive home by definition is a family who has been assessed and is
considered suitable to provide long term care to a child.
Based upon the
placement policy and procedures of the Division of Human Services, the family is
matched to meet the needs of the
child. This is crucial with respect to older
children, since failure to do so may result in mismatched placements, and
potential
breakdown in the adoption.
- The
rights of the birth parents to change their minds regarding the adoption of
their infant is respected, and even after an Interim
Care Order for
temporary placement has been made, the parents within six weeks following the
placement can indicate a wish to assume
the responsibility for parenting their
child. This procedure is consistent with the provisions of the Adoption
Ordinance in Section
6 (3) (a), which specifies that:
“A
document signifying the consent of the mother of an infant shall not be
admissible... unless- the infant is at least six
weeks old on the date of the
execution of the document”.
- The
Adoption Ordinance of Saint Lucia also provides eligibility requirements for
applicants wishing to adopt a child, and these same
requirements have been
applied as relevant in the administration of the foster care program.
- Section
3 of the Ordinance allows for persons domiciled in the State who are married to
jointly adopt a child, or for an applicant
who is the mother or father, to adopt
jointly or alone with his or her spouse.
- In
delineating age requirements, the Ordinance stipulates that an infant who is
unmarried and under the age of eighteen may be adopted.
With respect to the age
of the applicant, the Act specifies that the Court must determine that the
applicant or in the case of joint
application, one of the applicants is
twenty-five years old, or at least twenty-one years older than the infant.
Special consideration
however is given to a kinship applicant, so that a
relative of the infant need only to have attained the age of twenty-one, which
previously was also the age of majority.
- In
addition to the age specifications, other special kinship considerations and
domicile requirements, the Ordinance seeks to protect
female infants from being
adopted by a sole male applicant. Section 4 (2) provides that the approval of
such an applicant and the
making of an adoption order in this instance would
constitute “an exceptional measure’ only justifiable in special
circumstances.
- This
Ordinance provides that a prior to the making of an adoption order, the court
must be satisfied first, that the order will be
in the best interest of the
child. It must be established also to the High Court that the child has
remained continuously under
the care of the applicant for at least three
consecutive months immediately preceding the date of the order.
- The
legislative process further requires the consent of both parents to the adoption
but makes provision for the court to dispense
with consent under specific
circumstances, including, if there are reasonable grounds to believe that the
person whose consent is
required is incapable of giving consent, or the
whereabouts are unknown, or that consent is unreasonably being withheld, or if
it
is established that the parent has abandoned, neglected or persistently
ill-treated the infant.
- Where
the court determines that a Final Order cannot be made immediately regarding an
application, the court may postpone doing so,
and make an interim order of
probation, giving custody of the infant to the applicant for a period not
exceeding two years.
- Section
11 (1) provides for adoptions as constituting both an ending and a beginning in
a child’s life. It sets out that once
an adoption order has been made,
“all rights, duties, obligations and liabilities of the parents or tutors
of the infant in
relation to the future custody, maintenance and education of
the infant, ... shall be extinguished, and all such rights, duties,
obligations
and liabilities shall vest in and be excisable by and enforceable against the
adopter as if the infant were a child born
to the adopter in lawful
wedlock.”
- The
Ordinance also provides for the adopted child to inherit any property of the
adopter, and sets relational guidelines, which confirm
the child’s status
as if the child had been born into the adoptive family. In doing so, this law
also sets out that the Registrar
of Civil Status must register all adoptions,
and that a new birth certificate must be issued, bearing the new name or surname
of
the infant as specified in the adoption order.
- Provisions
in this law seek to respect the rights of the adopted child and adoptive child
and family to privacy. Hence it details
the recording processes to be followed
by the Registrar of Civil Status, and prohibits public inspection or search
except there is
a court order authorizing release of information from the
registers or books.
- The
Adoption Ordinance in attempt to preserve the integrity of the adoptive process
also places restrictions upon advertisements,
making it unlawful for the
publishing of information, which states that the parent or tutor is seeking to
have the child adopted,
or is willing to make an arrangement to facilitate such
an outcome.
G. Illicit transfer and non-return (Article 11)
- The
Adoption Ordinance of 1954 20 (1) defines as unlawful, any act where a person
makes an arrangement for a child to be adopted,
procured or transferred to a
person who is not the tutor, or related to the infant and is resident abroad.
Despite some awareness
nationally of the existence of an International
Convention for the Suppression of the Traffic in Women and Children, 1921, and
the
accompanying Protocol of 1947, Saint Lucia is not signatory to this
international treaty, neither has it ratified the 1989 Inter
American Convention
on the international Return of Children.
- In
the absence however of multilateral and bilateral agreements on this issue, when
there is reason to intervene and facilitate the
return of a child to Saint
Lucia, the Ministry of External Affairs is consulted and diplomatic
interventions are utilized in assisting
the Division of Human Services and
Family Affairs in the process. At the same time, courtesy arrangements between
national, regional
and international social service agencies are utilized, and
negotiating efforts may be channeled particularly through the office
of
International Social Services.
H. Abuse and neglect (Articles 19 and 39)
- The
right of the child to be protected from abuse and neglected is contained in the
previously mentioned legislation regarding Children
and Young Persons, the Civil
Code Sexual Offences Act, and the Education Act. These provisions seek to
protect children from several forms of abuses and neglect including rape,
sodomy, and infanticide, concealment
of birth, incest, inappropriate exposure
and assault. Existing laws however fall short in taking into account
specifically instances
of emotional, psychological, or verbal abuse of a child
which practitioners of the field report as being equally and highly detrimental
to a child’s well-being.
- Currently
there is no national standardized protocol/procedure for the management of child
abuse/neglect in Saint Lucia. However,
a national draft protocol has been
developed in 2003 for the identification, reporting, treatment and
management of abuse and neglect
cases. This document was reviewed in March
2003, through an inter-agency, multi-professional consultative process. This
draft is
premised upon legal reforms being enacted, which provide for mandatory
reporting of cases, the strengthening of the child abuse registry
and
computerization of data management systems for reporting and, an increased
allocation of resources for treatment. This draft
is pending endorsement,
against the background of several political commitments, which have been made to
prioritize legal reform
pertaining to this issue.
- With
the absence of designated government operated institutions in Saint Lucia for
the placement of children requiring a place of
safety from abuse, foster homes
remain the only option. However, the unavailability of appropriate homes
particularly for teenage
girls and the absence of adequate financial support of
the foster care programme make placement interventions a limited option in
reality. Inadequate options for alternative care are further compounded by
inadequate preventive and therapeutic services for abused
children. Whilst
government acknowledges this situation to be untenable, the harsh reality of
limited financial resources has had
visible repercussions in the social services
sector with regard to the human resource support for implementing these critical
programs.
- Several
non-governmental organizations including LUSAVE and The Saint Lucia
Crisis Center are active in the field of awareness promotion
and prevention
of child abuse. With increased societal awareness of the problem, and
heightened awareness among the media of the
issues, there has been an increase
in reporting and a consistent demand for efficient and urgent interventions to
children. An under-resourced,
under-staffed Division of Human Services and
Family Affairs has not been able to deliver the quality of services required to
meet
these increasing demands for preventive-educational services or
protective-rehabilitative interventions.
I. Periodic review of placement (Article 25)
- The
Adoption Ordinance in making provision for the postponement of a determination
with respect to an application for an order (Section
8 (1) and the granting of
an interim order for a probationary period not exceeding two years, implies that
a review of the placement
prior to finalization of an adoption would be
required. What the law falls short in doing however, is stipulating the
frequency
of a review and the process through which the periodic placement
review reports would be taken into consideration.
- Similarly,
the Children and Young Persons Act 1972, and the Probation Ordinance, 1960 in
making timeframe stipulations under which
children should be placed, makes
inference to a structured process for reviewing the progress of the child placed
under a care or
supervision order.
- Juveniles
on remands or probation following them coming into conflict with the law are
monitored as required by the courts by Probation
Officers. Authority is vested
in these officers of the court to request any variation of the stipulations or
orders as circumstances
warrant.
- The
Division of Human Services and Family Affairs has incorporated within their case
management process the practice of mandatory
reviews of placement. This is
achieved through home visits, school visits, and regular interviews with the
child and families.
Placements are initially structured for a period of six
months, and during this time, reviews are held to determine any changes in
the
circumstances of the child or families with a view to recommending a variation,
vacating or extension of the placement order.
J. Summary
- Care
and protection issues faced by children are becoming increasingly more visible
in Saint Lucia, and demanding of both legislative
reforms and improved
administrative measures.
- As
families in Saint Lucia face exacerbated pressures from poverty, changing
lifestyles and expectations, competing negative external
influences, violence
within the home and society, the impact of HIV/AIDS upon children, practitioners
are being challenged to respond
utilizing a strengthened and coordinated social
services delivery approach and to operate within a reformed legal framework
which
serves the best interests and the needs of families and children so
affected.
- A
rapid, but steady trend of increased reported cases of abuse and neglect has
enforced the need for both an expanded community- based
and urgent government
supported response. In designing what must be a comprehensive Herculean effort,
it is agreed upon by practitioners
that emphasis should be given to instituting
a combination of measures including, alternative safe environments for children,
legislative
reforms, increased access to therapeutic interventions, parenting
programs, and continued advocacy to strengthen awareness and national
prevention
efforts regarding child abuse and neglect.
- The
decade since ratification has brought new challenges into the care and
protection field, and the adoption of a rights based approach
has demanded an
emphasis upon continuous accountability in all actions concerning children.
