General Documents Not Relating To Specific States - Annual and Sessional Reports - CRC

UNITED

NATIONS

CRC

Convention on the

Rights of the Child

Distr.

GENERAL

CRC/C/87

30 July 1999

Original: ENGLISH

I. ORGANIZATIONAL AND OTHER MATTERS. . . . . . . . . . . . . . . . . . . . 1  17 4

C. Membership and attendance. . . . . . . . . . . . . . . . . . . . . . . 4  8 4

D. Solemn declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5

E. Election of officers . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5

F. Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5

Human Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12  16 6

H. Presessional working group. . . . . . . . . . . . . . . . . . . . . 17  19 7

CONVENTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22  250 7

A. Submission of reports. . . . . . . . . . . . . . . . . . . . . . . . . . . 22  26 7

B. Consideration of reports. . . . . . . . . . . . . . . . . . . . . . . . 27  250 8

and Nevis. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62  94 17

of the Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250  254 66

B. Methods of work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255 67

competent bodies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256  270 67

D. Future thematic debate. . . . . . . . . . . . . . . . . . . . . . . . . . 271 70

children with disabilities. . . . . . . . . . . . . . . . . . . . . . 272  275 71

SESSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276 71

V. ADOPTION OF THE REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277 72

Rights of the Child as at 4 June 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

II. Membership of the Committee on the Rights of the Child. . . . . . . . . . . 80

as at 4 June 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81

Child: achievements and challenges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94

Committee's twentysecond and twentythird sessions . . . . . . . . . . . . . 104

Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105

1. As at 4 June 1999, the closing date of the twentyfirst session of the Committee on the Rights of the Child, there were 191 States parties to the Convention on the Rights of the Child. The Convention was adopted by the General Assembly in resolution 44/25 of 20 November 1989 and opened for signature and ratification or accession in New York on 26 January 1990. It entered into force on 2 September 1990, in accordance with the provisions of its article 49. A list of States that have signed, ratified or acceded to the Convention is contained in annex I to the present report.

2. The texts of the declarations, reservations or objections made by States parties with respect to the Convention are reproduced in document CRC/C/2/Rev.7.

3. The Committee on the Rights of the Child held its twentyfirst session at the United Nations Office at Geneva from 17 May to 4 June 1999. The Committee held 26 meetings (532nd557th). An account of the Committee's deliberations at its twentyfirst session is contained in the relevant summary records (CRC/C/SR.532, 534, 538, 541550, 522 and 557).

4. All the members of the Committee attended the twentyfirst session. A list of the members, together with an indication of the duration of their terms of office, is provided in annex II to the present report. Mr. Francesco Paolo Fulci, Ms. Elisabeth TigerstedtTãhtelã and Mrs. Marilia Sardenberg were not able to attend the session in its entirety.

5. The following United Nations bodies were represented at the session: United Nations Children's Fund, Office of the United Nations High Commissioner for Refugees.

6. The following specialized agencies were also represented at the session: International Labour Organization, UNAIDS, World Health Organization.

7. The International Federation of Red Cross and Red Crescent Societies was represented.

8. Representatives of the following non-governmental organizations were also in attendance at the session:

International Council of Women, International Movement ATD Fourth World, Zonta International.

Coalition against Trafficking in Women, Defence for Children International, International Confederation of Free Trade Unions, International Federation of Social Workers, International Federation of Women in Legal Careers, International Federation Terre des Hommes, International Service for Human Rights, Rãdda Barnen, World Federation of Methodist and Uniting Church Women, World Organization against Torture.

Federation for the Protection of Children's Human Rights, Il Telefono Azzurro, International Baby Food Action Network, NGO Group for the Convention on the Rights of the Child, NGO Working Group on Nutrition.

9. At the 532nd meeting, on 17 May 1999, those members who were elected at the Seventh Meeting of States parties made a solemn declaration in accordance with rule 15 of the provisional rules of procedure. The re-elected members, Mrs. Ouedraogo and Mrs. Karp, made their solemn declarations at the 534th meeting.

10. At the 534th meeting, held on 18 May 1999, the Committee elected the following officers for a term of two years in accordance with rule 16 of the provisional rules of procedure:

11. At the 532nd meeting, on 17 May 1999, the Committee adopted the following agenda on the basis of the provisional agenda (CRC/C/85):

7. Cooperation with other United Nations bodies, specialized agencies and other competent bodies

12. At the 552nd meeting, the High Commissioner for Human Rights, Mrs. Mary Robinson, addressed the Committee.

13. In her statement, the High Commissioner congratulated the newly elected and reelected members. She informed the Committee about the activities of her Office to commemorate, during the entire year, the tenth anniversary of the Convention on the Rights of the Child in 1999. Mrs. Robinson specially referred to the interactive dialogue on child rights held during the fiftyfifth session of the Commission on Human Rights. The High Commissioner also highlighted the fact that the Economic and Social Council will emphasize the importance of child rights during its July 1999 session. She also brought the Committee up to date on the two-day meeting her Office intended to organize during the twentysecond session of the Committee (30 September1 October 1999) (see annex IV).

