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Bahamas - Initial reports of States parties due in 1993: Addendum [2004] UNCRCSPR 2; CRC/C/8/Add.50 (28 January 2004)
UNITED NATIONS
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CRC
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Convention on the Rights of the Child
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Distr. GENERAL
CRC/C/8/Add.50 28 January 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 1993
BAHAMAS
[5
June 2003]
GE.04-40188 (E) 040304
CONTENTS
Paragraphs Page
Introduction 1 - 8 4
I. GENERAL MEASURES OF IMPLEMENTATION 9 - 21 5
II. DEFINITION OF THE CHILD (art. 1) 22 - 49 6
III. GENERAL PRINCIPLES 50 - 102 9
A. Non-discrimination (art. 2) 50 - 55 9
B. Best interests of the child (art. 3) 56 - 91 10
C. Right to life, survival and development (art. 6) 92 - 100 14
D. Respect for the views of the child (art. 12) 101 - 102 15
IV. CIVIL RIGHTS AND FREEDOMS 103 - 130 16
A. Name and nationality (art. 7) 103 - 106 16
B. Preservation of identity (art. 8) 107 16
C. Freedom of expression and access to appropriate
information (arts.
13 and 17) 108 - 109 17
D. Freedom of thought, conscience and religion (art. 14) 110 - 113 17
E. Freedom of association and of peaceful assembly (art. 15) 114 18
F. Protection of privacy (art. 16) 115 - 116 18
G. Torture and degrading treatment (art. 37) 117 - 130 18
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE 131 - 203 20
A. Parental guidance (art. 5) 131 - 146 20
B. Parental responsibilities (art. 18) 147 - 162 22
C. Separation from parents (art. 9) 163 - 179 24
D. Family reunification (art. 10) 180 - 184 26
E. Recovery of maintenance for the child (art. 27, para. 4) 185 26
F. Children deprived of a family environment (art. 20) 186 - 190 26
CONTENTS (continued)
Paragraphs Page
G. Adoption (art. 21) 191 - 192 27
H. Illicit transfer and non-return of children (art. 11) 193 - 195 27
I. Protection from abuse and neglect (arts. 19 and 39) 196 - 201 27
J. Periodic review of placement (art. 25) 202 - 203 28
VI. BASIC HEALTH AND WELFARE 204 - 244 28
A. Survival and development 204 - 214 28
B. Disabled children (art. 23) 215 - 225 30
C. Health and health care (art. 24) 226 - 234 31
D. Social security and childcare services and
facilities (art. 26)
235 - 241 32
E. Standard of living (art. 27) 242 - 244 33
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES 245 - 285 34
A. Education, including vocational training and
guidance (art. 28)
245 - 266 34
B. Aims of education (art. 29) 267 - 268 36
C. Leisure, recreation and cultural activities (art. 31) 269 - 285 37
VIII. SPECIAL PROTECTION MEASURES 286 - 351 42
A. Children in situations of emergency 286 - 289 42
B. Children in conflict with the law 290 - 297 42
C. Children in situations of exploitation, including physical
and
psychological recovery and reintegration 298 - 348 43
D. Children belonging to minority or indigenous
groups (art. 30) 349
- 351 49
IX. PRIORITIES FOR IMPLEMENTING THE ARTICLES OF
THE CONVENTION ON THE
RIGHTS OF THE CHILD 352 - 355 49
X. CONCLUSION 356 - 359 50
Introduction
A. The land
- The
Commonwealth of the Bahamas is an archipelago situated in the north-eastern part
of the West Indies. The Bahamas consists of
approximately 700 islands and cays,
as well as more than 2,000 low, barren rock formations. The Bahamas can be
found off the southern
coast of Florida, the United States of America. It
stretches across the Tropic of Cancer and covers 90,000 square miles (about
133,000
sq. km) of ocean in the western Atlantic. The Commonwealth of the
Bahamas has a total land area of 5,382 square miles (13,939 sq.
km).
- The
capital, Nassau, is located on New Providence, which is the most populated
island. The largest of the islands is Andros, which
is 104 miles long and 40
miles wide (167 km long and 64 km wide). Twenty-two of the islands of the
Bahamas are populated. The population
of the islands varies from island to
island; however, the population on the whole has grown
by 2 per cent a year since 1980. The
census report for 1990
indicates the size of the population to be about 254,685, whereas the 2000
census showed that the figure has
increased to 303,611. The Bahamas is a
young nation, with approximately one third of the population aged 18 years or
younger.
- During
the 1970s there was a rural-to-urban inter-island migration. At the centre of
migration was New Providence, where two thirds
of the population live. Grand
Bahama was also another area to which extensive migration occurred and, to a
lesser extent, Great
Abaco.
- New
Providence is approximately 80 square miles in area with a population density
of 2,144 per square mile. Grand Bahama is approximately
530 square miles
in area and, according to the 2000 census report, was home to 16 per cent of the
population, with a population density
of 77 per square mile. The remaining
islands are sparsely inhabited.
B. The people
- The
people of the Bahamas are a mixture of European and African ancestry. European
forebears settled on the land after the extinction
of the Arawak Indians, known
as Lucayans. Most of the population is Christian. The largest Christian
denomination is the Baptist.
The Baptists comprise one third of the population,
while Anglicans and Roman Catholics each constitute approximately one fourth
of
the population. There are also other Christian denominations, including the
Methodist, Pentecostal and Seventh Day Adventist.
- There
are a number of minority groups within the Bahamian society such as Greeks,
Chinese, Jamaicans, Barbadians and Trinidadians.
The Bahamas has for many years
experienced a constant flow of undocumented Haitian nationals who continually
risk their lives to
reach the Bahamas.
- The
Bahamian economy is based mostly on tourism and offshore banking. The
agricultural and industrial sectors are relatively small.
In 2000, the gross
domestic product per capita was $15,774 (Bahamas Handbook
2002).
- The
Bahamas sincerely regrets the delay in fulfilling its reporting obligations
under the Convention on the Rights of the Child (hereinafter
“the
Convention”). The delay should not be interpreted as a lack of commitment
to comply with the Convention. Indeed
the present report will show that the
Bahamas has taken a number of measures to ensure compliance where this was not
already the
case.
I. GENERAL MEASURES OF IMPLEMENTATION
- Measures
are currently being considered in relation to law and policy in order to
harmonize national laws and policies with the provisions
of the Convention where
there are anomalies. There is a constant review of legislation, in particular
the law relating to family
matters, by the Attorney-General’s Office in
consultation with the various government offices and non-governmental
organizations
(NGOs).
- The
2000 census report estimated that there were a total of 38,454 migrants in
the Bahamas, of which 12,997 individuals under the
age of 19 years.
- The
Bahamas faces immense challenges in responding positively to some aspects of the
Convention due to the constant influx and high
percentage of undocumented
migrant population in the country. According to the Department of Immigration,
these are persons who
entered the Bahamas without proper documentation.
Additionally, it is estimated that there are between 30,000 and 40,000
undocumented
migrants residing in the Bahamas. Approximately 85 per cent of
these are Haitians who enter the country by sea. A high percentage
of this
group and their offspring have not been assimilated into the society.
- The
Bahamas Constitution of 1973 states that every person in the Bahamas is entitled
to fundamental rights and freedoms and provides for the protection of
the right
to life, regardless of race, place of origin, political opinions, colour, creed
or sex. The Children and Young Persons
(Administration of Justice) Act, which
was enacted on 18 September 1947, provides for the protection of children from
all forms of
cruelty and exploitation.
- The
Convention, as postulated by the United Nations, acts as a guideline for the
assessment of present laws, policies and services
provided in the Bahamas. It
will be used as a guide in the development and implementation of future laws,
policies and programmes
for the well-being of all children in the Commonwealth
of the Bahamas.
- The
Department of Social Services of the Ministry of Social Services and Community
Development has the responsibility for coordinating
policies relating to
children and for monitoring the implementation of the Convention.
- There
was a collaborative approach to the preparation of the present report reflected
in the establishment of a coordinating committee
comprising representatives from
the relevant government agencies, i.e. the Ministry of Social Services and
Community Development;
the Ministry of Health; the Ministry of Education; the
Ministry of Youth, Sports and Culture; the Ministry of Labour and Immigration;
the Office of the Attorney-General; and NGOs. Representatives of the Church and
the Primary and Secondary School Principals’
Associations were also
included.
- This
committee will be working towards sensitizing the Bahamian populace to the
relevance of the Convention, creating public awareness
of the rights of children
and studying the nature of problems facing them. In this regard, the electronic
and print media will be
utilized. Additionally, the Church and non-profit
organizations will be used to spread the message. This committee will also be
making efforts to alleviate and prevent problems and the causes of such problems
in the Bahamas, as required by the Convention, by
working with various
governmental and non-governmental agencies to develop and implement projects and
programmes to strengthen structural
institutions in the area of childcare.
- Discussions
have begun on the rights of children through the audio, visual and print media,
addressing various interest groups, community
and national bodies, and the
public at large. Such programmes have been and will continue to be sponsored by
the Department of Social
Services in conjunction with other interest groups, and
plans are under way to expand and intensify such programmes.
- All
children in the Bahamas are afforded all the rights and privileges -
educationally, medically, culturally, socially and economically
- of a free
society, regardless of their status, minority or ethnic origin.
- Children
in the Bahamas have access to free education, free medical care, and, in special
circumstances such as broken or deprived
families, due to socio-economic
conditions, the Government provides subsistence where needed.
- In
the case of undocumented migrants, food assistance and other basic items are
provided to their families. Children without parents
are placed in substitute
family care, i.e. foster care., adoption or institutional care.
- Furthermore,
the Ministry of Youth, Sports and Culture established a Cultural Affairs
Division in 1970 to address the needs of children.
The Ministry was mandated to
develop and instil in all Bahamians a greater appreciation for Bahamian culture
and pride by means
of organizing various programmes and projects. This Ministry
also acts as a catalyst for the promotion of expressive arts in the
school
curriculum.
II. DEFINITION OF THE CHILD (art. 1)
- The
legal age for both males and females in the Bahamas is stipulated in the
Minors Act, 1976. Under this Act, a person reaches full
age upon
attaining the age of 18 years. However, in the Bahamas, when one reaches the
age of 18 years, variations exist in several
areas governed by specific
legislation. These are discussed below.
- Under
the Parliamentary Elections Act, 1991, a person is entitled to be registered as
a voter at 18 years of age provided he or she
is a citizen of the Bahamas, of
“full age”, and possessing full legal capacity.
- The
Bahamas Constitution requires that a citizen of the Bahamas who wishes to
renounce his or her citizenship must be 21 years or older.
- The
Constitution also states that a person born outside the Bahamas after 9 July
1973, whose mother is a citizen of the Bahamas, shall be entitled,
upon making
application when he/she attains the age of 18 years and before he/she attains
the age of 21 years, to be registered
as a citizen of the Bahamas.
- The
Education Act, 1962 defines “child” as a person who is not over
compulsory school age. The “compulsory school
age” at that time was
between the ages of 5 and 14 years. Under this Act, it was the duty of parents
to ensure that their
children receive an education. An amendment to this Act in
1996 has raised the school-leaving age to 16 years. The Act further
states
that, with the permission of the Director of Education, a student may be granted
permission to continue attending a secondary
school until he attains the age of
19 years, provided he takes advantage of the educational instruction
available.
- The
Employment of Children (Prohibition) Act, 1939 prohibits the employment of
children. “Child” was defined in the Act
as any person under the
age of 14 years. Under this Act, a child cannot be employed in an industrial
undertaking or in any work
during school hours. The Employment Act was revised
and entered into force on 31 December 2001. Paragraph IX of this Act makes
it
the responsibility of a parent or guardian to ensure that a child is not engaged
in any undertaking that renders him unfit to
obtain full benefit of the
education provided for him.
- The
Employment of Young Persons Act, 1939 prohibits the employment of any person
under 14 years on any ship. Section 59 of this Act
makes it unlawful to employ
a young person under the age of 16 years on a ship, except on a ship which
employs only family members
within the waters of the Bahamas. It also prohibits
engaging a young person in night work in the Bahamas. In this Act, a
“young
person” is defined as anyone who is 12 years and older, but
below the age of 16 years.
- Under
the Education Act, chapter 36, the minister responsible for education has the
power to prohibit or restrict employment of children
where it renders them unfit
to obtain the full benefits of education provided for them. This Act further
states that the minister
may prohibit any employer from employing a child
registered under the age of 16 years in a manner that may be detrimental to its
health. The minister may also impose such restrictions on the employment of
children that are in the child’s best interest.
- Under
the Sexual Offences and Domestic Violence Act, 1991, a “minor” is
defined as a person under 18 years of age.
- A
person under 14 years of age cannot, under the aforementioned Act, be guilty of
rape, procuration, prostitution, incest or unnatural
offences. A child under 16
years of age cannot consent to sexual intercourse. Therefore, a minor between
the ages of 14 and 16
cannot be charged with sexual intercourse, especially if
the young person had no previous conviction of that offence, or if he or
she had
reasonable cause to believe that the person with whom he or she had sexual
intercourse was older than 16 years of age.
- Under
the Children and Young Persons (Administration of Justice) Act, a
“child”
means a person under 14 years of age and a “young
person” someone who has attained the age of 14 years, but is under
the
age of 18 years.