Within Saint Lucia, several efforts
have been made at moving towards the
required philosophical, policy and programmatic shifts. However, the staffing
capacity of the
social services sector has not been significantly strengthened,
and this has severely impacted the country’s ability to implement
several
of the necessary changes and to evaluate or sustain the outcomes.
VI. BASIC HEALTH AND WELFARE
A. Survival and development (Article 6, paragraph 2)
- The
right of a child to survival and development is embodied within the protections
under the Saint Lucia Constitution Order which states that: “A person
shall not be deprived of his life intentionally save in execution of the
sentence of a court
in respect of a criminal offence under any law of which he
has been convicted.”
- The
Children and Young Persons Act, 1972 also provides for the protection of the
child’s right to survival and development by
outlining as previously
referenced, the responsibility of the parent to protect the child from abuse,
neglect and harm.
- Abortion
has also been criminalized under the Criminal Code of Saint Lucia, thereby
upholding protection to the child even prior to
birth.
- In
addition to the legislative provisions and the judicial processes, which support
the child’s right to survival and development,
several sectors are engaged
in implementing policies, which directly or indirectly promote the survival and
development of children.
Among these sectors are the Ministries of Health,
Human Services and Family Affairs, the Ministry of Education, Human resource
Development,
Youth and Sports, and the Ministry of Social Transformation, Local
Government and Culture. The Ministry of Health, Human Services
and Family
Affairs is a key actor, comprised of several service components, all making an
invaluable contribution to the achievement
of this goal. Among the contributing
units is the primary health care program, particularly the maternal health care,
nutrition,
pediatrics, dental and environmental services.
- The
Health Sector Reform document of the government of Saint Lucia has incorporated
within its philosophical commitments an endorsement
of the World Health
Organization definition of health as “a satisfactory fit state of
physical, mental, and social well being
and not merely the absence of disease or
infirmity”. This plan further posits that the government subscribes to
the philosophy
of “Health for all by the year 2000” and is committed
to the fundamental principle that “pursuit of good health
is a basic human
right.”
- To
achieve the above overarching goals of the sector, specific national objectives
have been identified. Amongst those identified,
is a plan to improve the health
care system utilizing the primary health care/preventive approach while
simultaneously increasing
the availability and quality of secondary and tertiary
services, and to give priority to the provision of health services to specific
vulnerable and at risk groups like the poor, expectant and nursing mothers, the
elderly, chronically ill and disabled persons and
people infected with
communicable diseases.
- The
objectives of the national health system are met through the network of its two
acute general hospitals that deliver secondary
care, its two district hospitals
that deliver primary health care services, a private hospital and the
thirty-three community health
centers scattered throughout the country.
- The
range of services offered by these facilities is reflected in the table
below.
Table 2
Health facilities by type, number in country and
services offered, 2000
|
No.
|
Services offered
|
Acute General Hospitals
|
3
|
(a) Out-patient services for casualty, obstetrics, gynecology,
ophthalmology.
(b) In-patient care for medicine, surgery, ophthalmology, pulmonary
diseases (321 beds).
(c) X-ray, ultrasound, physiotherapy, pharmacy, laboratory services.
|
Psychiatric Hospitals
|
1
|
(a) In-patient care for psychiatric patients (138 beds).
(b) Out-patient psychiatric clinics.
|
Drug Rehabilitation Centers
|
1
|
(a) In-patient care for alcoholic and drug-abuse patients (20 beds).
(b) Out-patient clinics.
|
District Hospitals
|
2
|
(a) In-patient care for medicine, surgery, pediatrics and maternity (42
beds).
(b) Intermediate-level care for chronic/non acute cases.
(c) Primary health care services.
|
Health Centers
|
33
|
Primary health care services including:
(a) Maternal and child health (MCH) services including antenatal,
intranatal and postnatal care, family planning, childhood vaccinations,
health
and nutrition education.
(b) Out-patient medical clinics for general morbidity.
(c) Specialist clinics for psychiatry, obstetrics/
gynecology, pediatrics, dental services and other disciplines.
|
Source: Annual Report of the Chief Medical Officer 2000; the
Ministry of Health, Saint Lucia.
- Public
health services have continued to be the dominant mode for health care delivery
in Saint Lucia. However, there are private
medical, dental, pharmaceutical, and
laboratory services available in the country.
- Health
care services are not free in Saint Lucia but are heavily subsidized by the
government. Additionally, even though there is
no universal National Health
Insurance Scheme in Saint Lucia, legislative provisions are in effect and
administrative measures have
been instituted to ensure that medical exemptions
can be provided to specific categories of users.
- At
the levels of care and programme cost, primary care services, which includes
community services, health education and promotion,
was allocated 24% of the
health budget during the period 1998-2000.
- The
financing of the public health sector is sourced primarily through the
consolidated fund of the government treasury, and is complemented
with local
revenue generated from the services delivered, contributions from the National
Insurance Scheme and loans or grants from
external sources.
- The
staffing at the primary health care institutions as documented in the Annual
Report of the Chief Medical Officer (2000), include
doctors, nurses,
administrative workers and personnel in general administration. This report
further indicates that a total of three
hundred and ninety nurses comprised the
staffing assigned by the public sector to serve the nursing needs of the entire
population,
at a rate of 25 per 10,000 persons. Other categories of staff and
numbers are indicated in the table below.
Table 3
Medical personnel in public sector by speciality
with rates
per 10,000 population, 2000
|
Public
|
Private
|
Total
|
No.
|
Rate
|
No.
|
Rate
|
No.
|
Rate
|
General practitioners
|
49
|
3.1
|
1
|
0.06
|
50
|
3.2
|
General surgeons
|
5
|
0.32
|
2
|
0.13
|
7
|
0.45
|
Anesthetists
|
5
|
0.32
|
1
|
0.06
|
6
|
0.38
|
Pediatricians
|
4
|
0.26
|
-
|
-
|
4
|
0.26
|
Obstetricians/Gynecologists
|
3
|
0.19
|
2
|
0.13
|
5
|
0.32
|
Psychiatrists
|
3
|
0.19
|
-
|
-
|
3
|
0.19
|
Physicians/Internist
|
3
|
0.13
|
-
|
-
|
2
|
0.13
|
Accident and emergency
|
1
|
0.06
|
1
|
0.06
|
2
|
0.13
|
Epidemiologists
|
1
|
0.06
|
-
|
-
|
1
|
0.06
|
Cardiologists
|
1
|
0.06
|
-
|
-
|
1
|
0.06
|
Dermatologists
|
1
|
0.06
|
2
|
0.13
|
3
|
0.19
|
Ophthalmologists
|
1
|
0.06
|
2
|
0.13
|
3
|
0.19
|
Pathologists
|
1
|
0.06
|
-
|
-
|
1
|
0.06
|
Radiologists
|
1
|
0.06
|
1
|
0.06
|
2
|
0.13
|
Orthopaedic surgeons
|
1
|
0.06
|
-
|
-
|
1
|
0.06
|
Total
|
80
|
5.1
|
12
|
0.77
|
92
|
5.9
|
Source: CMO Report, 2000.
- The
Table 4 below further indicates the distribution of the health personnel by
institutions and selected categories for 2000.
Table 4
Health personnel by institutions selected categories
for 2000
|
Number of personnel
|
Doctors
|
Nurses
|
Nursing Auxiliaries
|
Other Health Workers
|
Administrative Personnel
|
General Services
|
Acute General Hospitals
|
58
|
276
|
14
|
87
|
51
|
128
|
Central Ministry
|
2
|
-
|
-
|
1
|
40
|
5
|
District Hospitals
|
3
|
19
|
1
|
1
|
1
|
3
|
Environmental Health
|
-
|
-
|
-
|
17
|
-
|
6
|
Health Education and Promotion
|
-
|
-
|
-
|
9
|
3
|
3
|
Mental Health
|
3
|
24
|
8
|
10
|
3
|
5
|
Primary Care Services
|
14
|
71
|
-
|
34
|
4
|
2
|
Total
|
80
|
390
|
23
|
159
|
102
|
152
|
Source: CMO Report, 2000.
- An
assessment of the progress and trends in child survival and development is
examined through some discussion of selected statistical
indicators presented in
the ensuing tables and discussion.
- The
demographic picture in Saint Lucia as of 2000 indicated that the population was
relatively young with 32% of the total population
under 15 years of
age.
Table 5
Estimated mid-year population by age and gender -
2000
|
Total
|
Male
|
Female
|
No.
|
%
|
No.
|
%
|
No.
|
%
|
Under 1
|
2 953
|
1.9
|
1 435
|
0.92
|
1 518
|
0.97
|
1-4
|
15 107
|
9.7
|
8 008
|
5.1
|
7 099
|
4.6
|
5-14
|
31 957
|
20
|
15 993
|
10
|
15 964
|
10
|
15-44
|
77 999
|
50
|
38 343
|
25
|
39 656
|
25
|
45-64
|
19 084
|
12
|
9 024
|
5.8
|
10 060
|
6.4
|
65 or older
|
8 896
|
5.7
|
3 691
|
2.4
|
5 205
|
3.3
|
Total
|
155 996
|
100
|
76 494
|
49
|
79 582
|
51
|
Source: Government Statistical Office.
- The
fertility rates while steadily decreasing over the last decade (1991-2000) were
reportedly at their lowest levels for Saint Lucia,
and as of 2000 were at
replacement fertility level.