14. Mrs. Robinson also informed members of the Committee about the work undertaken by her Office to give priority within the United Nations system to the impact of macroeconomic policies on children’s rights. She stressed the importance she attaches to supporting the establishment of national institutions for the promotion and protection of human rights; in view of the tenth anniversary of the Convention, she has systematically suggested that those institutions focus on and assess their work in the field of child rights.

15. The High Commissioner also discussed her commitment to strengthening action against trafficking in women and children and in that regard stressed the need for coordination among United Nations agencies and bodies in adopting an integrated approach to this problem. Mrs. Robinson also updated the Committee on recent developments concerning the Plan of Action to strengthen the implementation of the Convention. The second component of the Plan  support to the implementation of child rights at national level  was about to start.

16. Members of the Committee engaged in a dialogue with the High Commissioner and expressed their will to address efficiently the challenges of the current backlog of reports and the adoption of general comments. Mrs. Robinson expressed her strong support to those objectives and said that she would provide the Committee with all possible assistance.

17. In accordance with a decision of the Committee at its first session, a presessional working group met in Geneva from 1 to 5 February 1999. All the members except Mr. Francesco Paolo Fulci participated in the working group. Representatives of the United Nations Children's Fund, the Office of the United Nations High Commissioner for Refugees, the International Labour Organization and the World Health Organization also participated. A representative of the NGO Group for the Convention on the Rights of the Child, as well as representatives from various national and international non-governmental organizations, also attended.

18. The purpose of the presessional working group is to facilitate the Committee's work under articles 44 and 45 of the Convention, primarily by reviewing State party reports and identifying in advance the main questions that would need to be discussed with the representatives of the reporting States. It also provides an opportunity to consider questions relating to technical assistance and international cooperation.

19. Members of the Committee elected Mr. Ghassan Salim Rabah and Mrs. Margaret Queen Esther Mokhuane to chair the presessional working group. The latter held eight meetings, at which it examined lists of issues put before it by members of the Committee relating to the initial reports of three countries (Armenia, Benin and Vanuatu) and the second periodic reports of two countries (Nicaragua and the Russian Federation). The lists of issues were transmitted to the Permanent Missions of the States concerned with a note requesting written answers to the issues raised in the list, if possible before 14 April 1999.

20. The Committee considered the organization of work at its 532nd meeting, on 17 May 1999. The Committee had before it the draft programme of work for the twentyfirst session, prepared by the Secretary-General in consultation with the Chairperson of the Committee, and the report of the Committee on its twentieth session (CRC/C/84).

21. The Committee noted that its twentysecond session would take place from 2 September to 8 October 1999 and that its presessional working group would meet from 13 to 17 September 1999.

(a) Notes by the Secretary-General on initial reports by States parties due in 1992 (CRC/C/3), 1993 (CRC/C/8/Rev.3), 1994 (CRC/C/11/Rev.3), 1995 (CRC/C/28), 1996 (CRC/C/41), 1997 (CRC/C/51), 1998 (CRC/C/61) and 1999 (CRC/C/78); and on periodic reports of States parties due in 1997 (CRC/C/65), 1998 (CRC/C/70) and 1999 (CRC/C/83);

(b) Note by the Secretary-General on the States parties to the Convention and the status of submission of reports (CRC/C/86);

(c) Note by the Secretary-General on the followup to the consideration of initial reports by States parties to the Convention (CRC/C/27/Rev.11);

(d) Note by the Secretary-General on areas in which the need for technical advice and advisory services has been identified in the light of the observations adopted by the Committee (CRC/C/40/Rev.12).

23. The Committee was informed that, in addition to the five reports that were scheduled for consideration by the Committee at its current session and those which had been received prior to the Committee's twentieth session (see CRC/C/84, para. 19), the Secretary-General had received the initial reports of Bhutan (CRC/C/3/Add.60) and the United Kingdom of Great Britain and Northern Ireland (Overseas Territories) (CRC/C/41/Add.7) and the second periodic reports of Chile (CRC/C/65/Add.13), Tunisia (CRC/C/83/Add.1), Belgium (CRC/C/83/Add.2), Belarus (CRC/C/65/Add.14) and Spain (CRC/C/70/Add.9). The status of submission of reports by States parties under article 44 of the Convention is given in annex III.

24. A list of initial reports considered by the Committee as of 17 May 1999, as well as a provisional list of initial and second periodic reports scheduled for consideration at the Committee's twentysecond and twentythird sessions, are contained in annexes IV and V respectively.

25. As at 4 June 1999, the Committee had received 134 initial and 25 periodic reports. A total of 104 reports have been examined by the Committee (see annex IV).

26. By letter dated 4 May 1999 addressed to the Committee, the Permanent Mission of the Federal Republic of Yugoslavia transmitted a letter from the President of the Yugoslav Commission for Cooperation with UNICEF concerning the situation of children in the Federal Republic of Yugoslavia. In its reply, dated 3 June 1999, the Committee took note of the information submitted and stated that the consideration of the situation of children in that country would best be addressed within the established reporting process.

27. At its twentyfirst session, the Committee examined initial and periodic reports submitted by six States parties under article 44 of the Convention. It devoted 15 of its 26 meetings to the consideration of reports (see CRC/C/SR.534538 and 541550).