- Under
this Act, no child may be sentenced to imprisonment or committed to prison in
default of payment of a fine, nor may a child
under the age of 10 years be
admitted to an industrial school or held in a place of detention. This Act is
being restructured to
reflect a more compassionate regard for children in
conflict with the law.
- The
same Act also prohibits the imposition of the death penalty on any person who,
at the time of commission of a homicide, was under
the age of 18 years.
- There
is no specified age at which a minor becomes a competent voluntary witness in
court proceedings under the Evidence Act, 1904.
All persons are eligible to
testify unless the court considers that they are incapable of understanding the
questions put to them,
or of giving rational answers to those questions, or of
understanding the nature of an oath because of their tender age.
- The
Liquor Licences Act, 1939, prohibits the sale of any intoxicating liquor to any
person under 18 years of age. Likewise, no person
duly licensed under the
Liquor Licences Act other than a hotel, a proprietary club or a restaurant shall
employ in any capacity whatever
a person under 18 years of age.
- Under
the Liquor Licences Act, a child under the age of 14 years shall not, except
under and in accordance with the provisions of
a special licence granted by the
Licensing Authority, take part in any entertainment on licensed premises.
- Under
the Marriage Act, 1908 a marriage contracted between parties either of whom is
under the age of 15 years is void. Under section
50 of this Act, the Supreme
Court may, upon application of either party to an intended marriage who has
reached the age of 13 years,
but is under the age of 15 years, grant a
dispensation, in which case the intended marriage may be lawfully
solemnized.
- Under
section 32 of the same Act, persons who have reached the age of 18 years may
marry without consent. However, the consent of
a parent or guardian is needed
if the person is under 18 years of age.
- Under
the Pharmacy Act, 1962, no person shall sell arsenic to any person other than a
person of full age. There is no provision prohibiting
the sale of drugs to
minors.
- The
age for recruitment into the armed forces under the Defence Act, 1979, is 18
years. Under the Police Act, 1965, the recruitment
age is 16 years.
- A
will made by any person under 21 years of age is invalid according to section 7
of the Wills Act, 1937.
- By
virtue of the Maintenance of Emigrants’ Children Act, 1923, the Magistrate
has the power to prohibit parent(s) from leaving
the Bahamas if the Magistrate
is not satisfied that the parents have made adequate provision for the
maintenance and care of the
child during their absence.
- Under
the Infants’ Relief Act, 1887, all contracts entered into by an infant (a
person under 18 years of age) for the repayment
of money lent or to be lent or
for goods supplied shall be void.
- Under
the Criminal Law (Measures) Act, 1991, a child or a young person in the Bahamas
cannot be sentenced to flogging.
- Under
the Firearms Act, 1969, it is an offence for a person under the age of 18 years
to purchase, hire, use, carry, accept as a gift
or borrow any firearms or
ammunition.
- Under
section 29 of this Act, no person shall sell or let on hire, give or rent out
any firearm or ammunition to any other person
whom he knows or has reasonable
grounds for believing to be under the age of 18 years and no person shall permit
the use or carrying
of any firearm or ammunition by a person under the age of 18
years.
- Under
the Road Traffic Act, 1958 (amended on 30 December 1988), a person under the age
of 17 years is not permitted to drive a motor vehicle. The legal age for
obtaining
a driver’s licence is 18 years or above. Also, a person who is
under 21 years of age shall not be granted a public service
driver’s
licence.
- Under
the Adoption of Children Act, 1954, an “infant” means a person under
the age of 18 years.
III. GENERAL PRINCIPLES
A. Non-discrimination (art. 2)
- The
Constitution of the Bahamas (art. 15) states that every person in the Bahamas
is entitled to the fundamental rights and freedoms of the individual,
that
is to say, every person has the right, irrespective of race, place of
origin, political opinions, colour, creed or sex, to:
(a) Life,
liberty, security of person and the protection afforded by the law;
(b) Freedom of conscience and of expression;
(c) Protection of the privacy of his home and other property and from
deprivation of property without compensation.
- The
Status of Children’s Act, 2002, states that children born to single
mothers must be considered under the topic “non-discrimination”.
Children born out of wedlock can inherit from the father or the father’s
relatives, if paternity has been acknowledged or
otherwise proven.
- Children
born to single mothers take the mother’s name unless the father
acknowledges paternity by making the necessary declaration
to the registrar of
births.
- By
virtue of the Affiliation Proceedings Act, 1978, amended in 1988, the defendant
may be adjudged by the court to be the putative
father of the child and the
court may make an affiliation order against the father for payment of
maintenance. The mother is ordinarily
the legal guardian and is entitled to
custody of the child. The putative father has a right of access to the child.
Under the 1988
revised Act, an affiliation order shall discontinue after the
child attains the age of 16 years or has died. However, if the child
is engaged
in educational training after the age of 16 years, the court may make an order
that payment be extended to the date the
child attains the age of 21
years.
- Under
the Matrimonial Causes (Summary Jurisdiction) Act, 1978, provision is made for
maintenance of any child and the word “child”
includes a child born
out of wedlock for the purposes of this Act.
- The
Status of Children Act, 2002, states that the relationship between every person
and his father and mother shall be determined,
irrespective of whether the
father and mother are or have been married to each other, and all other
relationship shall be determined
accordingly. In addition, the Inheritance Act,
2002, provides for all children to inherit from the father once paternity has
been
established.
B. Best interests of the child (art. 3)
- The
Children and Young Persons (Administration of Justice) Act, 1987, protects
children from any form of cruelty. Section 17 (1)
of the Act states that if any
person has attained the age of 18 years and has the custody, charge or care of
any child or young person
under that age and wilfully assaults, ill-treats,
neglects, abandons or exposes in any manner likely to cause him unnecessary
suffering
or injury to health (including injury to or loss of sight, or hearing,
or limb, or organ of the body, and any mental derangement),
that person is
guilty of an offence and is liable upon summary conviction to a fine not
exceeding $250 or imprisonment for one year
or both or upon conviction before
the Supreme Court to a fine not exceeding $1,000 or imprisonment for three years
or both.
- For
the purposes of this Act, a parent or any other person legally liable to
maintain a child is deemed to have neglected the child
if he has failed to
provide adequate food, clothing, medical and/or lodging for the child.
- Under
the same Act, any peace officer or any probation officer may take into custody
without warrant any person who, in his view,
commits an offence under the
relevant section of this Act.
- The
Children and Young Persons (Administration of Justice) Act further provides that
any person having reasonable grounds for believing
that any child or young
person is ill-treated or neglected may bring that child before a juvenile court.
If the court is satisfied
that the child is ill-treated or neglected, the court
may order the child or young person to be taken out of the custody, charge
or
care of any person and to be committed to the care of a relative of the child or
young person or some other fit person or institution
named by the court.
- Further,
under this Act, a search warrant may be issued authorizing any peace officer or
probation officer named in the warrant to
search for a child who is suspected of
having been illtreated or neglected within the meaning of the Act.
Social services
- The
Department of Social Services, a government agency, has been the major provider
of social services in the Bahamas since its establishment
in 1964. Prior to
1964, work in this area was conducted by a voluntary body called the Child
Protective Committee. An impressive
range
- of
services have been developed and implemented over the years to meet the needs of
children, individuals and families in distress.
In 1997, all social services
were amalgamated in an attempt to provide such services to the populace in a
more efficient and effective
manner.
- The
Department of Social Services, through its various programmes, seeks to restore,
reinforce and enhance the capacity of the individual
to perform life tasks and
to provide for the protection of all children in the Commonwealth of the Bahamas
regardless of status,
race, culture or ability.
- In
performing its tasks, the Department of Social Services is guided by and follows
the law as stated in the Children and Young Persons
(Administration of Justice)
Act and the Adoption Act.
- Substitute
family care of children who have been deprived of their natural home is provided
by Government-owned institutions as well
as private institutions. Care is also
provided by relatives on a temporary as well as long-term (foster care) basis.
Such provisions
are supported by the Department of Social Services, through
supervision, grants, salaries, manpower and foster care allowance.
- Childcare
institutions provide substitute family care for children from birth to the
age of 18 years. There are 15 established institutional
facilities in
the Bahamas which house children in need of substitute family care; 7 in New
Providence, 7 in Grand Bahama and 1 in
Cat Island. Four of those in New
Providence are Government-owned while the remaining three are privately owned,
with Government
support. The seven homes in Grand Bahama are all privately
owned, but with the shared responsibility of the Government. The facility
in
Cat Island is privately owned, but receives support from the Government.
- The
Department of Social Services provides services for children and their families
under the following six broad programme divisions:
(a) Children and
Family Services Division;
(b) Community Support Services Division;
(c) Student Services Division;
(d) Rehabilitative and Welfare Services Division;
(e) Health Social Services Division;
(f) Childcare Facilities Division.
- Programmes
and services to address basic human needs also include services to ensure the
protection of children and specific programmes
designed to assist the poor and
indigent. Counselling and support services for persons or families with
domestic problems are also
provided.
- The
Children and Family Services Division seeks to ensure that all children in the
Commonwealth of the Bahamas have the benefit of
a physically safe environment
which provides emotional support and security necessary for healthy growth and
development. This division
is divided into four specific units outlined
below.
Child Protective Services Unit
- The
purpose of this Unit is to investigate reported cases of child neglect and abuse
and offers counselling services to parents and
children. The Unit is also
responsible for follow-up services for children who appear to be at risk and for
the removal of children
from homes when necessary.
Child Abuse Unit
- The
primary purpose of this Unit is to investigate reported cases of sexual,
emotional and physical abuse.
Placement Unit
- The
primary purpose of this Unit is to provide substitute family living for children
who have lost their homes as a result of family
breakdown, abuse, neglect or
abandonment.
Family Services Unit
- The
goal of this Unit is to develop the individual’s capacity to perform
constructive life tasks and to enhance and strengthen
family life.
- The
primary purpose of the community Support Services Division is to ensure that
poor and indigent persons in the community have access
to the basic necessities
of food and clothing. Services to the poor and indigent are provided by a
number of programmes outlined
below.
General Assistance Programme
- This
Programme provides food allowance, clothing, and household and personal items to
the aged, invalid, indigent, fire victims and
persons suffering natural
disasters, e.g. hurricanes.
Disability Allowance Programme
- This
Programme provides a cash allowance on a temporary basis for qualified
(medically certified) persons who are 18 years of age
and above.
Work Assistance Programme
- This
Programme provides employment on a temporary basis in a charitable organization
for unemployed men and women. The Programme
was originally designed
specifically for single mothers with dependent children. Over 95 per cent of
the persons on this programme
fall under this category.
- The
relevant statutory provisions relating to compulsory attendance at primary and
secondary schools are set out in sections 26-30
of the Education Act of
1962.
- The
main goal of the Student Services Division is to assist in providing an
environment which would enable the child to derive the
maximum benefits from the
educational opportunities provided by the Ministry of Education.
- The
main programmes provided by the Student Services Division are the National Lunch
Programme and the P.A.C.E (Providing Access to
Continued Education) Programme,
involving individual and group counselling and school visitation.
- The
goal of the National Lunch Programme is to ensure that all socio-economically
disadvantaged school-aged children attending a Ministry
of Education school
receive one third of the recommended daily nutritional requirements, in order to
develop and maintain the healthy
functioning of their bodies.
- The
P.A.C.E. Programme was established in 1969 to offer comprehensive educational,
socio-economic, spiritual, emotional and health-care
services to the pregnant
adolescent/student mothers. These services are intended to improve maternal and
child health care, strengthen
family functioning and ensure that student mothers
have equal access to educational and vocational training in addition to becoming
connected with achievement and the world of work.
- The
Rehabilitative and Welfare Services Division operates in conjunction with the
courts and other helping agencies to constructively
attempt to repair and
improve the client and his/her environment.
- This
Division also has responsibility for the Williemae Pratt Centre For Girls and
the Simpson Penn Centre For Boys, which are juvenile
residential facilities,
designed for the detention and career-training of juvenile offenders, between
the ages of 10 and 16 years.
Offenders are committed to the Centres by the
Juvenile Court under the authority of the Children and Young Persons
(Administration
of Justice) Act. The Centres are structured to provide
programmes for the development of the whole child based on his/her educational,
vocational, religious, recreational, physical and social needs.
- The
Health Social Services Division is an integral part of the Health Care Team with
services provided to individuals and families,
special population groups, and
communities.
- Health
social workers are members of various multidisciplinary groups which provide
services to children and young persons.
- For
example, the Neuro-development Clinic provides follow-up services for infants
and babies at risk. The Child and Adolescent Unit
provides services for
children and young persons with psychological and behavioural problems. There
is also a Family Violence Clinic
which provides treatment to victims of domestic
violence.
- The
Health Social Services Division also has responsibility for the Disability
Affairs Unit. This Unit, formerly the Desk for the
Disabled, was launched in
March 1991, in the Ministry of Youth, Sports and Culture. On 24 August 1992,
the Unit was transferred
to the then Ministry of Housing, Social Services and
National Insurance, now known as the Ministry of Social Services and Community
Development.
- The
establishment of the Unit was a direct result of the efforts by the Bahamas
National Council for Disability, the umbrella organization
for the
disabled.
- This
Unit offers an array of services to many categories of the disabled, including
children. These include:
(a) Individual and group counselling;
(b) Coordination of activities with other government ministries;
(c) Liaison with the Bahamas National Council;
(d) Assisting with monitoring of grants awarded to non-governmental
organizations;
(e) Participating in ongoing research and development of needassessments to
identify financial needs;
(f) Engaging in evaluation procedures to ensure quality services for the
disabled population.