Table 6
Selected fertility rates by year - 1991 to
2000
|
1991
|
1992
|
1993
|
1994
|
1995
|
1996
|
1997
|
1998
|
1999
|
2000
|
Crude birth rate
|
27
|
27
|
26
|
26
|
25
|
22
|
23
|
20
|
20
|
19
|
General fertility rate
|
117
|
115
|
107
|
107
|
103
|
91
|
93
|
79
|
78
|
74
|
Total fertility rate
|
3.1
|
3.1
|
2.9
|
2.9
|
2.9
|
2.5
|
2.6
|
2.2
|
2.2
|
2.1
|
Source: Government Statistical Office.
- Within
the latter half of the decade, there was evidence of a decrease in mortality
rates, with the crude death rates as well as the
total number of deaths falling
to their lowest clause in 2000.
- According
to the 2000 Report by the Chief Medical Officer in the Ministry of Health,
the infant mortality rate has remained throughout
the decade below the WHO
Caribbean target of 30 per 100. Infant deaths have ranged
between 35 and 75, with neonatal deaths representing
73% and 77% of all
infant deaths respectively for the first and second half of the last
decade.
- Perinatal
death rates were reportedly generally lower from about 1996, with the number of
perinatal deaths ranging from seventy-five
to one hundred and twenty-one, and
still births accounting for 59% and 62% of all perinatal deaths respectively for
the first and
second half of the decade.
Table 7
Selected mortality rates by year - 1991 to
2000
|
1991
|
1992
|
1993
|
1994
|
1995
|
1996
|
1997
|
1998
|
1999
|
2000
|
Crude death rate
|
6.7
|
7.0
|
6.8
|
6.6
|
6.6
|
6.3
|
6.5
|
6.4
|
6.3
|
5.3
|
Infant mortality rate
|
18
|
20
|
17
|
12
|
16
|
13
|
15
|
12
|
19
|
13
|
Neonatal mortality rate
|
14
|
15
|
12
|
8.6
|
12
|
8.4
|
11
|
8.0
|
17
|
11
|
Perinatal mortality rate
|
30
|
32
|
26
|
21
|
26
|
20
|
24
|
21
|
31
|
25
|
Source: CMO Report, 2000.
- Saint
Lucia has recorded a consistently high coverage of the target population of
infants for immunizations against disease, throughout
the period 1991 to 2000.
This high immunization coverage (between 88% and 100%) has resulted in the
absence of disease under the
EPI among infants during 1991 to 2000.
Table 8
Number and percentage of target population fully
immunized against
diseases under the EPI, by vaccine and year, 1991 to
2000
|
1991
|
1992
|
1993
|
1994
|
1995
|
1996
|
1997
|
1998
|
1999
|
2000
|
Polio
|
3 495
|
3 495
|
3 595
|
3 292
|
3 609
|
3 188
|
3 002
|
2 996
|
2 649
|
1 940
|
% of target
|
95
|
95
|
100
|
89
|
100
|
97
|
88
|
100
|
88
|
67
|
DPT
|
3 492
|
3 483
|
3 586
|
3 294
|
3 609
|
3 188
|
3 002
|
3 003
|
2 650
|
1 940
|
% of target
|
95
|
95
|
100
|
89
|
100
|
97
|
88
|
100
|
88
|
67
|
BCG
|
3 160
|
3 621
|
3 503
|
3 518
|
3 632
|
3 227
|
3 136
|
2 911
|
2 993
|
2 492
|
% of target
|
86
|
98
|
99
|
96
|
101
|
98
|
92
|
99
|
100
|
86
|
MMR
|
3 127
|
2 655
|
3 487
|
3 287
|
3 482
|
3 439
|
2 941
|
3 057
|
2 812
|
2 515
|
% of target
|
86
|
72
|
95
|
93
|
95
|
95
|
90
|
90
|
96
|
84
|
Source: CMO Report, 2000.
- A
significant decline in immunization coverage during the year 2000 (84%) has been
attributed to a shortage of vaccines in the last
quarter of that year. The
Ministry of Health Human Services and Family Affairs attempted to correct this
shortage in coverage by
offering these immunizations during the first three
months of 2001.
- The
total births for the period 1991 to 2000 and the percentage of low birth weight
babies are represented in Table 9. Of the total
births, low birth weight babies
represented about 10%, with a range from at low as 9% to a maximum of 12%, which
was recorded in
1997.
Table 9
Total births by year, with number and percent of low
birth
weight babies, 1991 to 2000
|
1991
|
1992
|
1993
|
1994
|
1995
|
1996
|
1997
|
1998
|
1999
|
2000
|
Total births
|
3 794
|
3 818
|
3 666
|
3 770
|
3 724
|
3 666
|
3 500
|
3 060
|
3 110
|
2 978
|
Low birth weight
|
344
|
399
|
347
|
362
|
415
|
364
|
422
|
299
|
333
|
307
|
% of total
|
9.1
|
10
|
9.5
|
9.6
|
11
|
11
|
12
|
9.8
|
11
|
10
|
Source: CMO Report, 2000.
- In
analyzing the implications of this trend of low birth weight babies and causal
factors, the Chief Medical Officer’s report
comments that not only are the
babies at risk of dying, but if they survive, they are at risk of physical,
developmental and intellectual
delays. Furthermore, whilst several factors
(poor nutrition in pregnancy, maternal drug use and alcohol use, STIs among
pregnant
mothers, teenage pregnancy) are linked in research to a higher
incidence of low birth rate, teenage pregnancies is the only associated
factor
that can be conclusively measured from this data in Saint Lucia.
Table 10
Teenage births with percent of total births by
year, 1991 to 2000
|
1991
|
1992
|
1993
|
1994
|
1995
|
1996
|
1997
|
1998
|
1999
|
2000
|
Teenage births
|
758
|
770
|
700
|
651
|
672
|
657
|
569
|
491
|
497
|
489
|
% of total births
|
20
|
20
|
19
|
17
|
18
|
17
|
16
|
16
|
16
|
16
|
Source: CMO Report, 2000.
- Yet
the above data in Table 10 suggests that teenage pregnancies have declined in
both relative and absolute terms, and as a percentage
of the total, teen
pregnancies/births has stabilized at 16% since 1997.
- The
three main causes of infant mortality accounting for the total of 227 infant
deaths in Saint Lucia between 1996 and 2000 were:
perinatal causes,
congenital anomalies and communicable diseases.
- About
85% of all infant deaths reportedly occurred in the first month of life in 2000,
and 81% before the first week of life. These
neonatal deaths represented
between 63% and 92% of all infant deaths for 1996-2000.
- Access
to prenatal care, and attendance at birth by trained personnel, are among the
noted contributing factors to improvements in
child survival. The CMO Report,
2000 produced by the Ministry of Health, indicates that over the past ten years,
trained personnel
attend more than 95% of all births, and that more than half of
the antenatal care is provided through the public health sector.
- Morbidity
among children 1-4 years against diseases under the EPI has been low. Due
to the maintenance of a reasonable high level
of vaccination among the
target population, there have been no reported cases or deaths among 1-4 year
olds, due to measles over
the last ten years. Accidents and adverse
effects have continued to be among the leading causes of deaths (23%) among the
1-4 age
groups for 1996-2000. In the previous quinquennium, 21 deaths from
accidents were reported (29%). This reduction in morbidity is
attributed to
fewer deaths by motor vehicle accidents, exposure to smoke, fire and flames, and
accidental drowning.
- Undoubtedly,
a high quality of Pediatric and child health care services in Saint Lucia have
been pivotal in enabling Saint Lucia to
sustain the gains achieved in child
survival and development. A range of services including, assessments of
developmental milestones
(physical, psychosocial, psychomotor, and cognitive),
and immunizations against diseases, health promotion and referrals to other
levels of care are some of the interventions provided.
B. Disabled children (Article 23)
- The
Constitution of Saint Lucia provides for the entitlement of every citizen to the
same rights and freedoms and hence children with disabilities
equally come under
this legislative coverage.
- Division
4 of the Education Act #41 of 1999, in recognition of the right of every child
to an education, stipulates that special education is to be provided for
students of compulsory school age, who have some form of intellectual,
communicative, behavioral, and physical or multiple exceptionality.
However,
recognizing the resource constraints, environmental and other practical issues,
this Act it clear that the issues of entitlement
of a student would be balanced
against the former criteria of available resources.
- To
date, there has not been a national policy or specific legislation regarding the
rights of persons with disabilities adopted in
Saint Lucia. However, the
Ministry of Education has adopted a policy of integration in schools, and
maintains a total of five special
education centers. Home visitation for a
small number of students is carried out, and of the total number of students
enrolled as
of June 2002, 14 were integrated within the school system.
According to the Education Statistical Digest of June 2002, the five
special
education centers had a total enrollment of 233 students, of which 48% were
girls.
- The
Donnattar School located in Castries; the Capital of St. Lucia, records the
highest special education student enrollment, followed
by the Vieux-Fort Special
Education Center. The former school provides extended vocational training for
adults with disabilities,
and provides a home base for the Child Guidance
Development Center.
- Specialized
Programs for the visually impaired and the hearing impaired children are
included in the five education centers. These
programmes and interventions are
also supported by the Non-Governmental Organizations, Councils representing the
blind, deaf and
multiple disabilities, as well as by the Child Guidance
Development Center which serves as a pivotal service point for the early
intervention programme, through assessments and services to children with
disabilities.
- The
Saint Lucia Blind Welfare Association (SLBWA) is a voluntary organization
established in 1972 with the expressed mandate of providing
education,
rehabilitation, employment and other opportunities for persons who are visually
impaired or blind. This organization
is supported through a subvention from the
Ministry of Health, Human Services Family Affairs and Gender Relations, and
other service
clubs, to provide directly or indirectly extensive blindness
prevention services to children. The scope of the operations is however
hindered by funding and other resource constraints.