28. The following reports, listed in the order in which they were received by the Secretary-General, were before the Committee at its twentyfirst session: Barbados (CRC/C/3/Add.45), St. Kitts and Nevis (CRC/C/3/Add.51), Honduras (CRC/C/65/Add.2), Benin (CRC/C/3/Add.52), Chad (CRC/C/3/Add.50) and Nicaragua (CRC/C/65/Add.4 and Add.14).

29. In accordance with rule 68 of the provisional rules of procedure of the Committee, representatives of all the reporting States were invited to attend the meetings of the Committee at which their reports were examined.

30. The following sections, arranged on a countrybycountry basis according to the sequence followed by the Committee in its consideration of the reports, contain concluding observations reflecting the main points of discussion and indicating, where necessary, issues that require specific followup. More detailed information is contained in the report submitted by the States parties and in the summary records of the relevant meetings of the Committee.

31. The Committee considered the initial report of Barbados (CRC/C/3/Add.45) at its 534th to 536th meetings (see CRC/C/SR.534536), held on 18 and 19 May 1999, and adopted

the following concluding observations.

32. The Committee expresses its appreciation for the clear and comprehensive nature of the report, which followed the Committee's guidelines. The Committee also takes note of the written answers to the list of issues (CRC/C/Q/BARBADOS.1) while regretting their late submission, and of the additional information provided to it during the course of the dialogue, which enabled it to assess the situation of the rights of the child in the State party. The Committee welcomes the constructive and open dialogue with the State's party delegation.

33. The Committee welcomes the establishment in September 1998 of the National Committee for Monitoring the Rights of the Child, which will monitor the implementation of the Convention. It welcomes the mandate of the National Committee to carry out a thorough review of legislation, with a view to ensuring its conformity with the principles and provisions of the Convention.

34. The Committee also welcomes the opportunity for increased coordination that arises from the provision in the manifesto of the Government for a new Ministry of Social Transformation.

35. The Committee welcomes the adoption of policies regarding children with disabilities in the State party.

36. The Committee takes note of the forthcoming signing of the Penal Reform Act which has increased the age of criminal responsibility from 7 to 11 years.

37. The Committee notes that recent international economic trends and policy decisions are of concern to all Caribbean States and create pressure on the State party to adopt economic restructuring policies which may have a negative impact on social and economic development. In adopting such restructuring policies, the State party faces the serious challenge of avoiding endangering the implementation of the Convention.

38. The Committee is concerned that the State party has not yet given adequate attention to the need to review existing legislation thoroughly to examine its conformity with the provisions of the Convention. The Committee notes that inconsistencies remain, especially with regard to the definition of the child, the acceptability of certain forms of physical abuse, and in the area of juvenile justice. The Committee recommends that the National Committee for Monitoring the Rights of the Child proceed with its planned review of existing legislation and encourages the National Committee to consider carefully the principles as well as all provisions of the Convention, and in particular article 3. The Committee recommends that the State party give full support to the National Committee in this task and that it pay careful attention to the implementation of any recommendations for review of legislation that the National Committee may identify.

39. The Committee takes note of proposed changes in administrative arrangements which should improve coordination and efforts to implement the Convention. The role that the Child Care Board plays in overall coordination of government activities dealing with children is not clear. The Committee encourages the State party to give careful consideration to the need to provide adequate resources to, and define clearly the roles and responsibilities of the new Ministry of Social Transformation and its different units, the Child Care Board, and the National Committee for Monitoring the Rights of the Child, so as to ensure the most effective coordination and monitoring of the implementation of the Convention. The Committee also recommends that the State party ensure that a specific desk for children is set up within the existing ombudsman's office.

40. The Committee takes note of the difficulties experienced in the State party in ensuring the collection of disaggregated data on all aspects of the implementation of the Convention and notes current plans to standardize and computerize data collection. The Committee recommends that the State party increase its efforts, and if necessary request international technical assistance from, inter alia UNICEF, on the collection and analysis of statistical data on child rights, systematically disaggregated by gender, age, socioeconomic background, geographic location, etc. and with an emphasis on vulnerable groups.

41. The Committee is concerned about the lack of data regarding the maximum allocation of available resources to implementation of child rights. The Committee notes that the budgetary provisions for social services affecting children and their rights, and in particular for poverty alleviation programmes and the Child Care Board, have increased steadily in recent years. The Committee recommends that the State party give further attention to the need to disaggregate the relevant budgetary data, so as to make it possible to obtain a clearer picture of the allocation of budgetary resources.

42. The Committee is concerned about the potential impact of economic restructuring measures, referred to in paragraph 7 above, on the implementation of the Convention. The Committee suggests that the State party make every effort, including requesting international technical assistance, to avoid its economic restructuring policies having a real negative effect on the realization of the rights of the child.

43. The Committee appreciates the detailed information regarding efforts to disseminate the Convention in the form of public awarenessraising campaigns, inclusion in the school curriculum, and collaboration with the media in this respect. However, the Committee is concerned that these efforts appear insufficient to achieve full acceptance of the principles and provisions of the Convention among professional groups and the general public. The Committee recommends that the State party renew its efforts to undertake systematic education and training programmes on the provisions of the Convention for all professional groups working for and with children, such as judges, lawyers, law enforcement officials, civil servants, personnel working in institutions and places of detention for children, teachers, health personnel, including psychologists, and social workers. In particular the Committee recommends that additional projects and programmes be dedicated to bringing about changes in traditional social attitudes that may be in conflict with full respect for the rights of the child, and encourages the State party to seek international assistance from, inter alia, UNICEF.