- The
Childcare Facilities Division was formally established
on 10 October 2002 to include all children homes/institutions in
New Providence
and the Family Islands.
- The
purpose of this Division is to ensure the care and protection of children who
have been displaced owing to the death of their
primary caregiver, abandonment,
abuse or neglect.
C. Right to life, survival and development (art. 6)
- The Bahamas
is a signatory to the World Declaration on the Survival, Protection and
Development of Children and while efforts have
been made to implement aspects of
the Declaration, a National Plan of Action for children has not been completed.
The Ministry of
Social Services and Community Development was mandated by the
Government to assume responsibility for the development of the plan.
- Programmes
are being implemented primarily by the health sector to ensure the survival and
healthy development of children.
- In
1993, the infant mortality rate was 20.2 per 1,000 live births. The Ministry of
Health and Environment embarked on a project to
decrease infant mortality rate
by one third within three years. This project included the education of all
women of childbearing
age on the importance of optimal health prior to becoming
pregnant, as well as the importance of early antenatal care for the best
possible outcome of pregnancy.
- In
1992, the infant mortality rate was 24 per 1,000 live births, which was
unacceptably high. Through aggressive measures on the
part of the Ministry of
Health the rate was reduced to 12.3 per 1,000 in 2001. The Ministry
of Health through its National Health
Services Strategic Plan of Action aims to
further reduce the infant mortality rate to 9 per 1,000 live births by the end
of 2004.
- Since
1992, the national programme of immunization against childhood diseases has been
expanded and antiviral treatments have been
made available to AIDS-infected
mothers free of charge so as to reduce the incidence of the transmittal of AIDS
to newborn infants.
- The
Constitution of the Bahamas (art. 16, para. 1) supports the tenet of the
right to life. It states that “no person shall be deprived intentionally
of his life, save in execution of the sentence of a court, in respect to a
criminal offence of which he has been convicted”.
- The
Penal Code of the Bahamas, 1924, outlines general criminal codes regarding
offences pertaining to children. Under section 269
of the Penal Code, any
person who unlawfully exposes, or abandons a child, under 7 years of age, in
such a manner that any grievous
harm is likely to be caused to the child is
liable to imprisonment for
seven years.
- Abortion
is a criminal offence, which carries a penalty of 10 years of imprisonment.
Also, whoever intentionally and unlawfully causes
harm to a living child during
the time of the birth of the child is liable to imprisonment for 10 years.
- The
Penal Code of the Bahamas, under the Law Reform and Revision Act, 1975,
also provides for the offence of infanticide. Section
319 (1) of this Act
states:
“Where a woman by any wilful act or omission causes
the death of her child,
being a child under the age of twelve (12) months, but at the time of the act
or omission the balance of her mind was disturbed by
reason of her not having
fully recovered from the effect of giving birth to the child or by reason of the
effect of lactation consequent
upon the birth of the child, then,
notwithstanding that the circumstances were such that but for this section the
offence would have
amounted to murder, she shall be guilty of felony, to wit, of
infanticide, and may for such offence be dealt with and punished as
if she had
been guilty of the offence of manslaughter of the child.”
D. Respect for the views of the child (art. 12)
- With
regard to the development of the child, the Minister of Education is empowered
under the Education Act to promote the education
of the people of
the Bahamas by the progressive development of schools and other educational
establishments devoted to that end.
The purpose of such development is to
enable the children of the Bahamas to understand their privileges and
responsibilities as
members of the community, to contribute to the progress and
wellbeing of the Bahamas by the full development of their natural
abilities,
and to earn an adequate livelihood as adults.
- In
a court of law in the Bahamas, all persons arc competent to testify unless
the court considers that they are prevented from understanding
the questions put
to them, or from giving rational answers to those questions or from
understanding the nature of an oath by reason
of “tender years”,
extreme old age, disease or any other cause of the same kind. By “tender
years” is meant
children who are very young and cannot, therefore,
understand the real meaning of right and wrong.
IV. CIVIL RIGHTS AND FREEDOMS
A. Name and nationality (art. 7)
- The
Births and Death Registration Act, 1929, revised in 1975, states that every
child born alive must be registered within 21 days
after such birth, at which
time, the child’s name and other particulars of birth are recorded at the
Registrar General’s
Department. In the case of the birth of an
illegitimate child, the legislation states that the father cannot give
information concerning
the birth of a child, nor can his name be registered as
father of such child without the mother’s consent.
- Under
the Constitution, every person born in the Bahamas after 9 July
1973, date on which the Constitution became effective, shall become a citizen of
the Bahamas at the date of his birth, if, at that date, either of his
parents is a citizen
of the Bahamas.
- Article
7, paragraph 1, of the Constitution states that “a person born in
the Bahamas after 1973, neither of whose parents is a citizen of
the Bahamas, shall be entitled,
upon making application on his
attaining the age of eighteen (18) years or within
twelve (12) months thereafter, in such manner as
may be
prescribed, to be registered as a citizen of the Bahamas”.
However, if he is a citizen of some other country he must
renounce
his citizenship of that other country.
- Under
article 8 of the Constitution, “A person born outside the Bahamas
after 9 July 1973 shall become a citizen of the Bahamas
at the date of his birth if, at
that date, his father is a citizen of
the Bahamas.” Article 9 (i) provides that “not withstanding
anything contained
in article 8 of the Constitution, a person born
legitimately outside the Bahamas after 9 July 1973, whose
mother is a citizen of the Bahamas, shall be entitled upon
making
application or his attaining the age of eighteen (18) years and before he
attains the age of twentyone (21) years, in such
a manner as may be prescribed,
to be registered as a citizen of the Bahamas”. However, if he is a
citizen of some country
other than the Bahamas, he shall not be entitled to
be registered as a citizen of the Bahamas unless he renounces his
citizenship
of that other country.
B. Preservation of identity (art. 8)
- Although
there is a procedure in place to have births registered within a specified
period of time, this is not always complied with.
The Births and Deaths
Registration Act, 1987, provides for this to be done in a
supplementary register if done within two years
after birth. After this period,
an affidavit must be secured and registered to ensure citizenship.
C. Freedom of expression and access to
appropriate
information (arts. 13 and 17)
- The
Constitution of the Bahamas protects the right of all people to freedom of
expression. This freedom includes freedom to hold opinions, to receive
and
impart ideas and information without interference, and freedom from interference
with one’s correspondence (art. 23, para.
l).
“Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention
of this article to the extent that
the law in question makes provision, which is reasonably required, in the
interest of defence,
public safety, public order, public morality or public
health, or for the purpose of protecting the rights, reputations and freedoms
of other persons, preventing the disclosure of information received in
confidence, maintaining the authority and independence of
the courts, or
regulation telephony, telegraphy, posts, wireless broadcasting, television,
public exhibitions or public entertainment;
or which imposes restrictions upon
persons holding office under the Crown or upon members of a
disciplined force, and except so far
as that provision or, as the case may
be, the thing done under the authority thereof is shown not to be reasonably
justifiable in
a democratic society”
(art. 23, para. 2).
- Members
holding office under the Crown or disciplined force may also be prohibited from
disclosing information they may have come
across in the course of their
duty.
D. Freedom of thought, conscience and religion (art.
14)
- Article
22, paragraph 1, of the Constitution of the Bahamas protects the right of
all persons to freedom of conscience. This freedom includes freedom of thought
and of religion,
freedom to change one’s religion or belief and freedom,
either alone or in community with others, and both in public and in
private, to
manifest and propagate one’s religion or belief in worship, teaching,
practice and observance.
- Except
with his consent (or, if a person is under the age of 18 years, the consent of
his guardian) no person attending any place
of education is required to receive
religious instruction or to take part in or attend any religious ceremony or
observance if that
instruction, ceremony or observance relates to a religion
other than his own.
- No
person shall be compelled to take any oath which is contrary to his religion or
belief or to take any oath in a manner which is
contrary to his religion or
belief.
- Article
22, paragraph 5, of the Constitution further provides, however, that
“nothing contained in or done under the authority of any law shall be held
to be inconsistent
with or in contravention of this article to the extent that
the law in question makes provision which is reasonably
required:
(a) In the interest of defence, public safety, public
order, public morality or public health; or
(b) For the purpose of protecting the rights and freedoms of other persons,
including the right to observe and practise any religion
without the unsolicited
interference of members of
any other religion, and except so far as that provision or, as the case may
be, the thing done under the authority thereof, is shown
not to be
reasonably justifiable in a democratic society”.
E. Freedom of association and of peaceful assembly (art.
15)
- Article
24 of the Bahamas Constitution protects the rights of all citizens to
assemble peacefully. This means every person has a right to assemble freely and
associate
with other persons and, in particular, to form or belong to any
political party, or to form or belong to trade unions or other associations
for
the protection of his interests.
F. Protection of privacy (art. 16)
- The
Constitution of the Bahamas makes provision for the protection and right of
privacy.
- Article
21, paragraph 1, of the Constitution of the Bahamas states that no person
shall be subjected to the search of his person or his property or the entry by
others on his
premises. This article contains a provision which states that
“nothing contained in or done under the authority of any law
shall be held
to be inconsistent with or in contravention of this article to the extent that
the law in question makes provision
which is reasonably
required:
(a) In the interest of defence, public safety, public
order, public morality, public health, town and country planning, the
development
of mineral resources, of the development or utilization of any other
property in such a manner as to promote the public benefit;
(b) For the purpose of protecting the rights and freedoms of other
persons;
(c) To enable an officer or agent of the Government of the Bahamas, a local
government authority or a body corporate established
by law for public purposes
to enter on the premises of any person in order to inspect his premises or
anything thereon for the purpose
of any tax, rate or due or in order to carry
out work connected with any property that is lawfully to those premises and that
belongs
to that Government, authority or body corporate, as the case may be;
or
(d) To authorize, for the purpose of enforcing the judgement or order of a
court in any civil proceedings, the search of any person
or property by order of
a court or the entry upon any premises by such order, and except so far as that
provision or, as the case
may be, the thing done under the authority thereof, is
shown not to be reasonably justifiable in a democratic society”.
G. Torture and degrading treatment (art. 37)
- No
child may be subjected to torture or other cruel, degrading treatment or
punishment in the Bahamas.
Children deprived of their liberty
- If
a child or young person admits to an offence or the court is satisfied that it
is proven, and the court decides that a remand is
necessary for purposes of
inquiry or observation, or the parents are incapable and no suitable relatives
can be found, the young
person may be sent to an industrial school or a place of
detention.
- No
child under the age of 10 years may be held in a place of detention.
- The
Children and Young Persons (Administration of Justice) Act makes provision for
arrangements to be made for preventing a child
or young person while detained in
a police station or while being conveyed to or from any criminal court, from
associating with an
adult who is charged with an offence other than an offence
with which the child or young person is jointly charged. The Act also
provides
that a female child while waiting, detained, or transported should be under the
care of a female.
- Where
a person under the age of 18 years is apprehended and cannot be brought to court
quickly, that person shall be released on bail
unless the charge is one of
homicide or some other grave crime or unless it is necessary in the interest of
such person to remove
him from association with any undesirable person or unless
the office has reason to believe the release of such person would defeat
the
ends of justice.
Access to prompt services
- A
provision is made in the Children and Young Persons (Administration of Justice)
Act for the court to order parents to pay a fine,
instead of the child or young
person.
- No
child may be sentenced to imprisonment or be committed to prison in default of
payment of a fine, damages or costs.
- No
child may be sentenced to imprisonment if he can be suitably dealt with in any
other way, i.e. probation, fine, etc.
- The
death sentence may not be pronounced on or recorded against a person convicted
of an offence, if at the time when the offence
was committed the person was
under 18 years of age.
- Where
a child or young person is convicted of attempted murder or of manslaughter or
of wounding with intent to cause grievous bodily
harm, the court may sentence
the offender to be detained for such period as may be specified in the law.
- Where
a child or young person is charged with any offence, other than homicide and the
court is satisfied that the charge is proven,
the court may make an order
discharging the offender conditionally.
- Further,
the Government of the Bahamas recognizes the fact that juveniles have certain
rights that must be protected under the law.
To this end, the Children and
Young Persons (Administration of Justice) Act was passed in 1947, with several
subsequent amendments,
the most recent being in 1987.
Protection of juveniles against unlawful arrest and
detention
- When
an offence is committed by a juvenile, the case is heard by a Juvenile Panel.
Such cases are held in camera. At these hearings
the Magistrate receives advice
from the panel. Social workers are also present and are allowed to give input
as to what steps should
be taken regarding a particular case.
- Juvenile
offenders are placed at a detention facility called Simpson Penn Centre for boys
and Williemae Pratt Centre for girls, if
they are deemed to be uncontrollable by
their parent(s) or if found guilty of an offence, and their parents cannot
adequately supervise
them. These centres are separate and apart and they are
also separate from Her Majesty’s Prison, which is for adult offenders
only.
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
A. Parental guidance (art. 5)
- The
Matrimonial Causes (Summary of Jurisdiction) Act, 1987, states that no court in
the Bahamas shall make absolute a decree of divorce
or of nullity of the
marriage or grant a decree of judicial separation, unless the court is satisfied
that arrangements will be made
for the welfare of every child named in the
petition. Section 72 (1) of this Act applies to any minor child of the family,
i.e.
under the age of 16 years or receiving instruction at an educational
establishment or undergoing training for a trade, profession
or vocation.