- The
Education Sector Development Plan for Special Education (2000-2005) indicates
that the following are among the priorities for
action to address issues of
disabled children:
- Development of
legislation and a draft policy;
- Development of
Recreational and Sports programmes in special schools;
- Provision and
resourcing of a remedial center at the school for the Hearing Impaired;
- Provision of an
ear mould to facilitate the school being self sufficient in supplying ear moulds
to students;
- Provision of a
development skills assessor for all children entering the education system;
- Expansions of
training programmes;
- Pursuit of
disability mainstreaming.
C. Health and health services (Article 24)
1. Legislative
provisions for health and health services
- The
Health services provision in Saint Lucia are guided by policies developed by the
Minister of Health and the regulations and provisions
contained in the following
Acts:
- Mental Health
Act, 1957;
- Public Health
Act 1975;
- Public Hospitals
(Management) Act, 1973;
- The Public
Health Act, 1975, and amendments of 1978, 1991;
- Water and
Sewerage Authority Act, 1984;
- The Hospital
Ordinance, 1992;
- Family Nurse
Practitioners Act, 1993;
- Disaster and
Preparedness Act, 2000;
- A Health
Complaints Act, 2000 (draft);
- Saint Jude
Hospital Act, 2002.
These Acts make provision for the
administration of health services and the enforcement of regulations governing
issues in the environment,
drugs and food safety.
2. Primary health care - maternal and child health
- The
Ministry of Health, Human Services and Family Affairs has given consistent
emphasis towards developing and offering quality maternal
and child health
services. A range of pre-natal and post-natal services is available at the
health centers and hospitals, and hospitals
have been engaged in baby friendly
certification exercises. Dental services are incorporated into the range of
provision, and sexual
reproductive health services are also
available.
- Some
of the specific services offered at child health clinics include:
- Assessments of
children at 8 months, 3 years, and 5 years, which include physical,
psychosocial, psychomotor, and cognitive aspects
of child development,
audiological and optical evaluations;
- Immunization of
children against the diseases under the EPI;
- Counseling,
demonstrations, talks and other health promotion activities;
- Referrals to
other levels of service or care.
- According
to the CMO Report of 2000, new registrations at child health clinics dropped by
33% while new registrants as a percentage
of live births decreased by 24%,
during the period 1996-2000. For the same period, the number of live
births fell by 12% (see Table
11). The reduction in the number of live births
is offered as some explanation for the decline in the number of new registrants
at child health clinics. However, the table does suggest that fewer children
are registering at public child health clinics. It
is possible to infer based
upon sociocultural data and changing health care consumption patterns that that
the majority of children
may be receiving child health services from within the
private sector. However such inferences do not eliminate the possibility
that
some children may not be receiving any services at all.
Table 11
Selected statistics regarding community child
health clinics,
1996 to 2000
|
1996
|
1997
|
1998
|
1999
|
2000
|
No. of centers
|
34
|
34
|
34
|
34
|
34
|
No. of sessions
|
1 844
|
1 881
|
1 866
|
1 650
|
1 736
|
New registrations
|
1 705
|
1 702
|
1 335
|
1 052
|
1 137
|
... % of live births
|
51
|
49
|
44
|
34
|
39
|
Total attendances
|
32 954
|
30 693
|
29 300
|
27 042
|
25 282
|
... average attendance per session
|
18
|
16
|
16
|
16
|
15
|
... average attendance per case
|
19
|
18
|
22
|
26
|
22
|
Source: CMO Report, 2000.
- Saint
Lucia has instituted compulsory immunization for all children and this process
is monitored by health officials and re-enforced
through the Ministry of
Education within its governing legislative provisions (Division 3; 28 (1) (d)
regarding school admission
and registration practices. Parents are required to
present a “certificate issued by a registered medical practitioner or
the
Public Health Authorities indicating that the child has been
immunized.”
- The
success of these measures is reflected in the fact that Saint Lucia has achieved
a consistently high immunization rate between
88% and 100% over then past
ten years. Furthermore, the spin-off effect is demonstrated in the absence of
any reports of diseases
under the EPI among children less than 5 years for the
period 1991-2000.
- Under
the EPI, the MMR (Mumps, Measles, Rubella) vaccine is given to children who are
one year old and older, by the Community Nurses
at all health centers and
district hospitals. At the end of 2000, approximately 79% of the estimated
target population of children
1-4 years old (9,989 children) had been given the
MMR vaccine. This coverage was consistent within the 72-95% range achieved
among
the target population over the last decade 1991-2000. Consequently, there
were no reported cases or deaths due to measles among
children 1-4 years old for
the past decade. Full coverage of all children is a goal still being pursued.
St. Lucia is also a participant
in the intensified global campaign for polio
eradication, and continues to provide leprosy awareness education.
- Whilst
Saint Lucia has made several gains over the last decade in the EPI programme, it
has not been exempt from the debilitating
impact of the global epidemic of
HIV/AIDS, and the resultant social, economic and structural vulnerabilities
across its sectors and
within all age groups. Since 1985 when St. Lucia
reported its first case of HIV/AIDS, the incidence has grown. In June of 2002,
a cumulative total of 377 reported cases of HIV infection had been reported, and
of those reported cases, an increasing prevalence
rate of infection was observed
among the young population, particularly persons in the 15-49 age cohorts.
Children less than fifteen
(15) years represented 10% of the known cases. The
most frequent mode of HIV transmission in Saint Lucia is heterosexual
sexual
activity (25%), followed by mother-to-child transmission (4%). For
more than half of the infected population (55%), the mode of
transmission
remains undetermined.
- With
such prevalence trends indicating the vulnerabilities of children and youth to
HIV/AIDS, the government of Saint Lucia and Non-Governmental
Organizations have
been directing prevention strategies towards the youth and focusing attention on
defining those subpopulations
among them who may be at higher risk of HIV
transmission. Sexual and reproductive health services and programming with
emphasis
upon STI/HIV/AIDS have been strengthened and Behaviour Change
Communication strategies are being utilized towards improving the life
skills
and competencies of youth to care for their sexual and reproductive health.
Anti retro-viral drugs are currently available
to mothers who have tested HIV
positive during pregnancy and efforts are being made to reduce stigmatization,
and expand the availability
of drugs, treatment and care services to all persons
affected by HIV/AIDS.
3. Family planning services
- The
stated mission of The Saint Lucia Planned Parenthood Association (SLPPA) is
‘to reduce the incidence of unwanted pregnancies,
particularly among
adolescents, through a strengthened Family Life Education programme and quality
Reproductive Health Care services,
complementing the national effort.’
The strategies employed by the SLPPA include counseling and the provision of
contraceptive
and other sexual reproductive health care services in clinical
settings.
- Table
12 indicates the number of contraceptives distributed by the SLPPA by type of
method for the period 1998-2000, and Table 13,
the other services provided
during 2000, by type of service. Whilst the data is not disaggregated by age
groups to provide an indication
of the number of children who received services,
the agency has successfully been expanding its programmatic reach, and
establishing
partnerships with government, other regional and international
agencies to support the delivery of increased youth friendly and youth
driven
projects and programmes under which peer support, education and prevention
services are available to children and adolescents.
Table 12
Contraceptives distributed by type, 1998 to
2000
|
1998
|
1999
|
2000
|
Oral
|
36 457
|
32 751
|
32 948
|
Injectable
|
3 383
|
2 616
|
4 982
|
Condom
|
11 515
|
84 079
|
19 928
|
Vaginal tablets
|
794
|
39
|
-
|
IUD
|
254
|
286
|
385
|
Source: CMO Report, 2000.
Table 13
Frequency of services provided at SLPPA family
planning
clinics by type of service during 2000
|
No.
|
Sexual and Reproductive Health Services
|
|
Pap smears
|
614
|
Pregnancy tests
|
516
|
Gynaecological examinations
|
1 904
|
Breast examinations
|
190
|
|
|
Counseling
|
|
Infertility counseling
|
24
|
STD/HIV/AIDS counseling
|
550
|
Counseling on sexuality issues
|
13 312
|
Counseling on pap smear results
|
640
|
Youth counseling
|
1 719
|
Counseling to new acceptors
|
2 733
|
General/marriage counseling
|
143
|
Source: CMO Report, 2000.
D. Social security and child care services and facilities
(Articles 26 and 18, paragraph 3)
- Prior
to the Convention on the Rights of the Child, a Public Assistance Act was set up
to provide grants for the care of the indigent
and poor of Saint Lucia. Most of
the beneficiaries of these grants are elderly or disabled, however the past five
years have seen
the gradual increase in the number of requests on behalf of
children and adolescents, and by single-mothers requesting assistance
in kind or
cash from this source. These changes reflect the socio-economic situation in
Saint Lucia, and the dynamics of dependency
created in families who are
experiencing poverty, affected by the decline of the banana industry or ravages
of the HIV/AIDS epidemic,
and those among the approximate 25.1% unemployed in
the country.
- Within
Saint Lucia, several voluntary and governmental assisted social security net
programmes have been emerging over the last decade,
in direct response to social
problems and the articulated or perceived needs of the poor. These
interventions include clothing and
food programs for children, and destitute
families, School Feeding programmes, Book, Educational and Transport assistance
programmes,
Medical assistance and Foster care services.
- With
rapid global changes impacting upon the social, demographic and economic
circumstances of the population, a consistent high proportion
of female-headed
households, and an increased incidence of women being employed outside of the
home, the need for quality but affordable
day care and early childhood education
facilities to care for children had to be met. Few facilities caring
exclusively for babies
or infants have emerged over the past decade, but in the
latter half of the decade several centers have been established offering
a
combination of nursery and pre-school services to children, with intake ranging
from 6 weeks to five years old.