44. While the Minors Act sets the age of majority at 18 years of age, other legislation appears to set many limits on the levels of protection available for children over 16 years of age. The Protection of Children Act, 1990, offers protection from exploitation in pornography to all children under 18, but the Committee is concerned that the Sexual Offences Act, 1992, offers no special protection to children over the age of 16 and only limited protection to those between 14 and 16 years of age. Children over 16 years of age also appear to receive limited protection in legislation regulating the prevention of cruelty to children. The Committee recommends that existing legislation be reviewed so as to increase the level of protection accorded to all children under 18 years of age.

45. The Committee welcomes the general commitment of the State party to the prevention of discrimination. It takes note of the problems the State party faces in extending its provision of free education to all children beyond those who are citizens or permanent residents. The Committee recommends that these provisions be reviewed so as to ensure implementation of the principle of nondiscrimination for any child within the jurisdiction of the State party, as set forth in article 2 of the Convention.

46. The Committee shares the concern in the State party over growing gender bias faced by boys as shown in, among other areas, academic underachievement by boys and difficulties in placing boys for adoption. At the same time the rate of girls who attempt or commit suicide is particularly high. In connection with the problems faced by both boys and girls, the Committee notes with satisfaction the recent decision to set up, within the Ministry of Social Transformation, a “Gender Affairs Bureau”. The Committee recommends that the State party continue and increase its efforts to address discrimination arising from the inappropriate socialization of boys and girls into inappropriate gender roles and the resulting determination of social attitudes concerning children based on gender.

47. The Family Law Act sets the age of 16 as the point at which courts are obliged to take into account the views of a child. The Committee acknowledges the information it has received regarding the applicability of British common law which has in some cases been used by courts in the State party to consider the wishes of younger children according to the “maturity principle”. Nevertheless, the Committee remains concerned that the implementation of article 12 of the Convention regarding the need to give due weight to the views of the child in accordance with his or her evolving capacity is excessively constrained by subjective interpretation under existing legislation. The Committee recommends that the requested review of existing legislation consider the need for application of this principle, and in any case to children younger than 16, and in particular to make it a requirement for courts and other institutions to seek and give due weight to the views of the child in all matters affecting the child, in accordance with article 12 of the Convention.

48. The Committee is generally concerned that inadequate attention has been given to the promotion of civil rights and freedoms of the child, as provided for in articles 13, 14, 15, 16 and 17 of the Convention. Information before the Committee indicates that traditional social attitudes regarding the role of children appear to make it difficult to accept children fully as the subjects of rights. The Committee urges the State party to redouble its efforts to educate and sensitize parliamentarians and government officials, professional groups, parents and children on the importance of accepting fully the concept of child rights, and recommends that legislative measures be envisaged to guarantee the enjoyment of civil rights and freedoms for every child.

49. The Committee is concerned about legislation and policies that allow the use of flogging of children as a disciplinary measure in prisons and its use as a judicial sentence. In this respect, the Committee welcomes the commitment of the State party to give prompt consideration to the possibility of ratifying the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Committee encourages the State party to conduct a public awarenessraising campaign and to review its legislation and policies in order to eliminate flogging as a judicial sentence and as a disciplinary measure in the prison system.

50. The Committee shares the concern of the State party over the challenges faced by children as a result of changes in social and family structures which have led to high numbers of singleparent households and reduced support from extended families. The existing social security structures would make it difficult for the State party to ensure that both parents contribute to the maintenance of the child. The Committee notes that public assistance is available to assist children in these circumstances, but it remains concerned about the difficulty involved in ensuring respect for the provisions of article 18, paragraphs 1 and 2, and article 27, paragraph 4, of the Convention. The Committee recommends that continuing attention be given to the risks of early parenthood and single parenthood, to the promotion of higher levels of involvement of fathers in the upbringing and development of the child, and to the need to provide necessary support to children in these cases.

51. The Committee notes with appreciation recent efforts to improve arrangements for foster care, e.g. the doubling of the foster care allowance. It notes that the regular monitoring focuses more on the quality of placement of children in foster care than on the need to review the placement decision as such, in accordance with article 25 of the Convention. The Committee is concerned that the efforts to provide permanence and stability for children in care may on occasion lead to a premature decision that family reunification is no longer possible. The Committee encourages the State party to continue its efforts to strengthen the foster care system in those instances where efforts to provide support to families prove insufficient. It also recommends that further research be conducted into the functioning of the existing system, taking full account of the provisions of articles 20 and 25 of the Convention.