Welfare in relation to a child includes the custody and education of the child.
The court may make such order as it
considers fit for the custody and education
of any child under the age of 18 years.
- Under
section 74 (1) the court may make an order to provide for the child under the
supervision of an independent person, if desirable.
- Under
the same Act, provision was made for weekly payments of $15 for each child of
the family. This Act was since amended on 15
April 1988, to provide for
“such sum” as the court may determine if and for so long as the
child is under the age of
18 years or if the child is a dependent over the age
18 years.
- Under
the Maintenance of Emigrant Children’s Act, 1923, the Magistrate has the
power to prohibit a parent from leaving the Bahamas
(art. 1).
- If
a child has to be removed to a safer environment by the Department of Social
Services or the police, the parent or parents of that
child must be notified by
the aforementioned Department immediately.
- Greater
efforts are being made to dispel the notion that a parent may do whatever he/she
wants with his/her child without recourse.
Information, programmes, workshops,
seminars and “theme months and weeks” have all been presented in the
past to deal
with child welfare matters. However, the results have been
discouraging, as attendance among the targeted population was generally
poor.
Nevertheless, the Government will intensify its efforts in future to help
disseminate pertinent information on child welfare
matters and to educate the
public on the provisions of the Convention.
- Additionally,
efforts are being made to promote effective and humane principles in parental
guidance and discipline and these shall
be promoted in an effort to reduce
lawlessness and antisocial behaviour as well as to curb disrespect for the law
and authority.
- Programmes
have been produced by the Department of Social Services for the dissemination of
information about parental responsibilities
through various means, e.g. media,
workshops, public speeches and “monthly and weekly theme” events.
Brochures, leaflets
and posters are also used in the distribution and
dissemination of such information. Additionally, parent education classes have
been organized and social workers in the Department have been trained to conduct
these sessions.
- To
further strengthen the family, the Department of Social Services previously
hosted a radio programme, which was aired every fortnight.
The programme was
called “Improve Your Family Life”. This programme discussed various
topics pertaining to the family
and family life. On 26 September 2002 the
Ministry of Social Services and Community Development replaced the Programme
with a new
programme called “Bridging the Gap” which is aired every
fortnight for one half hour on each occasion. “Bridging
the Gap”
was implemented to inform and educate the public on the work of the Ministry of
Social Services and Community Development
and discuss other social issues.
- Closer
ties to create greater cooperation between the judicial system and the
Department of Social Services are being pursued in an
effort to reduce
delinquency among parents. Parents are required to attend counselling sessions
and/or parenting classes by the
court and staff of the Department of Social
Services.
- Social
partnerships, i.e. the churches and civic organizations, are being encouraged to
address the concern of effective parental
guidance. To this end, a National
Parenting Skills Programme is being organized and the public is encouraged to
participate.
- The
family is recognized as the fundamental unit of society; therefore, the rights
and responsibilities of parents and the extended
family to provide guidance for
the child are respected.
- Children
under the age of 18 years represent approximately 35 per cent of the total
population.
- In
view of the youthfulness of the population, there is understandably a serious
concern regarding the ability of parents to provide
proper guidance to their
children. There is a concern that such guidance is not always forthcoming,
particularly in respect of male
children, where the mother or female is the head
of the household.
- Some
Bahamian parents hold the view that they have the right as parents to control
their children in any manner they deem fit and
proper. Corporal punishment is a
disciplinary measure that many parents utilize. The Children and Young Persons
(Administration
of Justice) Act states that “if any person who has
attained the age of eighteen years and has the custody, charge or care of
any
child or young person under that age wilfully assaults, ill-treats, neglects,
abandons or exposes him, or causes or permits him
to be assaulted, ill-treated,
neglected, abandoned or exposed, in a manner likely to cause him unnecessary
suffering or injury to
health (including injury to or loss of sight, or hearing,
or limb, or organ or the body, and any mental derangement), that person
shall be
guilty of an offence and shall be liable upon summary conviction to a fine not
exceeding two hundred and fifty dollars or
imprisonment for one year or both,
or, upon conviction before the Supreme Court, to a fine not exceeding one
thousand dollars or
imprisonment for three years or both”.
- In
1990, the Ministry of Education introduced family life education as part of the
curriculum for secondary schools. It was felt
that this course would assist in
preparing young persons for adulthood as well as their role as
parents.
B. Parental responsibilities (art. 18)
- It
is the primary responsibility of parents to personally raise their children;
however, if there is a problem the State provides
assistance where
necessary.
- In
the Bahamas, parents, whether married or not, are considered by Statute Law as
well as society as being primarily responsible for
childcare.
- According
to Statute Law, both parents are expected to share responsibility for the child,
and are thus responsible for his/her upbringing
and nurturing.
- Unwed
parents are both obliged morally to provide the necessities for a child.
Legally, however, they do not share equal rights of
access to the child and,
unless the father has signed the application for inclusion of his name on the
birth certificate, the child
is given the mother’s surname. The father
is, however, required by law to provide financial support for the child.
- When
parents are delinquent and disregard their parental responsibilities towards
their young children, the State may intervene to
ensure that responsibilities
and obligations towards the child are carried out. The Department of Social
Services is responsible
for investigating all complaints that are brought to its
attention.
- The
current laws of the Bahamas make a distinction between children born in wedlock
and those out of wedlock. The law recognizes
legally married parents as having
equal rights to, and joint responsibility for, children of the marriage. In
respect of children
born out of wedlock, the mother is legally recognized as the
sole guardian.
- Provisions
are made, under the Affiliation Proceedings Act, chapter 119, for the
maintenance of children born out of wedlock. Mothers
can make application to
the court requesting maintenance from the fathers of their children. This often
involves a long, tedious
process on the part of the mothers, particularly in
respect to having their applications heard. An application order is made
against
a person who refuses to satisfy the court that he is unable to make the
required payment for maintenance, hence, his salary, is garnished
in accordance
with the order.
- The
Department of Social Services assists the court in difficult circumstances
involving families, by providing social assessments
to determine the problem and
select the best solution, which will be in the best interest of the child. If
rehabilitation is not
successful after counselling with parents, the child may
be removed from the care of his/her parents and substitute family care may
be
secured.
- The
Child and Family Services Division through its Child Protective Services Unit
also investigates reported cases of children at
risk. These cases include child
neglect, abuse and abandonment. Counselling services for parents and children
and alternative care
are also offered. Alternative care may be provided by
relatives, foster care, adoption placement or institutional care. Any of
these
may be considered, depending on the circumstances and the nature of the case.
If it is found to be necessary to remove children
from the care of their
parents, this action may be taken.
- To
further ensure the best interest of the child, a representative from the Child
and Family Services Division is a member of the
SCAN (Suspected Child Abuse and
Neglect) Programme. This Programme is one of the key initiatives developed and
put in place by the
Ministry of Health to strengthen family health nationwide.
This approach recognizes that no single individual or group working alone
can
effectively address the complex problem of child abuse. Members of this
multi-disciplinary, multisectoral team include staff
from various agencies and
ministries.
- Contributions
from all members of the team guarantee for each “atrisk” child a
continuity of care. This further helps
to ensure that no abused child
“slips through the cracks” and gets lost in the system and thereby
fails to receive the
level and quality of care needed. With this protocol in
place, each abused child is now able to access needed help through an
established
process, which also provides for ongoing monitoring.
- The
Placement Services Unit screens prospective foster-parents and adoptive parents
as well as oversees the placement of children
and provides follow-up care of
children in foster and adoptive homes. Counselling services for foster-parents
and children are also
available. This Unit is also responsible for ensuring
that all foster-children receive a weekly allowance to help cover the cost
of
care. Foster care allowance and clothing allowance are provided according to
age, ability and need.
- The
Family Services Unit is responsible for investigating cases of family conflicts
and family breakdowns. Whenever there is conflict
involving custody matters,
the best interest of the child is taken into consideration. The Family Services
Unit also assists with
voluntary child maintenance from delinquent fathers or
mothers where necessary. However, the Unit advises the parties concerned
to
seek legal action for mandatory child support through the court.
- Cases
in which mothers refuse to maintain their children financially are the
exception. The Family Services Unit also prepares reports
for Domestic and
Supreme Courts as the need arises. These may relate to domestic matters as well
as those matters pertaining to
child custody. This Unit also assists in
attaining visitation rights for fathers when mothers attempt to withhold this
privilege.
Workers in this area also provide counselling to parents and
children in an effort to resolve family conflicts.
- The
Community Support Services Division provides economic support to parents with
dependent children in need of food, clothing and,
to a lesser degree,
shelter.
- To
strengthen the family, other forms of assistance, such as the Work Programme,
was designed to assist persons, particularly females
with dependent children.
Participants work temporarily for a salary, pending permanent employment.
Additionally, the General Assistance
Programme provides food, clothing and
disability allowance on the basis of need.
C. Separation from parents (art. 9)
- In
Bahamian society, the environment in which a child is expected to live is the
natural environment with both parents. If, however,
it is proven that this
environment may be detrimental to the healthy, physical and emotional growth and
development of that child,
then the child should be separated from its
parents.
- While
the laws of the Bahamas recognize the right of the child to know and be cared
for by its parents, the child can be removed from
its parents by an act of the
Juvenile Court, where it is deemed necessary, in the best interest of the
child.
- The
Children and Young Persons (Administration of Justice) Act, outlines the
conditions which could result in the child being removed
from its parents.
- Any
person having reasonable grounds to believe that a child is being ill-treated or
neglected may bring such a child before the Juvenile
Court and the Court, if
satisfied, may order the child to be removed and held in a place of safety while
further investigations are
conducted.
- The
Department of Social Services, acting in accordance with the Children and Young
Persons (Administration of Justice) Act, chapter
55 (1), and the Adoption of
Children’s Act, chapter 172, is responsible for the removal,
placement and monitoring of the child
once he/she is removed from the care of
his/her parent(s). The best interest of the child becomes the primary concern,
the utmost
priority and the guiding principle in such cases.
- Whenever
the court requests an investigation, the Department of Social Services may be
called upon to facilitate the task. In addition
to this, the Department may be
called upon to present reports before the court as the need arises. This may
all be done in an effort
to decide what is a suitable environment in which a
child may be raised.
- Upon
completion of the investigation, the court may return the child to the parents,
if the court is satisfied that the risk to the
child no longer exists, or it may
order the child to be removed and placed in the care of a fit person for a
specified period of
time, up to 18 years. This is provided the fit person
consents to the care of the child. The fit person could be a relative of
the
child, the Government minister responsible for child welfare matters, or some
other person deemed fit by the court.
- Parents
should be notified of the application for the removal of their child/children
and have a right to attend the proceedings and
provide a defence. In the event
a child is removed, parents can petition the court to have the order
revoked.
- Whenever
separation occurs, parents are encouraged to maintain contact. This is so,
especially when the child is placed in the care
of either relatives or an
institution. In certain circumstances, contact may be denied if it is felt that
this is not in the best
interest of the child.
- It
is always in the best interest of a child to place him/her in familiar/similar
environment to which he/she is accustom. He/she
may be removed from his
parental home and be placed in a temporary home while suitable accommodation is
being sought. If this proves
to be impossible, a foster home, an adoptive home
or childcare institution may be considered as an alternative.
- Children
placed in institutions are allowed visits by parents, relatives and others.
Such visits must be requested through the Department
of Social Services, which
will alert the place of safety and make the necessary arrangements.
- Where
there are instances of cruelty or ill-treatment, measures that are deemed
necessary for the protection of the child may be taken
by the courts to prevent
reoccurrence. In such cases, parents are told of the pending separation and
both parents and child/children
are counselled in preparation for the
separation.
- A
court action against parents, charging them of the offence of neglect, abuse or
abandonment, must then be pursued to support action
taken. Parents are informed
and required to appear before the court to present their case.
- All
actions are undertaken based on the ruling and advice of the court. Officers
from the Department of Social Services and, in some
instances, the
Attorney-General’s Office may represent the child and/or the Department of
Social Services in these instances.
- Cases
involving adoption are guided by the Statute Law; therefore, consent from
parents must be obtained. If a parent cannot be located
to give consent or if
consent is withheld, the application is still placed before the court. The
court has the power to dispense
with the consent of parents on several grounds -
i.e. the parent or parents cannot be located or are unreasonably withholding
consent.
Correspondence through affiliated agencies might occur, especially in
those instances where parents reside in another country.
- Where
matters of custody arise, an investigation is carried out. Custody is generally
given to the parent who is able to provide
a more caring, stable and healthy
environment, where the child stands to benefit and achieve a more socially
rounded, physically
healthy and emotionally stable personality. Visiting rights
are extended to the parent not having custody.
- Although
the best interest of the child is the guiding principle, in certain instances,
the Bahamian legal system also protects the
rights of parents. However,
consideration will be given to this aspect of the rights of children in the
Bahamas in keeping with
the principles of the Convention.
D. Family reunification (art. 10)
- Statute
law in the form of the Children and Young Persons (Administration of Justice)
Act, encourages the reunification of parents
with their children, especially
those who might have been placed in substitute family homes. Children who have
been adopted are
the exception. By law, adoption is irrevocable.
- It
is a policy that when families break down, children are placed in an environment
that is going to provide a bastion of hope and
encourage success.
- As
was stated previously, the objective of the Department of Social Services is to
restore, reinforce and further enhance family functioning
so that family
reunification may become a reality for those who are served.