- The
Education Statistical Digest of 2002, records that there are there are a total
of 153 Early Childhood Education Centers, of which
40 are day care
centers, 50% owned by government, the other half privately owned and operated.
This represents an almost doubling
of provision in private day care operations
since 1995 when there were 21 centers.
- In
St. Lucia, all of the 113 pre-schools are privately owned by individuals with a
few being church assisted. However, the services
are monitored and supported by
the Early Childhood Education Services unit through the Ministry of Education,
Human Resource Development
Youth and Sports. The enrollment in this sector as
of June 2002 was 5507, representing a slight decrease from the previous year
of
5682.
- The
government of Saint Lucia in particular the two Ministries of Education, Human
Resource Development, Youth and Sports and Social
Transformation, Local
Government and Culture have collaboratively engaged in the developing of a draft
policy and draft standards
for the regulation of the Early Childhood Education
sector. In 2001, a national survey of the quality of early childhood
environments
in preschools and day care centers was conducted using a 25%
representative sample. The survey findings on the centers of Saint
Lucia
suggested the need for three priority actions: (1) expansion in service
provision to reduce over crowding at the centers, (2)
implementation of
standards for staffing ratios, health and safety, and (3) intensive focus upon
training and support of staff to
enhance performance, professional
qualifications and opportunities for growth.
E. Summary
- The
status of the health of St. Lucian children appears to be good when reference is
made to the primary health care indicators.
However, there are several emerging
and concerning issues, which are anticipated as posing a threat to the
maintenance of good health
of our children. Among these issues are HIV/AIDS and
its impact, obesity of young children due to poor nutrition and eating habits,
prohibitive and rising health care costs for some patients, limited supportive
and therapeutic services, including speech therapy
and physiotherapy, and the
lack of resources to support early intervention and disabilities detection.
Within Saint Lucia, there
are still only seminal provisions for children with
disabilities, particularly in education and for those who require 24-hour care
and supervision. Children affected by abuse and issues of care and protection
are still struggling within an inadequately resourced
social services and health
system, in a social climate of intensive demand for interventions and
rehabilitative treatment.
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
A. Education, including vocational training and guidance
(Article 28)
1. Legislation
- The
Education Act No. 41 of 1999 makes provision for a system to regulate the
delivery of educational services in Saint Lucia. Under this Act, Section
3 -
subsection (2) outlines the general goals and objectives to be pursued as
including:
“the establishment of a varied, relevant and
comprehensive educational system that is characterized by excellence and the
promotion
of education by the establishment of educational institutions for the
purpose of fostering the spiritual, cultural, moral, intellectual,
physical,
social and economic development of the community”.
- The
specific goals and objectives of the basic education and continuing education
system are further elaborated in Section 3- subsection
(3) of the Education Act
of 1999 as follows:
(a) To encourage the development of basic
knowledge and skills in all persons, including:
(i) The skills of literacy, listening, speaking, reading, writing, numeracy,
mathematics, analysis, problem solving, information
processing, computing;
(ii) Critical and creative thinking skills for today’s world;
(iii) An understanding of the role of science and technology in society together
with scientific and technological skills;
(iv) Appreciation and understanding of creative arts;
(v) Physical development and personal health and fitness; and
(vi) The creative use of leisure time;
(b) To develop self worth
through a positive educational environment;
(c) To promote the importance of the family and community;
(d) To promote the recognition, understanding and respect for the
Constitution, laws and national symbols of the State;
(e) To develop an understanding of the principle of gender equality;
(f) To promote understanding of the history, language, culture, rights and
values of Saint Lucia and their changing role in contemporary
society;
(g) To increase awareness and appreciation of the natural environment of the
State;
(h) To promote a Caribbean identity through regional co-operation and
integration;
(i) To develop an understanding of the historical and contemporary role of
labour and business in society; and
(j) To prepare for participation in the community and global society.
- The
Education Act of Saint Lucia makes provision for an education system comprised
of primary, secondary and tertiary institutions, with an administrative
categorization and management framework applicable for all public, private, and
assisted schools. Furthermore, the Act empowers
the Minister of Education
to expand the stages of the public education system, (as the resources of the
country permit), to include
Early Childhood Education, Special Education, Adult
Education, Distance Education and Education to meet the need of students
who
are gifted or are of exceptional ability.
- This
Act of 1999 recognizes the rights and responsibilities of the student and
parents, and establishes the entitlement of all persons
of compulsory school age
(5 to 15 years), to receive an education appropriate to their needs, within the
context of available resources.
The Education Act of Saint Lucia also makes
provision for free tuition fees for those students attending public schools, and
cautions against discrimination
of any child in specific circumstances.
- Section
29 of the Act prohibits discrimination in access to public educational
institutions and specifies that:
“no person who is eligible
for admission to a public educational institution or an assisted school shall be
refused admission
on any discriminatory ground, including race, place of origin,
political opinion, colour, creed, sex, or subject to the provisions
of this Act,
mental or physical handicap.”
- Section
49 (4) also stipulates against partial treatment of children and cautions that
the rules governing discipline, suspension
and expulsion of students should be
applied without discrimination to all
students.
- An
explicit provision is included in Section 19-(1) of the Education Act for
guaranteeing the student the right to freely express any religious, political,
moral or other belief or opinion, provided that
such views do not impinge
adversely upon the rights or education of any other students or persons in the
school. Section 147 in
addressing collective worship and religious education in
schools facilitates under subsection (4) the wishes of the parent for any
student to be excused from participation in collective worship, any religious
observance, or any education or instruction in religious
subjects at the
institution. Furthermore, whilst the Act directs that religion shall be part of
the curriculum of every school or
assisted school, the education to be given is
further specified as comprised in an agreed syllabus adopted for the
school.
- Within
this rights- based underlying philosophy, the Act attempts to establish some
balance through its emphasis in Section 17 on
the responsibilities of the
student: to observe school rules and policies; to participate in the educational
programme; to be punctual
and maintain a regular school attendance record; be
diligent in application to studies and demonstrate respect for the standards
set
regarding deportment, courtesy and respect of the rights of others.
- Parental
rights and responsibilities are not excluded from this Education Act of 1999.
Whereas provisions are incorporated under Division (2) for respecting the rights
of parents to be informed, consulted,
and to participate in decisions that
affect the education, health or safety of their children, or to determine
whether their child
attend public, private or home schooling; Section 37 of the
same Act specifies that it is the duty of the parent to enforce attendance of
every child of compulsory school age. To monitor
parents who neglect or refuse
to compel the child to attend school, the Act provides for the specific duties
of school attendance
counselors and establishes that a fine not exceeding one
thousand dollars or other sanctions may be imposed upon the parent.
2. Administration and management of education
- The
Education Act of 1999 provides for the management of all public primary and
secondary schools to be under the control of the Minister of Education.
The
Minister is delegated with authority to appoint Boards of Management for primary
and secondary schools if s/he deems such to
be in the interest of economy,
efficiency, and for the participation of the community in the management of
education. The Minister
is also given authority to appoint a Board/joint Boards
of Management for Assisted schools and to establish and maintain teachers’
colleges, technical colleges and institutions of higher education.
- In
executing the policies of the Ministry of Education, Human Resource Development,
Youth and Sports, the Minister is supported by
a Permanent Secretary who is the
chief administrative officer, and by a Chief Education Officer whose
responsibility is to ensure
the efficient administration of the Education
Act.
B. The philosophy and aims of education (Article 29)
- The
Ministry of Education, Human Resource Development, Youth and Sports posits
that education is a lifelong process and the key to
achieving global
competitiveness, cultural cohesiveness and democratic governance in Saint Lucia.
Underpinning this philosophy is
the concept of education as being not only
“a basic human right, but an activity that initiates, facilitates,
accelerates and
sustains peaceful development”. The Government of Saint
Lucia also holds that education is vital to the orderly development
and
progress of its citizens, and serves as the vehicle for transmitting values,
beliefs, and the culture of the community, which
is essential for the creating
of national identity.
- The
fundamental beliefs on which the philosophy of education in Saint Lucia is
predicated is presented in the “Education Sector
Development Plan
2000-2005 and Beyond”. This Plan sets out the beliefs as follows:
- Every individual
has an equal right to education;
- Every individual
has the ability to learn;
- Education must
be innovative and responsive to the needs of the learner and the wider
society;
- Teaching should
be centered on the needs and the interests of the learner;
- There is a basic
set of skills that all students must learn, including reading, writing,
communicating in a foreign language, and
information and communications
technology;
- Knowledge
without application is of limited value;
- The
learner’s total development must be attended to including the spiritual,
intellectual, emotional and physical development;
- Learning is
cumulative and every developmental stage is important but the formative years
are critical;
- Parents and
community are partners in the education process.
C. Institutional infrastructure
- The
education system of Saint Lucia is structured into four tiers: Early Childhood
Education, Primary, Secondary and Tertiary levels.
1. Early childhood education services
- Early
Childhood Education Service forms the bedrock of the institutional structure in
Saint Lucia, catering to children below five
years old. Within these settings,
the mission is to “provide a safe and stimulating environment for young
children and to
empower parents and caregivers to play a dynamic role in the
holistic development of each child trough quality education and support
services.”
- Early
Childhood Centers, which are an amalgamation of day care, centers and pre-school
centers are governed by regulations of minimum
standards of care and a
standardized curriculum. Subventions are provided to some privately operated
centers, and support through
training and supervision is extended to providers
by the Ministries of Education and Social transformation.