52. The Committee is seriously concerned about the high proportion of children who appear to be victims of physical abuse, in most instances accompanied by psychological and emotional abuse. The Committee is highly concerned about the subjective element involved in legislation that permits a “reasonable degree” of physical chastisement as a disciplinary method. The Committee is concerned that the tolerance of corporal punishment in schools will make it extremely difficult to educate parents about alternative forms of discipline, and wishes to point out that there is usually a connection between the social and legal acceptability of corporal punishment and the high level of child abuse which is of serious concern. The Committee encourages the State party to review its policies and legislation in order to eliminate corporal punishment as a method of discipline and to implement fully the provisions of articles 19 and 39 of the Convention; it recommends that the State party increase its efforts to educate the public about the negative impact of corporal punishment on the development of the child and on the effort to prevent child abuse; finally, the Committee encourages the State party to seek international assistance and advice on successful examples of how to overcome traditional social attitudes regarding corporal punishment.

53. The Committee notes the commitment of the State party to the introduction of mandatory reporting for suspected cases of child abuse. While acknowledging the progress made, the Committee remains concerned that existing legislation is still not sufficient to provide strong protection against child abuse, including sexual abuse. The Sexual Offences Act, 1992 provides very harsh sentences for only one specific form of sexual abuse of children under 14. At the same time, other information seems to indicate that there are considerable difficulties in applying this legislation, in particular when a parent is reluctant to testify or allow the abused child to testify. In addition, the Committee is concerned that the Domestic Violence (Protection Orders) Act, 1992, although showing progress in removing police discretion in the referral to court of cases of domestic violence, still fails to ensure a sufficient level of protection for children in cases of domestic violence. The Committee is convinced that the need to ensure full protection from all forms of abuse in accordance with article 19 of the Convention requires legislative measures guaranteeing that child maltreatment will not be tolerated. The Committee recommends that the State party reassess the impact of current measures and policies. It urges the State party to develop and implement systematically projects and programmes to address the need for: prevention of child abuse; protection from abuse, including procedures to protect children from possible further victimization by the legal system; and provision of rehabilitation services in accordance with article 39 of the Convention; and to this effect, to carry out awarenessraising campaigns and a careful review of existing legislation.

54. The Committee notes the commitment of the State party to increase available services to children with disabilities, and welcomes the efforts to identify all cases of children with disabilities. Nevertheless, the Committee remains concerned that the focus is on the provision of separate services rather than inclusion. The Committee recommends that the State party implement its policies, together with a plan of action in regard to children with disabilities.

55. The Committee welcomes the State party's efforts to reduce the rates of adolescent pregnancy. It welcomes the efforts to raise awareness about reproductive health and rights through initiatives such as the Family Life Development Programme. Despite these efforts, the Committee remains concerned about the high levels of adolescent pregnancy and abortion, about the rising incidence of HIV and AIDS and about the effect this has on children infected or affected (in particular those orphaned) by the epidemic. The Committee recommends that the State party give careful attention to the recommendations formulated by the Committee during its day of general discussion on “The rights of children living in a world with HIV/AIDS” (CRC/C/80, para. 243). It recommends that the State party increase its efforts to provide appropriate adolescent health services, consider the possibility of actively involving adolescents in the formulation of policies and treatment programmes in accordance with their evolving capacity, and make it possible for adolescents to have access to medical advice and treatment without parental consent in accordance with their age and maturity.

56. In spite of efforts to increase attention to early childhood education, the Committee remains concerned that the number of child care centres is not enough to serve all children concerned. The Committee takes note of recent efforts to provide child care within existing schools with the assistance of trained volunteer parents and of the difficulties encountered in persuading private employers to provide child care at the workplace. While noting the success in transforming Queen Elizabeth Hospital into a babyfriendly institution, the Committee is also concerned about the lack of data on breastfeeding practices. The Committee encourages the State party to continue its efforts to provide sufficient numbers of child care services and to consider the possibility of setting up child care facilities at the workplace for public employees, thus facilitating breastfeeding practices.

57. The Committee welcomes the commitment of the State party to education and the availability of free and compulsory education until the age of 16 to children who are citizens or permanent residents. It notes the effort to improve the quality of education through the proposals in the White Paper on Educational Reform. The Committee remains concerned about practical implementation of the educational reforms and of the policy to provide textbooks to all schoolchildren, and it is also concerned about the determination of the child's academic ability at the early age of 11. In addition, the Committee is concerned about the growing incidence of educational underachievement among boys. The Committee suggests that some of the reforms in the training of teachers focusing on teacher attitudes could be used also to increase attention to child rights. The Committee recommends that the State party increase its efforts in educational reform, including through careful study of the impact of secondary school entrance exams at the age of 11 and through evaluation of the impact of recent reform initiatives, if necessary by seeking international assistance from UNICEF, with a view to increasing the quality and relevance of education in accordance with articles 28 and 29 of the Convention.

58. Although a serious child labour problem does not seem to exist, the Committee remains concerned that the existing legislation is unclear about the exact types and amount of work that are acceptable at different ages, including in connection with children assisting their families with agricultural or domestic tasks. The Committee recommends that the State party take advantage of current preparations to ratify ILO Convention No. 138 on Minimum Age for Admission to Employment to review and clarify its own legislation concerning work at different ages in order to maximize the protection of children against economic exploitation in accordance with article 32 of the Convention.

