List of issues : Jamaica. 21/10/94.
CRC/C.8/WP.3. (List of Issues)
COMMITTEE ON THE RIGHTS
OF THE CHILD
Pre-sessional working group
Eighth session
17-21 October 1994


IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD

List of issues to be taken up in connection with
the consideration of the initial report
of Jamaica
(CRC/C/8/Add.12)

General measures of implementation
(arts. 4, 42 and 44 para.6 of the Convention)


1. To what extent have the rights of the child, as provided for under the Convention, been incorporated into the Government's national plans, policies and programmes?

2. Please provide information on the measures taken to ensure adequate training about the Convention to professional groups, including teachers, judges, law enforcement officials and social workers.

3. What is the status of the Convention in relation to national legislation? Can the Convention be invoked in court?

4. Please indicate whether the Ministry of Youth has come to any decision concerning the proposal of the Specialist Committee on Child Abuse that a new review be undertaken "of the legislation affecting children using the articles of the Convention as a guideline." (Para. 12 of the report).

5. What measures are being undertaken to improve the collection of statistical data and other relevant information about the status of children so that they may be used as a basis for designing programmes for the implementation of the rights of the child? Is there a need for technical assistance in this area?

6. In light of Article 4 of the Convention concerning the obligation of the State to undertake measures to implement economic, social and cultural rights to the maximum extent of available resources, please describe the steps taken to implement the provisions of this article, particularly with regard to the programmes designed to address the needs of children belonging to the most vulnerable groups in society.

7. What share of international assistance is devoted to programmes which benefit children?

8. Are there any plans to establish a mechanism for overall responsibility in coordinating the monitoring of the implementation of the rights of the child?


Definition of the child
(Article 1 of the Convention)


9. Please explain the reasons for the difference between the age of completion of compulsory education and the minimum age for employment.

10. In view of the information contained in paras. 32 and 33 of the report, please indicate whether the Government has considered the possibility of raising the minimum age for the consumption of alcohol presently provided for in section 9 (2) of the Juveniles Act to bring it into line with the age provided for in Section 62 of the Spirit License Act.


General principles
(Arts. 2, 3, 6 and 12)


11. Please indicate to what extent the provisions of article 2 are covered in national legislation with regard to all possible grounds for discrimination spelled out in the article, especially for children belonging to minority groups and children living in the rural areas.

12. Please indicate in what ways the "best interests of the child" are taken into consideration in the legislation as well as in judicial, administrative and other proceedings.

13. What concrete measures have been taken to educate the public, including children, about the "fundamental rights and freedoms" referred to in para. 35 of the report?

14. Please indicate how the principle of respect for the views of the child is implemented in all matters affecting the child, in the family, at school and in judicial and administrative proceedings.


Civil rights and freedoms
(Arts. 7, 8, 13-17 and 37 (a) of the Convention)


15. Please provide information on any difficulties encountered in ensuring that every child is registered after birth. Do penalties exist for failure to register or delayed registration.

16. With reference to para. 40 of the report, please provide information on the practical difficulties experienced in implementing legislative provisions relating to the freedoms of children.

17. How are children protected from violence, sexual abuse and harmful exposure in the mass media?

18. Is corporal punishment allowed in schools or other institutions for children? Are there complaint procedures which can be used by children themselves against such violations?

19. Please provide information on the incidence and causes of the ill-treatment of children, in particular on the studies which have been undertaken in this regard which would assist in the design of appropriate prevention and rehabilitation activities.


Family environment and alternate care
(Arts. 5, 18 paras. 1 and 2, 9, 10, 27 para. 4, 20, 21, 11, 19, 39 and 25 of the Convention)


20. Are there any problems encountered in monitoring and implementing the Maintenance Act? What procedures exist to ensure that a child is not deprived of his or her maintenance?

21. In the light of the provisions of article 19 of the Convention, please indicate how cases of the neglect and abuse of children, including in the home, are investigated and of the steps taken to prevent such abuses from occurring as well as the procedures which children can use to complain about their ill-treatment. In addition, please provide further information on the measures taken to follow-up on the recommendations forthcoming from the Task Force on Child Abuse, referred to in paras. 52 and 53 of the report.