2. Primary schools
- Primary
schools are the first level of direct provision within the formal educational
system in Saint Lucia. These schools have been
categorized administratively as
Infant Schools, Junior Primary Schools and Senior Primary Schools. Students
enrolled in these schools
are between the ages of five (5) to twelve (12) years
old and are placed in Grades Kindergarten to Grade seven.
- During
the academic period 1992/93 there were a total of eighty-five (85) Government
primary schools, and an enrollment of thirty
one thousand, nine hundred and
twenty-eight pupils (31928). In 2001/02 the number of schools had dropped
slightly to eighty-two
(82) and the student enrollment a total of twenty-seven
thousand, nine hundred and fifty-five (27 955). The percentage of girls
and
boys enrolled in school over this reporting period has been steadily even,
with girls’ enrollment between 49-48%. However,
it has been observed that
from 19982001, the male drop-out rate at primary school level by grade was
twice the drop out rate of females.
- Despite
a decade focused towards achievement of increased access and improved quality of
education, a shift system implemented to
accommodate all students within the
urban area of Castries has persisted. It is anticipated that with the
completion of another
school currently being constructed, all students will be
allowed to attend school during regular school hours, by September of
2003.
- Currently
student progression from primary to secondary level of education is determined
through individual performance at the Common
Entrance Examination which is taken
at Grade 6, or usually when a child reaches 11-12 years. This process has
been highly competitive
and controversial over the years, due to limited spaces
available in comparison to the number of students taking the examination.
Despite ongoing discussions regarding discontinuation of this format of
assessment, the proposed “continuous assessment”
has not been
introduced yet for secondary selection purposes.
- In
1993, 2025 students (42%) of the total number of students (4867) who took
the Common Entrance Examination (CEE) were assigned to
secondary schools.
The year 2001 reflected some improvement however, in that of the 4508
students who sat the examination, 2482
or 55% of the total, were assigned to
secondary schools.
- Students
who are unsuccessful at the CEE have traditionally been placed at Senior
Secondary Schools and allowed a further opportunity
to matriculate and enter
secondary placement, through the Common Middle Examination. Plans are in
progress to expand options available
to these students and to establish a
facility by September 2003, which will offer technical and vocational training.
3. Secondary schools
- Significant
efforts have been made over the last decade to address the access difficulties
imposed by limited secondary school placements
and towards achieving universal
secondary education provision. Whereas in the 1992/93 academic year there were
only fourteen (14)
secondary schools, the past eight years have recorded gradual
expansion in provision and the total number of secondary school as
of 2001/02
was eighteen (18). Of these eighteen, the majority is co-educational with the
exception of two schools; St. Joseph’s
Convent Girls’ School which
is an all girls’ school, and, St. Mary’s College, an all boys’
school.
- Concomitant
with this growth in the number of schools has been a growth in the total
enrollment in secondary schools. The 2001/02
official statistics for enrollment
reflected therefore a total of twelve thousand, eight hundred and eighty seven
(12887) students
at secondary schools. The percentage share of enrollment by
gender again reflected a consistent majority of girls (56%) being enrolled
at
secondary schools in Saint Lucia.
- The
majority of students entering secondary school do so at age twelve (12) by a
small number also enter at age ten (10) years. Students
continue their
secondary school education for a minimum of five years leaving school usually at
or about seventeen years. During
the fifth year at secondary school students
take the Caribbean Examinations Council (CXC) Examinations, where they are
graded at
levels of General and Basic proficiency in a range of subjects.
Success in these examinations serves as the qualifying criteria
for those
students who wish to pursue the third or tertiary level of education, which is
available in Saint Lucia.
4. Tertiary level institutions
- The
Sir Arthur Lewis College is the government operated institution, which provides
tertiary level education to students in Saint
Lucia. This institution offers
specialized study disciplines in Arts and General Studies, Technical Education
and Management Studies,
Teacher Education, Health Sciences, Agriculture, Home
Economics, Continuing Education and a partial undergraduate University of the
West Indies programme.
- The
enrollment by main divisions and specialization at the College from 1996/97
to 2001/02 has shown that there are almost twice the
numbers of females
enrolled at the college than males. Enrollment data for the same period also
reflects gender biases in specialization
with zero percentage of males
being attracted to the subject areas of Home Economics, and
a two thirds female enrollment in the Arts
and General Studies. While
some females have consistently enrolled in the area of agriculture, male
enrollment has dominated with
the exception of the academic year 1999/00, when
there was an equal enrollment between male and female. The Department of
teacher
education continues to attract a four-fifths majority female enrollment,
and a 20-23% percentage of male enrollments. Similarly,
ninety percent (90%)
or more of the students enrolled in the health sciences are females. This
gender bias is consequently reflected
throughout the educational system with
higher female to male teacher ratios in schools at all levels, and a paucity of
males in the
nursing field in Saint Lucia.
D. Technical and vocational education and training
- A
range of technical and vocational training opportunities are available to
students enrolled at levels of secondary and tertiary
education, as well as to
out of school youth and adult learners. The latter groups are serviced within
community districts, through
the Girls Vocational Training School, the Charter
House Institute, Upton Garden’s Girls’ Center, Center for
Adolescents’
Renewal and Education (CARE) programme, and the government
operated
National Enrichment and Learning Program (NELP) in Saint Lucia. The latter
programme, offers a curriculum that addresses issues from
literacy and numeracy
skills to job market readiness skills and includes Information Technology.
- The
programme Center for Adolescent Renewal and Education (CARE), operated privately
by the Catholic Church has also been addressing
the needs of boys for
redirection, with an emphasis upon technical, vocational, and life skills
and training.
- Within
the Secondary schools, increased emphasis has been accorded to preparation of
students for life and equipping them with skills.
Hence, students are given
opportunities to pursue courses of study in areas of Home-Economics/Management,
Building Technology, Business
Technology, Information Technology, Electrical
Technology, Office Procedures, Clothing and Textile, Principles of Business,
Technical
drawing and other non-traditional areas. Emphasis has also been given
to preparing students for the hospitality and service industries
to meet the
demands of the tourism industry, which is a major sector in the Saint Lucian
economy.
- The
National Skills Development Center also complements the aforementioned efforts
at providing a program in technical and vocational
training to youth. Trainees
are exposed to an integrated curriculum, and are offered General Education
courses in conducting a job
search, and in developing their communication skills
as well as social and life coping skills. A range of other vocational courses
is also available to trainees including fashion design, floral arrangement, cake
decorating, cosmetology, housekeeping, drapery and
computer graphics. This
training experience targets those youth and school leavers who have attained
little or no formal academic
certification, or job experience. Students in this
programme are provided with a small stipend as an incentive, and to assist them
in transportation costs. They are also opportunities to be placed in
internships and job placements upon completion.
E. Guidance and counseling programmes
- While
guidance and counseling services are provided in some schools within Saint
Lucia, these specialized services have not been generally
incorporated into all
of the schools’ support services.
- Saint
Lucia like several of its Caribbean counterparts, has been participating in the
CARICOM Health and Family Life Education initiative
whose goals are primarily
directed towards, improving the education and skills of children and young
people so that they may develop
to their full capacities, live and work in
dignity and contribute to national development.
- The
Ministry of Education, Human resource Development, Youth and Sports has been
in the forefront in delivering this Health and Family
Life curriculum,
aided by health educators and allied professionals from within the Ministry of
Health, and other non-governmental
Organizations such as the Saint Lucia Planned
Parenthood and the Saint Lucia Red Cross. This programme has been introduced in
all
secondary schools and is taught in some primary schools. Teachers have been
trained in delivering the curriculum and school administrators
have been
encouraged to ensure that there is adequate time given to scheduling of the
subject area on timetables.
F. Leisure, recreation and cultural activities (Article
31)
- Article
31 of the Convention on the Rights of the Child provides that recognition should
be given to the right of a child to rest,
leisure, play and recreation and to
participate fully in cultural and artistic experiences.
- Whilst
there are no specific provisions in the existing legislation that recognizes
this right, the underlying principles guiding
service development over the last
decade has implicitly been structured within such recognition of a child’s
right to leisure,
play and cultural activities. Hence the Education Act of 1999
identifies among the general goals and objectives of the education system, that
of:
“the promotion of education by the establishment of
educational institutions for the purpose of fostering the spiritual, cultural,
moral, intellectual, physical, social and economic development of the
community;”
- Subsequently,
the Ministry of Education, Human Resource Development, Youth and Sports in their
Action Plan 2000-2005 emphasizes as
the first priority, the development of a
Physical Education and Sports Policy for schools.
- Leisure
time is structured into a child’s educational programme on a daily basis,
and opportunities for play is emphasized as
both a social and learning
experience and promoted as a healthy basic need for all children. Sporting and
leisure activities are
included within the formal curriculum as well as
extra-curricular activities, and an appreciation for participation in cultural
events
and local festivals such as “La Rose” and “La
Marguerite”, is fostered by the schools. In 2002, the Cultural
Development Foundation was established with an expressed role of promoting the
development of all national cultural activities.
- Within
the home environment, a child’s need for relaxation is generally
appreciated by parents and encouraged by their easy
access to television,
and a variety of other technology/mechanisms. Some children in Saint Lucia are
also provided with opportunities
based upon individual socio-economic
circumstances to engage in the following: tennis, dance, swimming, netball,
cricket, volleyball,
choral speaking, calypso, story telling, steel pan, karate,
music, arts and drama.
G. Summary
- Several
education policies and programmes have been implemented within the last decade
that has contributed towards the realization
of children’s rights in Saint
Lucia. There has been an increasing effort to expand educational opportunities
and services
to meet the varied needs of all children in Saint Lucia.