59. The Committee has a number of concerns regarding the administration of juvenile justice. In particular:

(a) The concern that special provisions for juvenile delinquents do not apply to children over 16 years of age, who are dealt with by adult criminal courts and are grouped with prisoners up to the age of 23. The Committee recommends that the State party consider raising the existing age limit from 16 to 18;

(b) The concern about the lack of flexibility in sentencing children under the Reformatory and Industrial Schools Act (with its minimum sentence of three years and its maximum sentence of five years and the lengthy procedure for review of detention, which appears to have resulted in an informal practice of developing an alternative sentence of one year's detention. The Committee recommends that the State party consider the introduction of a more flexible sentencing system and a simple but efficient and effective review of court decisions that involve holding a child in detention;

(c) The concern that section 14 of the Reformatory and Industrial Schools Act makes it possible for children to be referred to the juvenile court for offences such as “talking back” or “wandering without proper guardianship”. This means that acts which are not a crime if carried out by adults may, for minors, result in a criminal sentence, e.g. placement in an Industrial School. The Committee is concerned about such criminalization of behaviour problems of children. These kinds of problems should be dealt with through psychosocial services, treatment, etc. with the necessary family support. The Committee recommends that the State party change its legislation in this regard to prevent, as far as possible, the criminalization of children's behavioural problems;

(d) The concern about information suggesting that the right of a child accused of infringing the law to legal assistance can be, and often is waived by a parent or guardian. More careful implementation of the provisions of article 37 (d) and article 40, 2 (b) (ii) of the Convention to legal or other appropriate assistance is necessary. The Committee recommends that the State party consider reviewing its legislation to ensure that decisions regarding legal assistance for children in conflict with the law are taken impartially and with regard solely for the best interests of the child, and that the right of the child to such assistance should not be waived by others;

(e) While welcoming the raising of the age of criminal responsibility, the Committee remains concerned that it has been raised only to 11 years. The Committee encourages the State party to consider the need to raise the age of criminal responsibility further.

60. The Committee is furthermore concerned about the conditions experienced by children deprived of their liberty, both in Industrial Schools and in separate facilities at the adult prison, and in particular about the lack of sufficient provision for education and rehabilitation services. It recommends that the State party conduct indepth research and gather information as to the situation and outcome for children held in the Industrial Schools and in prison, and urges the State party to ensure the full compatibility of the juvenile justice system with the Convention, especially articles 37, 40 and 39, as well as other relevant international standards in this area, such as the Beijing Rules, the Riyadh Guidelines and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty.

61. In the light of article 44, paragraph 6, of the Convention, the Committee appreciates the commitment of the State party to publicize the results of the dialogue. The Committee recommends that such efforts include making widely available to the public the initial report and written replies submitted by the State party, along with the summary records of the relevant meetings and concluding observations adopted by the Committee. Such wide distribution should generate debate and awareness of the Convention and the state of its implementation, particularly within the Government, the relevant ministries, the Parliament and nongovernmental organizations.

62. The Committee considered the initial report of St. Kitts and Nevis (CRC/C/3/Add.51) at its 537th to 538th meetings (see CRC/C/SR.537538), held on 20 May 1999, and adopted

the following concluding observations:

63. The Committee welcomes the submission of the State party's initial report, but regrets that the written replies to its list of issues (CRC/C/Q/SKN/1) were not submitted in advance of the dialogue. While the report follows the general guidelines, the Committee regrets that its brevity, particularly in the area of “special protection measures”, limits the full understanding of the situation of children within the State party. The Committee is encouraged by the constructive, open and frank dialogue it had with the State party and welcomes the positive reactions to the suggestions and recommendations made during the discussion. The Committee acknowledges that the presence of a highranking delegation directly involved in the implementation of the Convention complemented the information provided on the situation of the rights of children in the State party.

64. The Committee notes the recent efforts undertaken by the State party in the field of law reform. In this regard, it takes note of the enactment of the Probation and Child Welfare Board Act (1994) which provides for the establishment of a Board to monitor the rights of all children; ensure the care, protection and maintenance of children within the family environment; and make provisions with respect to the fostering and adoption of children.

65. The Committee appreciates the State party's initiatives within the school environment. In this regard, it welcomes the establishment of a school nutrition programme for children enrolled at the primary school level; the provision of school uniforms for children whose parents are not able to afford them; the efforts to ensure 100 per cent placement at the secondary level; and the recently established policy that allows for the readmission of teenage mothers into the regular school system.

66. The Committee notes the efforts of the State in the area of primary health care services. In particular it notes the State party's achievement of 100 per cent immunization as well as relatively low malnutrition and infant and maternal mortality rates. The Committee also notes the introduction of programmes for free medical and dental care for all children of school age (up to 16 years).

67. The Committee welcomes the State party's 1996 initiative in becoming a member State of the International Labour Organization (ILO).

68. The Committee acknowledges that the vulnerability of the State party to natural disasters, most recently Hurricanes Luis and Marilyn in 1995 and George in 1998, has affected the situation of children and impeded the full implementation of the Convention. The Committee further notes that the limited availability of skilled human resources, compounded by the high rate of emigration, also adversely affects the full implementation of the Convention.