- To
achieve this objective, the Ministry of Social Services and Community
Development has a bi-monthly educational and informative
radio programme geared
towards the strengthening of family life and discussing issues pertaining to the
family.
- Talks
on the work of the Department of Social Services are given regularly to various
interest groups and to governmental and non-governmental
organizations in order
to create a greater awareness among the community of ways of strengthening the
family.
E. Recovery of maintenance for the child (art. 27, para.
4)
- By
virtue of the Affiliation Proceedings Act, 1978 and the revised Act in 1988, the
Court may adjudge the defendant to be the putative
father of the child and the
court may make an affiliation order against the father for payment of
maintenance. The mother is ordinarily
the legal guardian and is entitled to
custody of the child. The putative father has a right of access to the child.
Under the 1988
revised Act, an affiliation order shall not continue after the
child attains the age of 16 years or has died. However, if the child
is engaged
in a course of education or training after age 16 years, the Court may make an
order that payment be extended to the date
the child attains the age of 21
years.
F. Children deprived of a family environment (art. 20)
- As
stated earlier, the court, if it is satisfied that a child is ill-treated or
neglected, may remove such child from the custody,
charge or care of any person
and commit that child to the care of a relative of the child or some other fit
person or institution
named by the court, until the child or young person
attains the age of 18 years or for any shorter period.
- The
court may, of its own accord, or on the application of any person from time to
time by order, renew, vary or revoke such order.
- Also,
where the parent or guardian of a child or young person proves to a juvenile
court that he/she is unable to control the child
or young person, the court, if
satisfied, may order the child or young person to be sent to a place of
detention, or may order him
to be placed, for a specified period not exceeding
three years, under the supervision of a probation officer, or some other person
appointed for this purpose by the court.
- Measures
are in place to provide protection for a child who is temporarily or permanently
deprived of his/her family environment.
- The
Bahamas has a formal as well as an informal system of foster care and adoption
placement.
G. Adoption (art. 21)
- Adoption
is recognized and allowed in the Bahamas and is governed by the Adoption Act
(chap. 172) of the Statute Laws of the Bahamas.
An applicant, or in the case of
a joint application, one of the applicants must:
(a) Have attained
the age of 25 years and be at least 21 years older than the infant in respect of
whom the application is made;
(b) Have attained the age of 18 years and be a relative of the infant;
or
(c) Be the mother or father of the infant.
- The
consent of the parent or guardian is needed for an adoption order. However,
once passed, the child may not be removed from the
applicant(s) by a parent(s)
who has (have) already consented, while the application is pending.
H. Illicit transfer and non-return of children (art.
11)
- In
1993, the Bahamas became a party to the Hague Convention on the Civil Aspects of
International Child Abduction of 1980.
- Recently,
legislation was introduced in the Bahamas to give effect to this Convention, the
International Child Abduction Act, 1993.
- The
central tenet of the Hague Convention is that children should be returned to
their State of habitual residence if they have been
wrongfully removed
therefrom. It seeks to protect children by safeguarding the relationships which
they actually have with those
exercising care over them. It does this by
protecting rights of custody attributed to a person, institution or other body,
either
jointly or alone, under the law of the State in which the child was
habitually residing immediately before his/her removal or retention.
I. Protection from abuse and neglect (arts. 19 and 39)
- Provision
is made in the Children and Young Persons (Administration of Justice) Act to
ensure that children in the Bahamas are protected
from abuse and neglect.
- As
mentioned above, the Department of Social Services is the government agency
charged with responsibility for ensuring the protection
and well-being of
children in the Bahamas. Social workers attached to the Department
investigate reported cases of abuse, neglect
and abandonment, and action is
taken where it is deemed necessary to ensure that the best interest of the child
is protected.
- The
Sexual Offences and Domestic Violence Act ensures the protection of children
from sexual abuse and exploitation.
- Reported
cases on the incidence of child abuse tend to fluctuate. In July 1997, a
National Child Abuse Hotline was established at
the Department of Social
Services in an effort to encourage the reporting of cases of child abuse on a
24-hour basis. Unfortunately,
this service is underutilized by the public. The
Department is seeking to determine the reasons for this and take appropriate
action.
The National Child Abuse Prevention Committee was recently appointed
after one year of inactivity, and part of its mandate is to
increase public
awareness of child abuse and recommend measures for its prevention.
- Efforts
are regularly made by social workers and the Crisis Centre to sensitize the
public to the effects of child abuse and neglect.
However, child abuse is of
uttermost concern to the Government of the Bahamas and to other persons in the
helping profession.
- The
Crisis Centre continues to work diligently with the public regarding the heinous
crime of child abuse.
J. Periodic review of placement (art. 25)
- While
there are no legislative provisions for the periodic review of placement of
children in homes, this is a policy of the Placement
Unit of the Department of
Social Services, as this is inherent in social work practice.
- In
1989, the Department of Social Services created the position of Childcare
Assistants and engaged, on a voluntary basis, a cadre
of retired public servants
who are given the responsibility to monitor the situation of all children in
foster homes. They are expected
to make monthly visits to assist with the
proper supervision of children in foster homes. Visits by the
Department’s personnel
are made on a regular basis as well. Information
pertaining to guidelines 17 and 18 is not readily available.
VI. BASIC HEALTH AND WELFARE
A. Survival and development
- The
Government of the Bahamas is responsible for the survival and development of
children through the Ministry of Health and Environment.
- The
Health Services Act contains provisions for ensuring the public health of the
country. The health of the nation’s children
is a high priority of the
Government. The health policy identifies the strengthening of special services
to mothers and children
as one of its priority programmes, as the Government
seeks to achieve the regional goal of “health for all” as set by
the
World Health Organization.
- Primary
and secondary health care are provided free of charge to all children
under 14 years of age who are residing in the Bahamas.
These services
include health monitoring, surveillance, and preventative, curative and
rehabilitative care. Health services are
provided to children over the age of
14 years and adults at a token cost at any government facility. No one is
denied medical care
because of his/her inability to
pay.
- The
Special Care Baby Units at the two main government hospitals, Princess Margaret
Hospital in Nassau, and the Rand Memorial Hospital
in Freeport, Grand Bahama,
offer a high standard of neonatal resuscitation and infant care. There is at
present an ongoing training
programme funded by the Pan-American Health
Organization in neonatal resuscitation for medical and nursing personnel, who
are involved
in the care of newborns.
- The
personnel at the aforementioned units were also trained in the protection,
promotion, implementation, management and support of
breastfeeding among new
mothers. A 1988 survey found that only 2 per cent of all mothers were
breastfeeding their newborn babies.
The United Nations Children’s
Fund funded a project aimed at increasing the number of mothers
who breastfeed exclusively for
the first four months to 10 per cent by
1995. In 1997, this figure rose from 2 to 6.9 per cent, and continues to
improve.
- The
Infant Mortality Reduction Project was implemented in 1993, and is having
considerable success. As was mentioned previously,
by 2001, the infant
mortality rate was reduced to 12.3 per 1,000 live births.
- The
primary health-care system is well developed throughout the Bahamas. Baby
clinics render services to infants aged 1 month, 3
months, 5 months, 7 months, 9
months, 12 months, and yearly until the age of 5 years.
- The
Bahamas has had an established immunization programme for many years.
Children are immunized against diphtheria, polio, tetanus,
measles, mumps
and rubella. The most recent vaccination against homophiles influenza B
(meningitis) has been added to the immunization
schedule. Immunization levels
nationally are reported to be 90 per cent for children below 5 years of
age. Children are not admitted
into the school system unless their
immunizations are completed.
- The
primary health-care system continues to develop additional services to address
the needs of adolescents. School health services
have been offered for many
years to children in the Ministry of Education schools in Grades 1, 6 and 10.
General health screening,
as well as screening for acute emotional problems, is
conducted by nurses and doctors on the school premises. The health team has
a
mobile clinic. Community nurse practitioners and medical doctors also make
weekly visits to these schools to deal with children
in need of medical
attention. Referrals to the relevant secondary care facilities are implemented
as required. Free dental services
are also available to school children in the
aforementioned grades.
- Providing
Access to Continued Education (PACE) which is currently attached to the Ministry
of Social Services and Community Development
is assisted by the Ministry of
Health and the Ministry of Education. This ensures that girls who become
pregnant while still in
school have access to continued education, while
simultaneously receiving antenatal and post-natal care, family planning
services,
nutritional education and parent-craft classes. Every effort is made
to return the students to the school system, after the birth
of their babies.
The Adolescent Health Clinic, which is located in School Lane, New Providence,
was. established in 1997. Staff
include a medical doctor, a psychologist, and
the coordinator of the Adolescent Health Centre. Services offered include
antenatal
and post-natal care, for teenage mothers.
- Since
the establishment of the Adolescent Health Centre, the services have been
extended to include family planning, well baby care,
immunization and other
medical services. These services are offered Mondays through Fridays. There
are satellite clinics for teenage
mothers at the four major polyclinics, namely,
Flamingo Gardens, Fleming Street, Elizabeth Estates and South Beach, in New
Providence
and clinics in the various populated areas in the Family Islands and
Grand Bahama.
B. Disabled children (art. 23)
- The
2000 Census Report found that there are 15,146 disabled persons in the Bahamas.
The information provided is, however, mainly
quantitative and does not provide
information on the specific details of the disabled population. Additionally,
the findings of
the report are also limited by the fact that they were based on
the respondent’s interpretation and assessment of his/her disability
or
level of disability. The Disability Affairs Unit of the Ministry of Social
Services and Community Development in conjunction
with the Ministry of Education
plans to embark on a national survey to determine the exact status of the
disabled population in the
Bahamas and how their needs can be met.
- Educational
opportunities are available to children with disabilities on a limited basis.
Special schools include:
(a) The Salvation Army School for the
Blind located in New Providence, which accommodates 12 children and young
adults, aged 5 to
21 years. The Government provides an annual grant for the
salaries;
(b) The Stapledon School for the Mentally Retarded, a public facility in
New Providence, is an all-age school which can accommodate
up to 140
children and young adults between the ages of 5 and 22 years. Special projects
include gardening, animal husbandry, poultry-rearing,
ceramics and craft. One
hundred and three students are currently registered and attending this
school;
(c) Every Child Counts is a privately owned and operated facility on the
island of Abaco;
(d) The Centre for Deaf Children, a public facility in New Providence,
accommodates up to 70 children and young adults aged 2½
to 20 years;
(e) The Hopedale Centre is a privately owned and operated facility, located
in New Providence. Its facility provides academic and
vocational training
for 40 children and adults;
(f) The Beacon School for Exceptional Children is located on Grand Bahama
Island and is also a public facility which accommodates
90 children between the
ages of 6 and 16 years. The facility primarily caters to children who are
mentally retarded;
(g) A special class for autistic children is attached to Garvin Tynes
Primary School, a public facility in New Providence.
- The
geographical features of the Bahamas present challenges to ensuring that
services for children with handicaps are decentralized.
The majority of
services are available on the two most populated islands.
- The
location of special schools on only three islands of the Bahamas presents a
difficulty for physically and mentally challenged
children who live on other
islands as they are required to leave their homes and families, if they are to
take advantage of the services
of these schools.
- There
are no established residential facilities in either New Providence or Grand
Bahama for children from the islands, hence those
who do attend special schools
have to reside with either relatives or friends of the family. There are
parents who cannot afford
to send their children to the aforementioned islands
for education and training, as well as those who have no relatives or friends
able to provide the necessary accommodation.
- Additionally,
there are still some parents, particularly on the Family Islands, who view
disability as a stigma and consequently deny
their children the opportunity to
be educated and trained.
- In
addition to the special schools, some public schools have facilities for
disabled children, particularly the deaf. Wherever possible,
efforts are made
to integrate disabled children into the regular school system.
- In
March 1991, the Government of the Bahamas granted approval for the establishment
of a Disability Affairs Unit. This was in response
to the World Programme of
Action concerning Disabled Persons and in pursuance of the objectives of the
United Nations Decade of Disabled
Persons 1983-1992, to ensure that the goals of
“full participation” and “equality” are achieved.
- On
11 June 1999, the report of the National Task Force on Disability was presented
to the Government. This report was compiled by
a task force from both the
public and private sectors. The report has now been submitted to the Office of
the Attorney-General and
will be utilized to formulate legislation to ensure the
rights of persons with disability.
- Financial
assistance for the medically certified and the permanently disabled is provided
by the National Insurance Board, which was
established on 7 October 1974, by an
act of Parliament. However, disability assistance is provided to young persons
aged 16 years
and older only. Various pressure groups are agitating for this
assistance to be available to all disabled children.
- The
Ministry of Health, in collaboration with a private voluntary organization, the
Crippled Children’s Committee, is currently
undertaking a project to
identify the unmet needs of the Family Islands, but emphasis is placed
especially on children with disabilities
in Abaco, Eleuthera and Long
Island.
C. Health and health care (art. 24)
- The
Ministry of Health and Environment is responsible for the health needs of the
nation. Services are provided through three public
facilities, Princess
Margaret Hospital, Sandilands Rehabilitative Centre, which includes the
Geriatric Hospital located in New Providence,
and the
- Rand
Memorial Hospital in Freeport, Grand Bahama. Additionally, the Ministry
operates approximately 118 community clinics throughout
New Providence and the
Family Islands, to address the health needs of adults as well as children.
- For
specific services provided to children and mothers, see paragraphs 204-214
above.