- Despite
the gains, some trends and practices persist, such as the continuance of
corporal punishment in schools, whilst new ones are
emerging which point to the
need to plan educational programmes with relevance, and to focus significant
interventions upon the male
child. The latter is with respect to sustaining
male enrollment in school, reducing drop out rates, and eliminating gender
biases
in the educational system.
- A
significant change in policy has been the readmission of girls who became
pregnant into school to complete their education. A continuous
trend is the
high female teacher ratio within the schools and at teacher training as an
undisputed fact, as well as the higher academic
achievement of females at all
levels of education.
VIII. SPECIAL PROTECTION MEASURES
A. Children in situations of emergency (Articles 22, 38 and
39)
- To
date, Saint Lucia has not implemented any such measures that seek to address
issues related to children in situations of emergency,
which are defined as
becoming refugees or engaged in armed conflict.
- This
reflects the fact that the political stability of the nation which has not been
engaged in any wars since Independence, as well
as the administrative provision
that enrollment of its citizens into the Saint Lucia Royal Police Force is
deferred until the individual
has attained the age of eighteen.
B. Children in conflict with the law (Articles 37, 39 and
40)
1. The administration of juvenile justice (Article 40)
- Within
the Children and Young Persons Act of 1972, the legislation for managing
children who come into conflict with the law in Saint
Lucia, a child is defined
as “a person under twelve years” and a juvenile is defined as
“a person under the age
of sixteen years”. The minimum age of
criminal responsibility is twelve years. Hearings for juveniles may be
conducted by
juvenile courts and in the Family Court, reflecting the practice
reality that juvenile matters and care and protection matters for
any child are
frequently intertwined.
- This
situation creates administrative, judicial and practice challenges in a local
context particularly where there are no state residential
provisions for the
care and protection of girls, and no residential treatment facilities for female
juvenile offenders. Furthermore,
this absence of appropriate provision has
resulted in Saint Lucia contravening the Convention on the Rights of the Child
in instances
where there is a judicial decision as in 1997 for six (6) female
juvenile offenders to be remanded to the female prison. The other
option to
which the court has recourse and utilizes also presents further dilemmas. That
is, where the court determines to have
the matter dismissed, and the juvenile is
release often without a fixed place of abode, with a probation or supervision
order in
effect.
- Whilst
the problem of girls statistically may seem insignificant in comparison to the
number of male juvenile offenders, the extent
of the risk and the nature of the
offences committed by them ranging from possession of firearms, drug
trafficking, grievous harm
and prostitution presents sufficient evidence for
urgent intervention by the State.
2. Children deprived of liberty, including any form of
detention, imprisonment or placement in custodial
settings (Articles 37
(b), (c) and (d))
- The
Children and Young Persons Act of 1972 makes specific provisions for the
detaining of juveniles in separate facilities from adult
offenders, and allows
for discretional powers with specific exceptions, for the police to release
juveniles under recognizance into
the care of a responsible parent or guardian
until such time as the juvenile can be brought before the court.
- Hence,
legislation in Saint Lucia makes provision for the juvenile to be committed to a
place of safety. The Boys Training Center
located in the northern region of the
country, is the facility stipulated for housing and rehabilitating juvenile boys
under sixteen
years old, however, some boys are also remanded to this facility
when in need of Care and Protection.
- The
legislation therefore implicitly provides for the juvenile to be deprived of
his/her liberty, and supports those practices as
previously mentioned which
confirm that some juveniles in Saint Lucia are being deprived of their liberty.
Additionally, life imprisonment
is not excluded for children.
3. Sentencing of juveniles (Article 37 (a))
- Specific
processes and provisions for the sentencing of juveniles are referenced in
Section 16 of the Children and Young Persons Act,
1972.
- The
methods for sentencing outcomes as outlined include the following:
- Reprimand and
discharge;
- Placement under
probationary supervision;
- An Order under
the Probation Ordinance;
- A fine or
compensation to be paid by the parent or guardian;
- Remand to the
Government Industrial School.
- All
of the above present constraints in implementation, particularly because of the
lack of facilities for girls, and staffing to
adequately manage the cases and
deal with the offenders.
4. Physical and psychological recovery and social
reintegration (Article 39)
- The
government of Saint Lucia recognizes that children, who are in difficult
circumstances or have been affected by such situations,
require therapeutic
services and support to enable them to attain full recovery and progress towards
being healthy and useful citizens
of the
country.
- Whilst
this recognition has historically framed the attempts to establish existing
services, the efforts at promoting treatment and
recovery have been constrained
by inadequate resource allocations and a culture of opposing philosophical and
practice applications
by staff, some of whom may be committed to punishment
while others define the mission of the institution as rehabilitation.
- Hence,
whereas the Boys Training Center was established in 1976 to offer rehabilitative
services to boys who came into conflict with
the law, the physical plant,
operational and programmatic approach, to date, do not reflect an aggressive
emphasis upon promoting
rehabilitative and social integration outcomes.
- As
stated previously, there is no residential institution for girls who come into
conflict with the law, or who are in need of a temporary
placement pending the
resolution of individual or family related psychosocial situations. Whereas the
Division of Human Services
and Family Affairs is the agency charged with the
responsibility for the investigation and management of child abuse cases and the
consequent monitoring of care and protection related interventions, authority
for regulation of standards of care have not been vested
in this agency. In
addition, the inadequate staffing and allocated resources, impacts upon their
ability to respond, and to expedite
effectively the recovery of
children.
C. Children in situations of exploitation
1. Economic
exploitation (Article 32)
- Children
are protected from economic exploitation in Saint Lucia under the following
Ordinances:
- Child Labor Code
Protection Ordinance No.44 1916 Rev;
- Employment of
Children (Restriction) Ordinance Amendment 1959;
- Employment of
Women, Young Persons and Children Ordinance CAP. (100) 1959;
- Children and
Young Persons Act, 1972;
- The Education
Act 1999.
- The
Labor code specifies the conditions under which children are allowed to work in
Saint Lucia, with exceptions being made to work
in family business enterprises
during specific periods.
- The
Education Act in stipulating compulsory school age supports that children should
remain in school until sixteen years. However,
historically a limited
experience of rural child labor has been documented with reference to
“banana days”. More recently,
the suggestion has been made for
research into child labor in the informal economy in urban areas where the
phenomenon of children
working in trays and as pedestrian sellers both during
and out of school hours is increasingly being observed.
2. Drug abuse (Article 33)
- The
Prevention of Misuse Drug Act of 1988 and its Amendment of 1993 prohibits in
general the sale, use and trafficking of controlled
substances, and makes
specific attempts to protect children from persons attempting to influence
school children. The amendment
of 1993 provides that such an individual found
within 100 yards of school premises may be arrested and charged with a criminal
offense.
- The
Education Act 1999 [173] in stipulation against the “...sale of any
alcoholic beverage or tobacco on the premises of any
educational
institution...” also offers some specific protection to children against
drug trafficking, while on school premises.
In enforcing this provision, the
schools work in close collaboration with the Saint Lucia Police Force,
particularly the Community
Relations Branch.
- Several
schools have indicated via public notices that the premises are “drug free
zones”, and have endorsed peer activities
initiated by clubs and the
Substance Abuse Secretariat within the schools, to promote zero tolerance to
drug use. Collaborative
initiatives with the police, service clubs and
community-based organizations have also been implemented with school children
and
youth to educate and create drug awareness among children. Counseling and
treatment programmes are available to children at the
Turning Point Drug
Rehabilitative Center for those children and youth who are referred for
rehabilitative interventions.
- Hence,
the increased vulnerability of school children to drug use has been recognized
and a sensitivity to address this issue through
law enforcement, treatment and
rehabilitation, and demand reduction strategies is continually
emphasized.
3. Sexual exploitation and sexual abuse (Article 34)
- Sexual
exploitation of children in Saint Lucia is a complex-multi-dimensional problem
with origins in the individual, familial, and
socio-economic and cultural
domains. It is possible to establish that there are several causes and linkage
factors in this phenomenon
that contributes to its occurrence and maintains the
involvement of children in the activities.
- Specific
provisions regarding sexual exploitation of children is contained within the
Criminal Code of Saint Lucia. This Code while
generally consistent with Article
34 of the Convention does not address equally the rights of boys and girls to be
protected from
sexually offences. Additionally, the Code does not prohibit
expressly sexual intercourse with male children; neither does it reflect
specific protection of males against indecent acts, prostitution,
or incest. It also fails to address the issue of pornography as
it relates
to children.
- It
is against these legal deficiencies and in a climate of rapid social change that
practitioners grapple with the task of managing
the increasing number of
reported cases of sexual exploitation and sexual abuse, and advocating for
increased allocation of resources
to address the
problem.
- Despite
the Division of Human Services and Family Affairs having established a central
child abuse registry, there is still a widely
held consensus that the figures
reported do not reflect accurately the true extent of the problem of sexual
abuse and exploitation
in Saint Lucia. This view is premised upon a critique of
the methodology of data collection, as contributing to the difficulty in
accessing the exact dimensions of the phenomenon of sexual exploitation of
children. To the extent that the data collected does
not capture specific
information on the incidence of child prostitution, child pornography, or a
profile of the consumer, in case
recordings, this system of documentation and
data collection makes it difficult to bring a profile and visibility to the
exact dimensions
of the problem.