69. The Committee notes the recent efforts by the State party to undertake a review of existing legislation regarding children and the family. It is concerned, however, that domestic legislation still does not fully reflect the principles and provisions of the Convention. The Committee recommends that the State party seek to ensure that its domestic legislation fully conforms with the principles and provisions of the Convention. The Committee also encourages the State party to consider the possibility of enacting a comprehensive children's rights code. In this regard, the Committee further recommends that the State party seek technical assistance from, inter alia, UNICEF and the Office of the High Commissioner for Human Rights.

70. The Committee notes that the State party has acceded to only two of the international human rights instruments, the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women. The Committee encourages the State party to consider the possibility of acceding to the other major international human rights instruments as these would help to strengthen the efforts of the State party to meet its obligations in guaranteeing the rights of all children under its jurisdiction.

71. The Committee notes that a 12member Probation and Child Welfare Board has been appointed with representatives from the public and private sectors of both islands of the State party and mandated with the implementation of the Convention. The Committee is concerned, however, that the Board is not yet fully operational. The Committee is also concerned that the State party has not yet elaborated a National Plan of Action for Children. The Committee also expresses concern that adequate efforts have not been made to establish an effective child rights monitoring system independent of the Probation and Child Welfare Board and the Ministry to which it is responsible. The Committee recommends that further steps be taken by the State party to strengthen its coordinating efforts and ensure that the Probation and Child Welfare Board is fully operational. The Committee encourages the State party to consider the implementation of a National Plan of Action for Children that includes a rightsbased, rather than an exclusively welfarefocused approach. The Committee also recommends that the State party seek to use a comprehensive approach to the implementation of the Convention by, inter alia, ensuring the introduction of adequate monitoring mechanisms to guarantee the promotion and protection of children's rights.

72. The Committee is concerned at the lack of a data collection mechanism within the State party for the systematic and comprehensive collection of disaggregated quantitative and qualitative data for all areas covered by the Convention in relation to all groups of children in order to monitor and evaluate progress achieved and assess the impact of policies adopted with respect to children. The Committee recommends that the State party seek to establish a central registry for data collection and introduce a comprehensive system of data collection incorporating all the areas covered by the Convention. Such a system should cover all children up to the age of 18 years, with specific emphasis on those who are particularly vulnerable, including children with disabilities, children living in poverty, children in the juvenile justice system, children of singleparent families, children born out of wedlock, sexually abused children and institutionalized children. It is suggested that the State party seek technical assistance from, inter alia, UNICEF.

73. The Committee notes with concern the lack of involvement of NGOs in the elaboration of the State party's report and the generally limited participation of civil society in the promotion and implementation of the Convention. The Committee recommends that the State party take the necessary measures to encourage and facilitate the participation of civil society as well as the wider population in the promotion and implementation of the Convention.

74. The Committee also expresses concern at the absence of an independent mechanism to register and address complaints from children concerning violations of their rights under the Convention. The Committee suggests that an independent childfriendly mechanism be made accessible to children to deal with complaints of violations of their rights and to provide remedies for such violations. The Committee further suggests that the State party introduce an awarenessraising campaign to facilitate the effective use by children of such a mechanism.

75. The Committee notes the impact of the recent natural disasters which have had adverse effects on social investment within the State party. The Committee remains concerned that in light of article 4 of the Convention, not enough attention has been paid to allocating budgetary resources in favour of children “to the maximum extent of (...) available resources”. In light of articles 2, 3 and 6 of the Convention, the Committee encourages the State party to pay particular attention to the full implementation of article 4 of the Convention by prioritizing budgetary allocations to ensure implementation of the economic, social and cultural rights of children, to the maximum extent of available resources and, where needed, within the framework of international cooperation.

76. While recognizing the efforts of the State party to promote awareness of the principles and provisions of the Convention through programmes such as “Child Month”, the Committee remains concerned that professional groups, children, parents and the public at large are generally not sufficiently aware of the Convention and the rightsbased approach enshrined therein. The Committee recommends that greater effort be made to ensure that the provisions of the Convention are widely known and understood by adults and children alike. The Committee further recommends the reinforcement of adequate and systematic training and/or sensitization of professional groups working with and for children, such as judges, lawyers, law enforcement personnel, teachers, school administrators, health personnel, including psychologists, social workers, officials of the administration of both islands and personnel of childcare institutions. The Committee encourages the State party to also seek measures to raise the awareness of the media and the public at large of the rights of the child. It further suggests that the State party seek to ensure that the Convention is fully integrated into the curricula at all levels of the educational system. In this regard, the Committee suggests that the State party seek technical assistance from, inter alia, the Office of the High Commissioner for Human Rights, UNICEF and UNESCO.

77. The Committee expresses concern regarding the low legal age for criminal responsibility (8 years). The Committee expresses further concern that the Prevention of Cruelty and Protection of Juveniles Clause of the Juvenile Act does not provide special protection for children between the ages of 16 to 18 years, and by the absence in legislation of a legal age defining the attainment of majority. The Committee recommends that the State party review its legislation, especially with respect to criminal responsibility, in order to bring it into full conformity with the provisions and principles of the Convention.