- No
effort has been spared to ensure that the children of the Bahamas live healthy
lives. Since 1992 these efforts have included the
expansion of public health
generally and a national oral hygiene programme.
- In
addition to its headquarters in New Providence, the Department of Environmental
Health Services has qualified environmental officers
located on 10 Family
Islands so as to better monitor health risks to the general public.
- The
steady reduction in infant mortality rates attests to the commitment of the
Bahamas to ensuring the right to life and the healthy
development of all
children.
- The
developments in the delivery of health care have included upgrades in staff,
facilities and equipment to the benefit of patients,
doctors, nurses and other
health-care professionals and support staff.
- The
continued expansion of community health-care clinics, throughout the country
have contributed to making adequate health care accessible
to and affordable for
all.
- Additionally,
legislation was enacted in 2000 to regulate health professionals and healthcare
facilities in an effort to ensure that
quality care and services are provided
for all persons, including children.
- The
primary health-care system continues to develop additional services to address
the needs of adolescents. School health services
have been offered for many
years to children in the Ministry of Education schools in Grades 1, 6 and 10.
General health screening,
as well as screening for acute emotional problems, is
conducted by nurses and doctors on the school premises. The health team has
a
mobile clinic. Community nurse practitioners and medical doctors also make
weekly visits to these schools to deal with children
in need of medical
attention. Referrals to the relevant secondary care facilities are implemented
as required. Free dental services
are also available to schoolchildren in the
aforementioned grades.
D. Social security and childcare services and facilities (art.
26)
- The
National Insurance Board administers the social security scheme of the Bahamas.
The Board was established on 7 October 1947 by
an Act of Parliament. The
National Insurance Act 1972, provides pecuniary payments in respect of sickness,
invalidity, maternity,
retirement, death, industrial injuries, medical care and
social assistance for insured and other persons not qualifying for such
payments
as a right.
- A
survivor’s benefit is payable to dependent children of the deceased
parent(s); however, the deceased must have made at least
150 contributions to
the scheme prior to his/her death.
- A
survivor’s assistance, on the other hand, is granted whether the parent(s)
made contributions to the system or not. This
assistance is not automatic; a
social history report is required to determine the need.
- Children
include legitimate, illegitimate, adoptive and stepchildren who are
under 16 years of age. If the child is between 16 and
18 years of age
and receiving full-time training or education, the benefits will be
continued.
- Where
a surviving spouse qualifies for a survivor’s benefit, payment in respect
of dependent children cannot exceed five children.
Where there is no qualifying
spouse, payment may be made in respect of a maximum of 10 children. Where the
children are deemed
to be orphans, payment can be made to an unlimited number of
children.
- The
rate of payment for independent children is 10 per cent of what the deceased was
entitled to for retirement or invalidity benefits
or a minimum payment of $75.00
per month. For orphans, the minimum payment is $75.83 per month.
- The
Board also provides a monthly invalidity assistance payment to children
aged 16 years and older, who are medically certified as
being
permanently disabled. As indicated previously in the report, pressure groups
have been agitating for this payment to be made
in respect of all disabled
children.
E. Standard of living (art. 27)
- The
Community Support Services Division provides financial support to parents with
dependent children in need of food, clothing and,
to a lesser degree, shelter.
To strengthen the family, other forms of assistance, such as the Work Programme,
were designed to assist
persons, particularly females with dependent children.
Participants work temporarily for a salary, pending permanent employment.
Additionally, the General Assistance Programme provides food, clothing and
disability allowance on the basis of need. The Placement
Services Unit screens
prospective foster and adoptive parents, oversees the placement of children and
provides follow-up care of
children in foster and adoptive homes. Counselling
services for foster-parents and children are also available. The Unit is also
responsible for ensuring that all foster-children receive a weekly allowance to
help cover the cost of care. Foster care allowance
and clothing allowance are
provided according to age, ability and need.
- There
is an established minimum wage in the Bahamas which is fixed as
follows:
(a) If the employee is employed by the week the minimum
wages shall be 150 dollars per week;
(b) If the employee is employed by the day the minimum wages shall
be 30 dollars per day;
(c) If the employee is employed by the hour the minimum wages shall
be 4 dollars per hour.
- The
Department of Statistics 2001 report indicated that the labour force for the
entire Bahamas was 164,675. Included in this figure
are 153,310 employed
persons and 11,365 unemployed persons, resulting in an unemployment
rate of approximately 6.9 per cent.
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
A. Education, including vocational training and guidance (art.
28)
- There
is no entrenched right to education under the Constitution of the Bahamas. The
law relating to education is found in the Education Act, 1962, chapter 36 of the
Statute Law of the Bahamas.
The general principle in this is that pupils are to
be educated in accordance with the wishes of their parents, having regard to
the
available resources and whether it is compatible with the provision of efficient
instruction and training.
- The
educational system is organized in three progressive stages known as primary,
secondary and tertiary education. It is the duty
of the Ministry of Education,
so far as resources permit, to contribute towards the spiritual, mental and
physical development of
the community, by ensuring that education throughout
these stages is made available to meet the needs of the population. Previously,
the compulsory school age for all children was between 5 and 14 years. The
Education Act was amended on 13 November 2001, and the
compulsory school age, is
now raised from 5 to 16 years. The Act also provides for guaranteed educational
loans from financial institutions
for students wishing to study at approved
institutions.
- Primary
and secondary education is available free to all, in public (government) schools
throughout the Bahamas. However, there are
a number of private primary and
secondary schools operated primarily by religious denominations, which provide
education for a fee.
All private schools receive a financial grant from the
Government of the Bahamas.
- In
expanding educational opportunities and improving the quality of education in
the Bahamas, an increasing demand is made on public
expenditure. The largest
share of the national budget is allocated to education.
- During
the 2002-2003 budget year, the sum of $24,386,932 was allocated to the
Ministry of Education. Capital expenditure accounted
for $20,029,081 and
personal emoluments and allowances for $5,254,558. Aside from this amount, the
Department of Education was granted
$135,576,089.
- The
Ministry of Education is committed to the provision of adequate manpower and
training for the delivery of quality education to
students. At the end of the
1997/98 school year, there were a total of 45,152 students and 2,935
teachers.
- In
1993, the Government of the Bahamas provided an option for competent experienced
and dedicated educators to continue teaching beyond
the age of 60 years to that
of 65 years. It was felt that this would encourage the smooth continuation of
teacher resources. Additionally,
this age was also extended, depending on the
speciality of the subject taught by the individual teacher.
- A
combination of new Bahamian teachers trained at the College of the Bahamas and
universities abroad and veteran teachers strengthens
the present teaching
force.
- It
is the duty of all parents to ensure the education of their children. If a
child of compulsory school age who is a registered
pupil at a school fails to
attend regularly, the parent of the child shall be guilty of an offence under
section 29 (Part 1) of the
Education Act.
- To
encourage good behaviour, senior officials of the Ministry of Education, school
administrators, teachers and parents have prepared
a booklet on rules and
procedures for creating safe schools. This booklet, without violating the
student’s rights, stipulates
consequences for misbehaviour.
- The
programme “Success Ultimately Resources Everyone” (S.U.R.E.) accepts
chronically ill-behaved children from secondary
schools in order to help them
develop selfesteem, instil interest in learning and experience a sense of
accomplishment. Students
return to their respective schools after they
demonstrate improvement in their behaviour.
- Other
disciplinary measures used by schools include:
(a) Suspension for a
short period of time for serious offences;
(b) Detention, which requires students to spend extra time in class studying
or receiving instruction under the supervision of a
teacher;
(c) Participation in special programmes and projects conducted by guidance
counsellors.
Technical and vocational education
- Technical
and vocational training is offered in response to the same type of needs as
those which give rise to the delivery of the
three Rs, which are reading,
writing and arithmetic in the schools.
- Programmes
in the Building Trade Cluster, Food Cluster, Home Economic Programmes,
Management and Tourism, Business Crafts, Electronics
and Computer Studies
continue to be offered as options.
- The
schools continue to make significant contributions in the area of education by
continuing to provide options of studies in cluster
courses.
- In
staff development, selected teachers in Home Economic and Industrial Arts
received training in level one of the Teachers’
Training Programmes
sponsored by the World Bank Project. Home Economics teachers, also in
collaboration with the hotel establishment,
are invited to work in hotels during
the summer holidays “to gain hands on experience”.
- Provision
is made in the Education Act for the establishment of institution for further
education of children over compulsory school
age. To this end, the college of
the Bahamas, a Government-sponsored institution established in 1974, is housed
on one campus situated
on
- New Providence
Island and offers a wide range of programmes leading to Advanced Level General
Certificate of Education (G.C.E.) London,
and baccalaureate degrees in social
work, education, banking, nursing and hotel hospitality. There are now
extension campuses in
Freeport, Grand Bahama, Exuma and Abaco. The College of
the Bahamas also has a Centre for Continuing Education and Extension Services,
situated in New Providence. Courses offered are designed for personal
development and at the end of 1999, 42 courses were being
offered, some of which
included cake decorating, interior decoration, public speaking, and marketing
for small businesses.
- Another
institution, the Industrial Training Centre, which commenced on 28 April 1980,
offers a variety of programmes for school-leavers,
young adults and individuals
who may wish to develop certain professional or technical skills. The Centre
was renamed the Bahamas
Technical and Vocational Institute in 1995.
- The
Bahamas Technical and Vocational Institute offers instruction in construction,
mechanical, service trade, along with electrical
installation. Courses may be
taken on a full-time or part-time basis. Full-time courses are completed in two
years. In the 1997/98
training year, a total of 41 courses were offered,
ranging from automotive industry, business, equipment repair, drapery and
decorative
cushion manufacturing.
- The
Eugene Dupuch Law School was established in September 1998 and offers Bar
programmes. The school is one of three law schools
of the Council of Legal
Education.
- The
Technical Cadet Corps is a three-year programme attached to the Ministry of
Education and sponsored by four corporations. It
began when the Bahamas
Telecommunication Corporation, Bahamas Electricity Corporation and Water and
Sewerage Corporation and the
Broadcasting Corporation of the Bahamas were all
part of the Ministry of Consumer Affairs. It was based on a cabinet decision to
further assist students who have reached the 10th through the 12th grade
and wish to participate. Students in this programme meet
after school on the
premises of the Bahamas Technical and Vocational Institute and are taught
technical subjects by instructors who
are not part of the educational system.
There are approximately 300 students enrolled in this programme. (see Report on
the Technical
Cadet Corps Programme).
- The
Bahamas Baptist Community College was established in New Providence in September
1995. Courses are offered at the Associates'
Degree Level in a number of
subject areas, some of which include computer science, accounts, law, sociology
and psychology. This
institution is recognized by the Ministry of Education and
is affiliated with a number of recognized colleges and universities in
North
America. Additional tertiary-level institutions include Success Training
College, which was established in May 1982, and Sojourner
Douglas College, which
was established in September 1989.
B. Aims of education (art. 29)
- Under
the Education Act, 1962 the primary purpose for educating the children of the
Bahamas is to allow them to understand their privileges
and responsibilities as
members of society. If they are to contribute to the progress and well-being of
the Bahamas, they too must
be fully developed in relation to their natural
abilities, thereby enabling them to earn an adequate living as adults.
Goals of education in the Bahamas
- Consistent
with the Government’s philosophy and mission, several goals have evolved
for the development of education in the
Bahamas. These
include:
(a) The provision of opportunities for a sound liberal and
general education, which provides possibilities for all persons in the
Bahamas
to attain full development of their potential;
(b) The pursuit of excellence at all levels of the educational system.
Emphasis is being placed on the continued expansion of appropriate
forms of
education and training for children with special needs and the pursuit of
excellence at all levels of the educational system;
(c) The pursuit of knowledge that will allow the nation to keep abreast of
new trends and techniques in education;
(d) The encouragement of a knowledgeable appreciation for the physical
environment, and the cultural and sound heritage of the Bahamas;
(e) The development of appropriate attitudes, values and behaviours that are
consonant with the Bahamian ethos;
(f) The development within our society of an understanding of the role of
education in nation-building;
(g) The development of communitywide education for young people and adults
to encourage the wise use of leisure time, which leads
to individual
satisfaction and a meaningful life for all;
(h) The improvement of manpower resources of the country;
(i) The continued expansion of appropriate forms of education and training
for those with special needs;
(j) The encouragement of the choice and acceptance of those ideals of
conduct and endeavours that are valued by a democratic Christian
society;
(k) The pursuit of those ideals that will promote peace and unity
internally, and between the Bahamas and other nations;
(l) The recognition that education is a lifelong process.
C. Leisure, recreation and cultural activities (art.
31)
- The
Ministry of Youth, Sports and Culture was created in July 1977 as a consequence
of the Government’s thrust towards the development
of the nation’s
youth. This Ministry is
charged with the development of people through sporting activities and
community programmes. Special emphasis is placed on youth
development through
various programmes related to the inculcation of self-reliance and
self-sufficiency.
- In
an effort to fulfil its mandate, the Ministry of Youth, Sports and Culture has
been compartmentalized into: (a) the Youth Division;
(b) the Sports Division;
and (c) the Cultural Affairs Division.
- The
philosophy of the Sports Division is to ensure the rights of, and provide an
opportunity for, every Bahamian to enjoy the benefits
of participating in
wholesome recreational activity, whether at a highly competitive level or at a
purely recreational level.