- Since
the extent of the problem remains largely under-documented, under-researched
and the activity generally invisible, the strategies
employed to prevent
and combat the problem also remain timid in their approaches, and the efforts
beyond public education, still
largely uncoordinated. Consequently, the
empirical evidence–based justification for programming and framing of
national policy
development in this area has been weak, and the data is
frequently discounted as unreliable and as inconclusive evidence in
contextualizing
the scope of the problem.
- Another
element which has impacted upon the process of executing a well coordinated
program in this area of sexual exploitation is
the absence of intra agency
protocols. Consequently, the response efforts have not been characterized by
comprehensive, seamless
coverage of services to the child who is
impacted.
4. Sale, trafficking and abduction (Article 35)
- Provisions
within the Criminal Code (Cap.250) with respect to the abduction of children,
makes references to girls only. Legislation
regarding the sale and trafficking
of minors is also limited in scope when reviewed against the wider definition of
the Convention.
5. Children of minority or indigenous groups
- There
are no indigenous groups or significant minorities within Saint Lucia, which
require the establishment of special protection
measures. All children,
including children of immigrants, are subject to the requirements imposed by the
immigration laws of the
country, and have access to the same basic rights and
freedoms as set forth in the Constitution of Saint Lucia.
D. Summary
- A
review of the legislation, which offers protection of the rights of children
against all forms of exploitation, indicates that there
are several
deficiencies, which should be addressed, and provisions included to enable
improved administrative and judicial management
of new or emergent issues.
Hence some of the reforms which are needed are with respect to equalizing
treatment of male and female
children and making amendments to reflect the scope
of protection envisaged under the Convention against drug trafficking, sexual
exploitation, sale of children, abduction and all forms of
exploitation.
- Several
reform initiatives are in progress, yet there is an urgent need to enhance the
capacity of the social services to respond
to the demands of increasing reports
of child abuse, whilst addressing the nexus of psycho-social, economic, cultural
and political
factors which favour the occurrence of sexual exploitation.
Consistent public education aimed at prevention and encouraging reporting
of
abuse is a critical arm of the effort that must be maintained, in attempt to
reduce the social costs. Training, expanded interventions
and an improved
capacity to collect disaggregated data within an interagency framework are some
of the benchmarks to be applied in
measuring or constructing an improved care
and protection system.
- The
increasing number of juveniles who come into conflict with the law is concerning
in Saint Lucia, but even more critical is the
seriousness and the nature of the
crimes, which are now being committed. The situation of female juvenile
offenders and children
in need of care and protection also begs some urgent
redress particularly if judicial and administrative practices which contravene
the Convention are to be discontinued, and the safety and psychological well
being of children are to be prioritized.
IX. CONCLUSION
- This
report presents both descriptive and analytical summaries of both the
legislative framework to support the implementation of
the Convention, and the
state of implementation of the Convention on the Rights of the Child in Saint
Lucia. Despite those indicated
areas for ongoing attention administratively and
legislatively, it has been agreed upon nationally that the Constitution of the
country and laws of Saint Lucia generally provide a framework for addressing the
needs of children in a manner which is consistent
with the provisions of the
Convention.
- Since
ratification of the Convention and, to date, several regional initiatives have
been introduced to which Saint Lucia has been
a party or indirect beneficiary.
In this current decade (2000) particularly, there has been a wave of legal
reform initiatives within
the country, some of them intended to directly impact
upon the administration of justice to families and children, and to enhance
the
protection and welfare of all children. Notable among these initiatives are the
OECS/CIDA Judicial and Legal Reform Project,
the OECS/UNICEF/NCH Family Law
Reform Project, and the Saint Lucia Civil Law Reform Project.
- Beyond
the judicial processes that are on going, there have also been national efforts
in prioritizing the needs of children and significant
advances in areas of
education and health as a result of the government’s increasing support to
these two strategic social
sectors. An expanded climate of social awareness and
appreciation of child rights as a human rights component has also been
generated,
with the consequence that there has also been an increase in advocacy
for emphasis to be accorded systematically upon recognizing
the rights of
children, and to facilitate through structures, policies and opportunities, the
expression of children’s views.
- The
government of Saint Lucia has been highly accommodating of such a positive
cultural shift and has demonstrated leadership in the
acceptance of children as
a central force, shaping the development of institutions and the nation. Hence,
the role and responsiveness
of government to advocacy, in policy, programming,
resource mobilization and allocation, has been regarded as critical in moving
forward the process of placing children as central in the national agenda.
- Despite
the challenges of coordination and inconsistency in collaboration, the
government of Saint Lucia and the civil society has
successful worked to advance
the issue of child rights. In 2002, the Government of Saint Lucia, in
collaboration the several nongovernmental
agencies, and representatives of the
private sector endorsed and launched the Saint Lucia Chapter of the Global
Movement for Children.
This initiative subsequently gave birth to the official
designation of November 2003-October 2004 as the Year of the Child. Herein
lays
the demonstrated commitment of the Government of Saint Lucia to its children and
its re-affirmation ten year later to pursuing
the achievement of the full
implementation of the Convention on the Rights of the
Child.
Annex I
BIBLIOGRAPHY
Antoine,
R: The Rights of the Child: A Look at Local Legislation in Comparison with
the UN Convention on the Rights of the Child.
Early Childhood Education Services Unit, Ministry of Education, Human
Resource Development, Youth and Sports: Draft National Policy on Early
Childhood Education, Care and Development Services Saint Lucia, May
2000.
Empowerment Consultants, Ltd.: Report on Mid-Term Review (MTR) of UNICEF
Multi-Country Programme of Cooperation with the Government of the Eastern
Caribbean Countries
and Suriname (1998-2002).
Ena Trotman-Stoby: Social Services Delivery in the Organisation of Eastern
Caribbean States and Turks and Caicos Islands. May 2002.
Government of St. Lucia: 1 “Draft Progress Report Towards Attaining
the Goals of the Santiago Accord St. Lucia, (Prepared for the Preparatory
Meeting
to the Fourth Ministerial Meeting on Children and Social Policy),
Grenada, 14-15 October, 1998.
Janet Brown: Third Caribbean Conference on Early Childhood Education,
2000.
Ministry of Education, Human Resource Development, Youth and Sports:
Education Statistical Digest. June 2000.
Ministry of Education, Human Resource Development, Youth and Sports:
Education Statistical Digest, Past Trends, Present Position and Projections
up to 2005. July 2000.
Ministry of Education, Human Resource Development, Youth and Sports:
National Youth Policy, May 2000.
Ministry of Education, Human Resource Development, youth and Sports:
Education Sector Development Plan 2000-2005 and Beyond, Vol. 1.
Ministry of Education, Human Resource Development, youth and Sports:
Education Sector Development Plan 2000-2005 and Beyond, Annexes: B, C, D, E,
F, G, H, I.
Ministry of Finance and Planning: A Final Draft of National Policy on
Health and Family Life Education. July, 1999.
Ministry of Finance and Planning: Government of St. Lucia Estimates
(1994-2002).
Ministry of Health, Human Services, Family Affairs and Gender Relations,
Division of Human Services and Family Affairs: Annual Report of Chief Medical
Officer. 2000.
Ministry of Health, Human Services, Family Affairs and Gender Relations,
Division of Human Services and Family Affairs: Draft Foster Care Adoption
Manual 2001.
Ministry of Health, Human Services, Family Affairs and Gender Relations:
Health Sector Reform Proposal. March 2000.
Ministry of Planning: Draft Plan of Action for the Survival, Protection
and Development of Children, Social Planning Section, Ministry of Planning.
June
1994.
Ministry of Planning: National Housing and Population Census 2001.
Organization of Eastern Caribbean States (OECS): Family Law and Domestic
Violence Reform Initiative “Green Paper”.
Petrus Compton: Laws affecting Children in St. Lucia: Protection of
Children and Young Persons through the Criminal Law.
UNICEF: 1995-1996 Situation Analysis of Children and their Families in St.
Lucia.
UNICEF: Survey on the Rights of the Child (St. Lucia); October
2000.
UNICEF Caribbean Area Office: From Ratification to Implementation
Reporting on Child Rights in the Caribbean. April 2000.
Williams, L.B.: UNICEF Study, Juvenile Justice in the Caribbean: A country
Study St. Lucia 2000.
Annex II
LIST OF LAWS AND ORDINANCES
Adoption
Ordinance, 1954.
A Health Complaints 2000 Draft.
Child Labour Code Protection Ordinance No. 44 (1916) Rev.
Children and Young Persons Act (1972).
Civil Code of Saint Lucia, 1957.
Disaster and Preparedness Act 2000.
Divorce Act, 1973.
Domestic Violence Summary (Proceedings) Act, 1994.
Education Act of 1999.
Employment of Children (Restriction) Ordinance Amendment (1959).
Employment of Women, Young Persons and Children Ordinance CAP (100)
(1959).
Family Nurse Practitioners Act, 1993.
Mental Health Act, 1957.
Public Health Act, 1975.
Public Hospitals (Management) Act, 1973.
Saint Jude Hospital Act, 2002.
Saint Lucia Constitution Order, 1978.
Separation and Maintenance Ordinance, 1956.
Separation and Maintenance (Amendment) Act, 1987.
Sexual Offences Act.
Status of Children Act.
The Affiliation Ordinance and Attachment of Earnings (Maintenance) Act, 1996,
No. 17.
The Attachment of Earnings Act, 1996.
The Domestic Violence (Summary Proceedings) Act, 1995.
The Family Court Act, 1994.
The Hospital Ordinance, 1992.
The Prevention of Misuse Drug Act, 1988.
The Prevention of Misuse Drug (Amendment) Act, 1993.
The Public Health Act, 1975 and Amendments of 1978, 1991.
Water and Sewerage Authority Act, 1974.
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