78. The Committee wishes to express its concern that the State party does not appear to have fully taken into account the provisions of the Convention, especially its general principles, as reflected in its articles 2 (nondiscrimination), 3 (best interests of the child), 6 (right to life, survival and development) and 12 (respect for the views of the child), in its legislation, its administrative and judicial decisions, as well as in its policies and programmes relevant to children. It is the Committee's view that further efforts must be undertaken to ensure that the principles of the Convention, in particular the general principles, not only guide policy discussion and decisionmaking, but are also appropriately integrated in all legal revisions as well as in judicial and administrative decisions and in projects, programmes and services which have an impact on children.

79. While the Committee notes the efforts made by the Early Childhood Development Unit of the Ministry of Education and the Department for Community Development to encourage the participatory rights of children in all communities, it is concerned that traditional practices, culture and attitudes still limit the full implementation of article 12 of the Convention. The Committee recommends that the State party seek to develop a systematic approach to increasing public awareness of the participatory rights of children and encourage respect for the views of the child within the family, communities, schools, and the care and judicial systems.

80. The Committee is concerned about the potentially harmful effects of programmes available through cable television which is the preferred viewing option of the population. The Committee recommends that the State party take measures, including parental education, to protect children from exposure to harmful information, including violence and pornography.

81. The Committee remains gravely concerned that corporal punishment is still widely practised within the State party and that domestic legislation does not prohibit its use. In this regard, the Committee recommends that the State party take all appropriate measures, including of a legislative nature, to prohibit corporal punishment within school, the family, the juvenile justice and alternative care systems and generally within the society. It further suggests that awarenessraising campaigns be conducted to ensure that alternative forms of discipline are administered in a manner consistent with the child's human dignity and in conformity with the Convention, especially article 28.2.

82. The Committee notes the large number of singleparent families and the impact on children. The Committee also expresses concern at the apparent lack of legal protection with respect to the rights, including maintenance and inheritance rights, of children born out of wedlock from “visiting” or common law relationships. The Committee expresses further concern regarding the financial and psychological impact of “visiting relationships” on children. The lack of sufficient support and counselling, in the areas of parental guidance and responsibilities are also matters of concern. The State party is encouraged to increase its efforts in developing family education and awareness through, inter alia, providing support, including training for parents, especially those in “visiting” and common law relationships, in parental guidance and joint parental responsibilities, in light of article 18 of the Convention. The Committee also recommends that the State party undertake a study on the impact (both financial and psychological) of “visiting relationships” on children. The Committee further recommends that the State party take all necessary measures, including those of a legal nature, to ensure that the rights of children born of “visiting” and common law relationships are protected. It is suggested that the State party seek technical assistance from, inter alia, UNICEF and WHO.

83. While noting the recent efforts of the State party to ensure that emigrating parents make arrangements for the maintenance of their children, the Committee remains concerned at the absence of bilateral agreements for reciprocal enforcement of maintenance orders. The Committee recommends that efforts be made to put in place the necessary measures to ensure the recovery of maintenance for children from parents who emigrate.

84. While the Committee notes a decline in the overall number of children deprived of a family environment, it is concerned that boys continue to be particularly vulnerable to placement in alternative and foster care. The Committee also expresses concern regarding the absence of an independent complaint mechanism for children in alternative care institutions as well as the lack of available trained personnel in this field. It is recommended that the State party undertake a study to assess the situation of boys within the family environment and their susceptibility to placement in alternative and/or foster care. The Committee also recommends additional training, including in children's rights, for social and welfare workers as well as the establishment of an independent complaints mechanism for children in alternative care institutions.

85. The Committee is concerned at the absence of legislation, policies and institutions to regulate intercountry adoption. The lack of monitoring with respect to domestic and intercountry adoptions is also a matter of concern. In light of article 21 of the Convention, the Committee recommends that the State party introduce proper monitoring procedures with respect to both domestic and intercountry adoptions. In this regard, the Committee further encourages the State party to consider the possibility of acceding to the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption of 1993.

86. The lack of awareness and information on domestic violence, illtreatment and abuse of children, including sexual abuse, and the lack of appropriate financial and human resources remain matters of grave concern. The Committee is also concerned at the lack of a standardized approach to the reporting and management of child abuse, neglect and abandonment as well as the delineation of roles between the police, the Community Affairs Department and health and education agencies. The Committee notes with concern the increasing number of children institutionalized as a result of abuse and neglect. In light of article 19, the Committee recommends that the State party undertake studies on domestic violence, illtreatment and sexual abuse in order to adopt adequate policy measures and contribute to changing traditional attitudes. It also recommends that cases of domestic violence, illtreatment and sexual abuse of children be properly investigated within a childfriendly judicial procedure and sanctions applied to perpetrators, with due regard given to protecting the right to privacy of the child. Measures should also be taken to ensure the physical and psychological recovery and social reintegration of victims in accordance with article 39 of the Convention, and the prevention of criminalization and stigmatization of victims. The Committee recommends that the State party seek technical assistance from, inter alia, UNICEF.

87. The Committee expresses its concern with respect to the limited availability of programmes and services and the lack of adequate data in the area of adolescent health, including on accidents, violence, abortion, HIV/AIDS and STDs. The Committee is particularly concerned at the high incidence of teenage pregnancy and the situation of teenage mothers, especially in relation to their low attendance at antenatal clinics as well as their generally poor breastfeeding practices. The Committee is concerned that most of the current cases of infant mortality are related to teenage mothers. The Committee recommends that the State party