- The
Sports Division is guided by the principle that opportunities must be made
available to all Bahamians residing in all the islands
of the archipelago.
- The
following activities are offered:
(a) Elisha Obed Boxing
Championship (target date: 7-12 April): This is a developmental programme
catering to schoolchildren aged
10-18 years;
(b) Bahamas Inter-collegiate Sports Association: The Association sponsors
basketball, volleyball and inter-collegiate sports activities.
These various
events are held throughout the year, and targets male and female athletes
between the ages
of 17 and 25 years;
(c) 20th Annual Primary Track and Field Championships (target date: 7-9
May): This is a developmental programme for primary school
track and field
athletes from throughout the Bahamas;
(d) Certification Course in Life Guarding (target date: 12 and 13 June):
This is a training and certification course in water safety/life-saving
procedures;
(e) Community Track and Field Championships (target date: 12 and 13 June):
This is a communitywide recreational track and field
meet for business houses,
hotels, government ministries and masters division for senior citizens;
(f) Annual Summer Sports Programme (target date: 7 July-8 August): Hosting
of development camps and use of all the facilities at
the Queen Elizabeth Sports
Centre/Blue Hills in the following disciplines: basketball; soccer, track and
field; baseball; swimming;
boxing; volleyball; and cycling;
(g) Community Swim Championship (target date: 21 and 22 August): This is a
community recreational programme in swimming similar
to that of the Community
Track and Field Championships;
(h) Primary Schools Basketball Championships (target date: 20-27 October):
This event is the culmination of a primary schools district
basketball
tournament, featuring the various Islands champions;
(i) 19th Annual Father Marcian Peters Basketball Tournament (target
date: 712 December): This is an event hosted by the Ministry as a
national basketball tournament for boys and girls throughout the
Bahamas.
- In
addition to these annual sporting events, the Ministry of Youth, Sports and
Culture partners with local federations and associations,
as well as with the
Ministry of Education, to provide wholesome recreational activities for young
people and the general public.
These activities include: carifta, boxing,
track and field athletic events, swimming, and Caribbean regional games catering
to
the under-20s.
- These
games are put on by the Bahamas Association of Athletic Associations and the
Bahamas Swimming Federation. This year’s
teams (2003) for all areas of
competition comprise over 100 young people. Game competitions were held in
Trinidad and Tobago and
Barbados during the month of April.
- The
Hugh Campbell Basketball Tournament is held in February-March annually. The
tournament caters to high school males under the
age of 20. Teams from the
various schools in New Province, Grand Bahama and the Family Island compete for
the championship.
- The
Catholic High Invitational is held in February-March annually and attracts
senior boys and girls of different age groups.
- A
number of sporting facilities have been developed in the Bahamas over the years.
These include:
(a) The Queen Elizabeth Sports Centre which includes
the Thomas A. Robinson Track and Field Stadium, the Andre Rogers Baseball
Stadium
and Netball Courts and the Betty Kelly Kenning Swim Complex;
(b) The South Beach Pools;
(c) The Baillou Hills Sporting Complex which consists of softball and
baseball fields as well as basketball and tennis courts;
(d) The Kendal G. L. Isaacs Multi-purpose Gymnasium which was officially
opened in July 1994.
- There
are approximately 55 parks and playgrounds and 40 basketball courts within
various communities in New Providence and numerous
parks and playing fields
within the Family Islands.
- The
Sports Division has been successful in the evolution of sports and recreation as
a powerful instrument of socialization among
the children of the Bahamas.
- A
duty is imposed upon the Minister of Education under the Education Act to ensure
that the facilities for primary and secondary education
provided by him/her
include facilities for recreation and for social and physical training.
Therefore, for that purpose he/she may
establish, maintain and manage or assist
in the establishment, maintenance and management of camps, holiday classes,
playing fields,
playing centres, playgrounds, gymnasiums and other places at
which facilities for recreation and for social and physical training
are
available for persons for whom primary, secondary and further education is
provided.
- Non-governmental
organizations, including religious denominations and civic groups, offer
structured activities for children and young
adults. These include youth groups
and uniformed organizations.
- The
Cultural Affairs Division was established in 1972. As a result of a new thrust
on cultural development, the Ministry of Youth,
Sports and Culture has been
mandated to further develop and create within all Bahamians a greater
appreciation for Bahamian culture
and pride, by means of various programmes and
projects.
- The
following programmes are offered by the Cultural Affairs
Division:
(a) National Arts Festival - A competitive festival which
includes the disciplines of music, drama, dance arts and crafts. During
2000
there were approximately 41,000 participants from 13 islands in the Bahamas and
New Providence. The annual festival is held
continuously during March, April
and May;
(b) National Poetry Competition - This competition climaxes in July during
independence celebrations. The work of participants from
around the Bahamas is
adjudicated, and an awards ceremony held in the Ballroom of Government
House;
(c) Theatre in the Park - This is an attempt to bring music, drama and dance
to the people. It is held on the parks located in the
various constituencies in
Nassau and Freeport. Performances are held three times a year;
(d) National Dance School - The school has been in existence since 1974. It
has a student body of approximately 120. The three
full-time teachers and one
part-time teacher offer ballet lessons, modern dance, and ethnic and tap
dance;
(e) Summer Dance and Drumming Programme - The Programme runs for five weeks
during July and August, at the end of which a grand closing
production is held.
It usually attracts 170 to 200 participants (the maximum capacity of the
school). In order to attract more
participants drumming (African, Bahamian,
Afro-Caribbean) is taught;
(f) UNESCO Project - The Cultural Affairs Division has a permanent
representative on the UNESCO Committee which meets at the Ministry
of Education.
Recently, three of the cultural affairs officers were given a grant to research
Bahamian oral traditions sponsored
by UNESCO, while another project, research
into Bahamian folk songs, has been submitted to UNESCO for approval and
funding;
(g) Cultural Grants - Numerous financial grants have been given to deserving
associations/individuals to assist with various cultural
projects and
activities. These grants have varied, depending on the size, budget, demands,
standing, etc. of the grantee. As little
as $500 has been awarded, with grants
rarely exceeding $10,000 the following is a list of some of the grantees:
− L. W. Young Senior High School Music Department
(producing a compact
disc) $3,000
− Patty Glinton Meicholas/Culture Group $10,000
− Freeport Players $5,000
− College of the Bahamas Music Club $1,000
− Bahamian Students Association of the University of
the West Indies -
Goat skin drums and cowbells $3,000
− Cat Island Cultural Association (rake and scrape
homecoming) $3,000
(h) Junior Junkanoo, Junkanoo Boxing Day
and New Years Day Parades - The Cultural Affairs Division is actively involved
in the organization
and administration of these parades along with the National
Junkanoo Committee. The Division is also working on the establishment
of a
national Junkanoo commission and renders assistance to Family Island communities
in the form of workshops, materials or advice;
(i) National Junkanoo Competition - This competition is offered to
participants throughout the Bahamas and consists of various categories
such as a
“belling” competition, “drumming” competition, and
numerous compos. Participants from the Family
Islands are flown to Nassau for
the national finals which are still held in December of each year, although the
competition has now
been integrated into the National Arts Festival;
(j) Assistance given to other ministries - Cultural affairs officers
frequently sit on the planning committees of other government
ministries to
advise on matters pertaining to culture. The following are examples:
(i) Bahamas Electricity Corporation - Fortieth Anniversary Celebrations;
(ii) Royal Bahamas Police Force - International Police Conference;
(iii) Ministry of Education - Magnet School for the Performing Arts
Committee;
(iv) Ministry of Tourism - Numerous Committees;
(v) Department of Archives - Slave Route Project Committee;
(vi) Ministry of Labour, Immigration and Training - Cultural Committee;
(vii) Ministry of Health - “Say No to Drugs Ad Committee”, First
Conference on Environmental Health and Sustainable Tourism
Development in the
Caribbean;
(viii) Broadcasting Corporation - Numerous committees;
(ix) Cabinet Office - Assistance is given annually in the planning of
cultural and religious activities in celebration of Bahamian
independence;
(x) Office of the Attorney-General - Cultural presentation at a regional
legal conference;
(xi) Central Bank of the Bahamas - Cultural presentation for twenty-fifth
anniversary celebrations.
- The
Dundas Centre for the Performing Arts was established in the early 1940s to
encourage the performing arts of the Bahamas through
local plays and training.
This Centre is not attached to the Ministry of Youth, Sports and
Culture.
VIII. SPECIAL PROTECTION MEASURES
A. Children in situations of emergency
1. Refugee children
(art. 22)
- Politically
speaking, refugee children do exist in the Bahamas.
- In
economic terms, the Bahamas is host to a large number of immigrants, whose
children also require access to social services.
- In
the case of refugee children in the Bahamas, children are sent to a place of
safety (pending further action), i.e. a substitute
family home, e.g. an
emergency shelter or an established children’s home, pending the outcome
of the case against parents,
or their repatriation. If at all possible,
children are allowed to remain with their parents until arrangements are made
for them
to be repatriated. Early repatriation is arranged for children who are
not travelling with their parents.
2. Children in armed conflicts, including physical and
psychological
recovery and social reintegration (art. 38)
- This
situation does not apply to the Bahamas.
B. Children in conflict with the law
- The
court makes provision for a child or young person while detained in a police
station, or while being taken to or from any criminal
court, from associating
with an adult (not being a relative) who is charged with any offence other than
an offence with which the
child or young person is jointly charged. The court
also ensures that a girl (a child or young person) shall, while being detained
or taken away, or waiting, be under the care of a woman.
- Whenever
a person under the age of 18 years is apprehended, with or without warrant, and
is not quickly brought before a court the
officer to whom such person is brought
shall inquire into the case and may, in any case, unless:
(a) The
charge is one of homicide or other grave crime;
(b) It is necessary in the interests of such person to remove him/her from
association with any undesirable person; or
(c) The officer has reason to believe that the release of such person would
defeat the ends of justice,
release such person with or without sureties, for such amount as will, in the
opinion of the officer, secure the attendance of the
person.
- If
a person under the age of 18 years has been arrested, he shall be detained in a
place of detention until he can be brought before
a court unless the officer
certifies that by reason of his state of health or his mental or bodily
condition it is inadvisable to
detain him.
- Whenever
a court remands or commits a child or young person for trial who is not released
on bail, it shall, instead of committing
him to prison, commit him to the
custody of the centres for boys and girls.
- In
the case of a young person, it shall not be obligatory on the court so to commit
him if the court certifies that he is of so unruly
a character that he cannot be
safely so committed, or that he is of so depraved a character that he is not a
fit person to be so
detained.
- If
a child is not charged jointly with any other person, he/she would sit in a
different building or room from the ordinary court
sittings.
- Where
a child or young person is charged with any offence, or is for any other reason
brought before a court, his parent or guardian
may in any case, and shall, if he
can be found and resides within a reasonable distance, be required to attend at
the court before
which the case is heard or determined during all the stages of
the proceedings, unless the court is satisfied that it would be unreasonable
to
require his attendance.
- Whenever
a child or young person is convicted of an offence punishable, in the case of an
adult, with penal servitude or imprisonment,
the court may order that he be
committed to custody in a place of detention for a period not exceeding six
months.
C. Children in situations of exploitation, including
physical
and psychological recovery and reintegration
- Child
labour in the Bahamas is addressed in the Constitution of the Bahamas under the
fundamental rights and freedom section. Additionally, the Employment of the
Children Prohibition Act and
the Employment of Young Persons Act also address
this subject.
- Children
are given constitutional and legal protection from economic exploitation.
- The
Minister of Education may prohibit or restrict employment of children under the
age of 18 years if he is of the opinion that employment
is prejudicial to their
health or would render them unfit to obtain the full benefit of the education
provided for them.
- Any
person who employs a child is guilty of an offence and liable to a fine or
imprisonment.
- As
was stated previously in the present report, the Employment of Young Persons Act
also prohibits the employment of any young person
under the age of 14 years on
any ship or the employment of young persons in night work in the
Bahamas.
Drug abuse (art. 33)
- The
Bahamas continues to address the issue of controlling the problem of drug abuse
and drug trafficking throughout the many islands
of this archipelago.
- Drug
trafficking still persists, despite the vigilance of Bahamian law enforcement
agencies and the cooperative efforts of the United
States law enforcement
agencies (Police Report, 2002).
- In
April 1984, the Government of the Bahamas appointed a Task Force on Drug Abuse.
This unit was expected to assess the prevalence
of drug trafficking and the use
and abuse of drugs in the Bahamas; explore areas of cooperation between the
community, Church and
other programmes so as to increase their overall
effectiveness; and make recommendations to the Government on the nature and
extent
of a drug abuse control programme. This Task Force was also mandated to
educate the public, particularly the adolescent population,
on the hazards of
drug abuse. The National Drug Council was also appointed by the Cabinet in
February of 1985.
The Drug-Free Achievers Programme
- This
Programme was established to assist in the fight against drugs among the youth
of this nation. Members of this group are skilled,
very energetic and
enthusiastic, and focus on encouraging peers to lead drug-free lives. These
young persons were the 1989 recipients
of the Commonwealth Youth Service Award.
Their outreach activities are many and varied, ranging from entertaining primary
school
students to AIDS education for teenagers.
Peer Leadership Programme (PLP)
- This
Programme consists of yet another group of young persons who responded to the
growing concerns of the many youths involved in
drugs.
I’m Special Programme
- This
Programme was designed for students in grades 1 through 6. The focus of this
dynamic approach is on helping young children feel
good about
themselves.