22. Please provide further information on the kinds of institutions which exist to provide alternative care to children, the number of children under such care, the coverage they provide for children who are in need of care and the procedures in place for monitoring the conditions in the institutions. What difficulties, if any, are encountered in providing quality care in these institutions, including on account of economic constraints?

23. How and to what extent is parental education provided for? Does such parental education promote recognition of the principle that both parents have common responsibilities for the upbringing and development of the child and that the best interests of the child is taken as the primary consideration in all actions concerning the child? Are family counselling services widely available?

24. What safeguards are in place to ensure that the procedures relating to national and inter-country adoption are guided by the provisions of the Convention, in particular its articles 3, 12 and 21? Are any difficulties being encountered in the implementation of the provisions of the above-mentioned articles of the Convention?


Basic health and welfare
(Arts. 6 para. 2, 23, 24, 26, 18 para. 3 and 27 paras. 1 to 3 of the Convention)


25. What proportion of the national and local level budgets is allocated to health and of that, what percentage is devoted to the provision of primary health care?

26. Please provide information, with statistical data and indicators where possible, on:

- access to health care services in both urban and rural areas;

- level of malnutrition among children and any programmes to reduce it;

- family planning services;

- prenatal and postnatal services; and

- the occurrence and treatment of HIV infection among children and parents and measures to prevent the spread of the disease.

27. Please provide information on the situation of disabled children including their access to education, training, health care services, rehabilitation and integration into society, and preparation for employment and recreation facilities.

28. Are social security schemes available and, if so, how do they benefit children and are they adequate to meet the needs of the poorest children in society?


Education, leisure and cultural activities
(Arts. 28, 29 and 31 of the Convention)


29. What portion of the budget is allocated to primary education?

30. What time related goals has the Government set to progressively realize the right to education?

31. Please provide statistical and other information disaggregated, by gender, rural/urban areas, age and level of education (primary/secondary) in relation to the implementation of the right to education and the incidence of school drop out.

32. Please provide clarification as to the meaning of compulsory school areas. In addition, please provide clarification as to the statement made in para. 17 of the report that the Minister (responsible for Education) shall by order declare the compulsory school age in relation to compulsory education areas.

33. What measures are being taken to improve school attendance and to prevent children dropping out from school?

34. What measures are being taken presently to improve the quality of education, including through curriculum development and teacher training?

35. Please provide information on the integration of the subject of human rights into the curricula of formal and non-formal education

36. Are there any programmes to promote recreational and cultural activities other than at school?


Special protection measures
(Arts. 22, 30 and 32-40 of the Convention)


37. Please provide information on the development of programmes for the prevention of juvenile delinquency.

38. Please provide information on the situation of children in the system of administration of juvenile justice, in particular with regard to the following questions:

- Arrest, detention or imprisonment as a measure of last resort and for the shortest possible period of time;

- The number of children deprived of their liberty and the reasons for their deprivation of liberty;

- How are conditions monitored in institutions which exist for the custody of young law offenders?;

- What education and health facilities exist in these institutions?; and

- Have personnel in these institutions received training about the provisions of the Convention and about international rules concerning the treatment of young offenders?

39. Is the Government considering the possibility of raising the minimum age for employment in light of the provisions of article 32 of the Convention and relevant IL0 Conventions relating to minimum age for employment? In this connection, has the Government considered the possiblity of ratifying ILO Convention No. 138?

40. What penalties or other sanctions have been provided for in national legislation to ensure the implementation of the provisions of article 32 of the Convention? What procedures exist for the imposition of such sanctions? In addition, please provide information on the adequacy of the existing system for the supervision and inspection of workplaces and on the number of inspection visits made, of reports of non-observance of regulations and of sanctions imposed.

41. Please provide information on the incidence of the sexual exploitation and abuse of children as well as of drug abuse among children and the measures, other than those of a legislative nature, to prevent and combat such exploitation and abuse.

42. In view of the reports received by the Committee of children seeking refuge in Jamaica, has the Government considered undertaking new legislative and administrative measures to assist and protect children in refugee and asylum seeking situations?


©1996-2001
Office of the United Nations High Commissioner for Human Rights
Geneva, Switzerland