Teens With An Attitude
- The
Ministry of Youth had a call-in-show for teenagers called “Teens With An
Attitude” which began in October 1989. This
Programme was an innovative
community service venture. It capitalized on the fact that teenagers enjoyed
listening to each other.
It also provided the community with a great deal of
information on available resources and services. The Programme also featured
young persons who were active participants in positive ventures (the Ministry of
Youth is in the process of reactivating the Programme
shortly).
- Below
are the organizations/institutions that assist in the fight against drug
abuse.
(a) Sandilands Rehabilitation Centre
- This
Centre has responsibility for the Substance Abuse Ward which was established
in 1970, and which consists of three specific units,
namely, the
Detoxification Unit, the Lignum Vitae Unit and the Humblestone
House.
- The
Detoxification Unit was established in 1980. This Unit is the first phase of
the treatment approach to substance abuse. The
therapeutic milieu is provided
by a multidisciplinary team of professional caregivers. It serves a 28bed unit
with accommodation
for male and female clients seeking recovery from substance
addiction.
- The
Lignum Vitae Unit, which was established in 1980, provides the second phase of
the inpatient treatment for clients who are adversely
affected by substance
abuse. This is the intense phase of the substance abuse treatment programme,
which is approximately four to
six months. The bed complement is 29, of which
20 beds are for the male population and 9 for the female population.
- The
Humblestone House is the second phase of inpatient treatment in rehabilitation
for individuals wishing to abstain from alcohol.
The goal is to rehabilitate
alcoholics so that there is a change of lifestyle, abstinence from drugs,
development of social skills,
elimination of antisocial behaviour and overall
personal development. The bed complement is 15. The duration of treatment is
six
months.
- Despite
the fact that these centres were not established to accommodate young adults,
several young adults have taken advantage of
the services offered.
(b) Teen Challenge Bahamas
- Teen
Challenge Bahamas is another nongovernmental organization which has been waging
war against drug abuse since 19 October 1988.
The Programme caters to
residents aged 18 years and older.
- The
aim of Teen Challenge is to evangelize people who have lifecontrolling problems,
such as drug or alcohol abuse, and to initiate
discipline to the point where the
individual can function as a good Christian in society, applying spiritually
motivated biblical
principles in relationships, family, church, chosen vocation
and community.
- The
parent organization of Teen Challenge is based in the United States of
America. This institution has been operating for over
30 years with
branches worldwide. Teen Challenge Bahamas is an interdenominational,
non-profit organization, offering help to all
regardless of race, creed or
religious affiliation. The services provided are free of charge and funded by
contributions, and financial
assistance from the business sector, churches,
civic groups and individuals.
- To
date, Teen Challenge has assisted over 100 men, and recent surveys (conducted by
the organization) include a success rate of over
65 per cent. Successful
participants of Teen Challenge are able to attend a second phase of
rehabilitation in Rehrersburg, Pennsylvania,
United States of America.
Their training also includes money management.
- While
Teen Challenge recognizes that drug addiction is an epidemic, its ongoing quest
is to work for the betterment of society.
(c) Bahamas Association for Social Health (BASH)
- BASH
is another organization engaged in the fight against drugs. It was instituted
in 1990 to provide a positive spiritual response
to some of the pressing
social needs of the Bahamian community.
- BASH
was founded by Mr. Terry Miller, a recovering addict, with the assistance of
other recovering addicts and interested prominent
Bahamians. It is operated by
a Board of Directors chosen from the community, based on their known social
concerns and relevant areas
of expertise.
- The
School of Recovery is the first significant BASH project, which was instituted
on 10 January 1991, and discontinued in August
1991. It was located
atop Discovery Hill, North Eleuthera, on 25 acres of land, and was
established as a rehabilitation centre for
males (drug/alcohol addicts) aged 17
years and older.
- The
Bahamas Association for Social Health institution located in New Providence is
based on the 12step spiritual principles of Alcoholics
Anonymous and Narcotics
Anonymous, which is widely accepted as perhaps the most successful approach to
recovery.
- The
school is a non-denominational, non-religious operation, which accepts persons
needing rehabilitation, regardless of their religious
persuasions and encourage
them to strengthen and maintain their recovery through the practice of righteous
(spiritual) principles.
They also welcome input and support from religious
sectors in our communities.
- The
organization is operated by recovering addicts for recovering addicts. BASH
is funded solely by gifts and contributions from
the public. It seeks to
educate and empower members to improve their ability to care for and
interact with their children and families.
(d) The Haven
- In
August 1978, The Haven, which is situated on Mackey Street, New Providence, was
established by a Christian group wishing to help
the poor and needy. They began
by supplying breakfast in Black Village, a deprived area. However, their vision
for a residential
rehabilitation programme was later developed to address the
escalating drug and alcoholic problems.
- The
aims of the programme are to offer rest and help to drug addicts and alcoholics.
Strongly based upon the Christian faith, the
structured programme addresses the
individual’s physical, psychological and spiritual needs. The
organization believes this
approach develops well-rounded, emotionally secured
men, husbands and fathers.
Phase One - Seclusion
- This
initial sixmonth phase enables students to withdraw from their addictive
environments and to address their critical needs.
- Each
morning, through their interaction in group therapy sessions, “One on One
Counselling”, appropriate Bible study courses
and life skills classes,
their individual needs are addressed, corrected and true Christian values
learnt.
- In
the afternoons, time is spent in “Work Groups”, either in the
carpentry shop, with the honey bees or the lawncare service.
These activities
prepare students for re-entry into daily work routine.
Phase Two - At Work Locally
- During
the next three months, residents commence or return to fulltime employment.
They remain residents of The Haven and continue
their studies through group
therapy and counselling sessions. A bank account is opened for each participant
and money management
is taught. Weekend breaks are planned and structured for
the purpose of visiting family and friends to re-establish relationships.
A
local church meets the recovering addicts’ needs and ensures their
acceptance and participation amongst the congregation.
Phase Three - Re-entry
- During
this last phase (10 to 12 months) individuals enjoy all their liberties, but are
still residents of The Haven and accountable
to the staff for their finances and
time management.
- Upon
graduation, it is expected that students would be independent, secure in their
employment, money management and family relationships
and would have found
fellowship in a local church.
- The
Haven provides a 12month residential rehabilitation programme to persons needing
help with their drug and alcohol abuse. This
threephase programme houses 14
men.
Sexual exploitation and sexual abuse (art. 34)
- Under
the Penal Code, it is an offence for a parent or guardian to allow a child above
the age of 5 years to be unclothed.
- The
Sexual Offences and Domestic Violence Act, 1991, increased the penalties with
regard to sexual intercourse with a person between
14 and 16 years of age. The
penalty for incest on a first conviction for the offence is a minimum term of
imprisonment of 7 years
and, in the case of a second or subsequent conviction
for the offence, a minimum term of imprisonment of 14 years.
- Anyone
who has unlawful sexual intercourse with a person of or above 14 years of age
and under 16 years of age, whether with or without
the consent of the person
with whom he had unlawful sexual intercourse, is guilty of an offence and liable
to imprisonment for life
subject to, on a first conviction for the offence, a
minimum term of imprisonment of 7 years and, in the case of a second or
subsequent
conviction for the offence, a minimum term of imprisonment
of 14 years.
- Sexual
abuse in the Bahamas has increased over the past 10 years. This can be
attributed to the implementation of the Sexual Abuse
Act and to the fact that
the public is more enlightened and more inclined to report cases of abuse that
were once ignored. The Act
makes provision for mandatory reporting of cases of
sexual abuse. These matters are to be reported by doctors, nurses, teachers,
police officers, social workers and any citizen with knowledge of an offence.
Any person who, without reasonable excuse, fails to
comply with the requirements
is guilty of an offence and liable on summary conviction to a fine of $5,000 or
to imprisonment for
a term of two years or to both.
- The
Department of Social Services, the Crisis Centre, the Child and Adolescent Unit
of the Sandilands Rehabilitation Centre, and the
Adolescent Health Department
provide counselling and treatment for victims of sexual abuse.
- In
October 1993, the Department of Social Services established a Child Abuse Unit
to deal specifically with all types of abuse. The
social workers in this unit
work closely with the police and the hospital.
- In
1982, the Women’s Crisis Centre was initially established. However, in
1995, this nonprofit organization changed its name
to the Crisis Centre in order
to provide services to victims of physical, sexual and emotional abuse. The
Centre makes referrals
to the Department of Social Services and vice versa. In
some cases where children and adults are unable return to their homes, they
are
placed at the Salvation Army on a temporary basis.
- To
date, the Department of Social Services has never received any cases of child
pornography.
Other forms of exploitation (art. 36)
- One
of the responsibilities of the Government is to ensure that people who are found
guilty of exploiting children are brought before
the courts and are punished in
accordance with the laws of the land.
- Anyone
who has sexual intercourse with a person under 16 years of age, with or without
consent, may be found guilty of unlawful sexual
intercourse. For a first
offence, the prison term is a minimum of 7 years and for a subsequent offence a
minimum term of 14 years.
Sale, trafficking and abduction (art. 35)
- The
offence of abduction of a minor is contained in the Sexual Offences and Domestic
Violence Act, 1991. Abduction of an unmarried
person under 16 years carries a
prison term of two years. A person who has temporary custody or charge of
a child for a special
purpose, such as a schoolmaster or employer, can be guilty
of abduction of that person.
- Provision
was made with regard to the Hague Convention on the Civil Aspects of
International Child Abduction. Child abduction is
an offence under the Penal
Code of the Bahamas. Anyone who steals any person under 14 years of age with or
without his consent shall
be liable to imprisonment for 10 years.
- The
State is unaware of any case of trafficking or abduction in the Bahamas except
in the case of parents who are fleeing the country
due to domestic
problems.
D. Children belonging to minority or indigenous groups (art.
30)
- All
children in the Bahamas are afforded all the rights and privileges,
educationally, medically, culturally, socially and economically,
of a free
society whether or not they belong to a minority or indigenous group.
- Children
in the Bahamas are given access to free education and free medical care. In
special circumstances where there is a family
breakdown, or deprived families,
due to socioeconomic conditions, the Government provides subsistence, depending
on need.
- In
the case of undocumented migrants, food assistance is provided to the family.
Children without parents are placed in substitute
family care, i.e. foster care,
adoption or institutional care.
IX. PRIORITIES FOR IMPLEMENTING THE ARTICLES OF
THE
CONVENTION ON THE RIGHTS OF THE CHILD
- The
following are some of the general measures proposed:
- − With
regard to the principles of the Convention, the Government of the Bahamas
continues to reform legislation affecting the
Bahamian people, in particular as
it relates to the welfare of children;
- − The
Community Support Services Division was designed specifically to extend
assistance to families with dependent children.
This is definitely necessary
for the strengthening of the socio-economic and cultural spheres of the Bahamas.
These programmes will
be frequently reviewed to ensure greater efficiency and
effectiveness in service delivery;
- − In
order to implement the objectives of the Convention, there has to be a
collaborative approach among the government ministries/departments,
non-governmental organizations, the Church, civic organizations and the general
public at large;
- − With
respect to education, the Government of the Bahamas is in the forefront.
However, further efforts would be made to provide
additional education/training
to the disabled children of the nation;
- − Through
the efforts of the government ministries and nongovernmental organizations, the
nation’s children would be encouraged
to become more expressive, where
appropriate;
- − The
Affiliation Proceedings Act was amended to empower the court to utilize its
discretion to adjudge the putative father
of a child to make payments based on
his ability to pay. There is no system in place whereby the father is
automatically arrested,
if he reneges on his responsibilities; the child’s
mother has to return to the court frequently to state that the father disobeyed
the court’s order. The attachment order whereby payments are deducted
from the payroll of the father’s place of employment
is seldom
utilized.
- The
Government is committed to having the laws and policies in respect of
abandonment, neglect and abuse, especially sexual abuse,
vigorously enforced and
amended if and when necessary.
- The
Government is committed to initiating programmes that would strengthen the
socioeconomic and cultural spheres of the Bahamas so
as to respond to these
needs as they relate to the child and the family.
- The
Government is committed to strengthening preventive community activities, sports
and involvement at the local level, which will
provide structured and
constructive programmes for the youth of the nation through local and community
action.
X. CONCLUSION
- The
Bahamas is well on the way to ensuring the well-being of its children. Children
in the Bahamas have always enjoyed all the benefits
of a free society. This has
become more evident since the Bahamas gained independence in 1973. Children of
undocumented migrants
also enjoy the benefits of free health care, free
education, and social and cultural freedom, including freedom of speech, without
discrimination.
- Generally,
the standard of living in the Bahamas is reasonably high. However, there are
still some economically depressed areas.
Therefore, a living standard survey
was conducted throughout the Bahamas in 2002 in an attempt to determine the
level of poverty
in the country (a report regarding this issue will be
published shortly). The Government continues to make
- efforts
to organize local programmes involving all aspects of society, especially the
Church and the business sectors to deal with
this matter. The aim is to
eradicate poverty through incomegenerating activities and self-sufficiency.
- Children
who are in need of placement are removed from their home or family only as a
measure of last resort. All efforts are made
to restore, reinforce and enhance
the capacity of the family to continue its role in child-rearing. Substitute
family care is sought
only when all else fails.
- In
the Bahamas, adoption is supported only after thorough investigation and
assessment are completed, and the authorities are assured
that it is in the best
interest of the child.
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