Reply to List of Issues : Jamaica. 17/01/95.
. (Reply to List of Issues)
COMMITTEE ON THE
RIGHTS OF THE CHILD
R E V I S E D V E R S I O N O F T H E

WRITTEN REPLIES FROM THE GOVERNMENT OF JAMAICA
TO THE QUESTIONS RAISED BY THE COMMITTEE IN THE
LIST OF ISSUES (CRC/C.8/WP.3) RELATING TO THE
INITIAL REPORT OF JAMAICA (CRC/C/8/Add.12)

Received on 17 January 1995


COMMITTEE ON THE RIGHTS OF THE
CHILD

CONSIDERATION OF JAMAICA'S INITIAL
REPORT
18-19 JANUARY, 1995


Responses to Issues raised by Working Group of the Committee on the Rights of the Child in Geneva in October 1994. The responses are numbered in the order of the list of issues.
General Measures of Implementation
(Arts. 4, 42 and 44 para. 6 of the Convention)

Q1: 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?

A1: The rights of the child, paras. 41, 42 and 44 and para. 6 of the Convention, as provided for under the Convention, have been incorporated into the Government's national plans, policies and programmes. This is illustrated by quotations from national policy documents.

The Jamaica Five Year Development Plan for 1990-1995 states that: "the thrust of public policy will be directed at... provision of support, guidance and assistance to parents so as to prevent the break-up of families (Articles 5 and 18) ... decreased institutionalization of children, improved facilities for institutionalization (Articles 9, 20 and 5.5) and amelioration of the condition of children in especially difficult circumstances" (preamble).

The draft Five Year Development Plan for children for 1995-2000, while emphasizing earlier goals, includes specific measures such as to improve the legislation dealing with children, to increase the number of Family Courts to enforce this legislation and to strengthen the monitoring system to ensure that laws are implemented and to develop a National Policy for Children.


Q2: 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.

A2: Information about the Convention is being included in seminars and workshops conducted within various professional groups eg., a sensitization programme directed especially towards police officers was launched in November 1994 at a workshop among senior members of the Police Force which was attended by the Commissioner of Police, the Minister of Youth and the Commissioner of Corrections. This is the first of a series of twelve (12) monthly workshops to be held islandwide at all levels of the Police Force. A second was held in December and the one for January, in a different location, is already scheduled. All the professional groups, save the judges mentioned in the question, are included in these training sessions.

With the support of UNICEF, a special training programme is being arranged for the judges, to be incorporated in the meetings of their professional association.

Q3: What is the status of the Convention in relation to national legislation? Can the Convention be invoked in court?

Q6: 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.

A6: The needs of children in the most vulnerable groups in society are addressed by the following programmes, supported jointly by UNICEF and the Government of Jamaica;

1. Primary Health Care
Implementing Agency - Ministry of Health
- Immunization of children
- Promotion of breast-feeding
- Control of diarrhoeal disease
- Health education
- Care of pregnant women

2. Children in especially difficult circumstances
Implementing Agency - Ministry of Youth and
Child Guidance Clinic, Ministry of Health
- Detection and treatment of child abuse
- Rehabilitation of street children
- Rehabilitation of disabled children
- Policy development for children
- Early childhood development/Home based nurseries
- Early childhood development/day care


Q7: What share of international assistance is devoted to programmes which benefit children?

A7: The share of international assistance devoted to programmes for the 94/95 financial year which benefit children, is as listed hereunder -

Child Support Unit/UNICEF - $10,959
Urban Basic Services/UNICEF - $ 2,870
Kingston and St. Andrew Family Life/UNFPA - $ 1,620
$15,449 = 0.03%
Q8: Are there any plans to establish a mechanism for overall responsibility in coordinating the monitoring of the implementation of the rights of the child?

A8: A committee, which includes representatives of government and NGOs which has completed the draft of a National Plan of Action for children for 1995 to 2000, has as its final goal the establishment of a coordinating and monitoring mechanism.

Definition of the Child
(Article 1 of the Convention)

Q9: Please explain the reasons for the difference between the age of completion of compulsory education and the minimum age for employment.

A9: It is difficult to respond to this question with any degree of accuracy, save to say that historically, children of rural farmers have assisted their parents in family enterprises sometimes to the detriment of their primary education. It is possible that the law, while recognising the importance of this assistance to family survival, provided that school attendance should be concurrent with such assistance. It must be recognised that the Juveniles Act was passed in 1951 and, in spite of various amendments, is now due for a complete review. This question of the gap between the minimum age for employment and the age of compulsory education is one of the issues to be explored in the ongoing preparation of the new Child Protection Act.


Q10: 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 Licence Act.

A10: The possibility raising the minimum age for the consumption of alcohol presently provided for in Section 9 (2) of the Juveniles Act to bring it in line with the age provided for in Section 62 of the Spirit Licence Act has not so far been considered. It has now been included in a review of some anomalies relating to "age" which is currently being conducted.
General Principles
(Arts. 2, 3, 6 and 12)

Q11: 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.

A11: The rights of children are protected by Chapter III of the Jamaican Constitution, which was quoted in the Initial Report submitted in October 1993. All children enjoy the same protection regardless of their parents' "race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin..." as outlined in Article 2 of the Convention.

These provisions are reinforced by the Status of Children Act, which was enacted in 1976 "to remove the legal disabilities of children born out of wedlock" and the Juveniles Act, which stipulates that a court shall have regard for the religion of the juvenile when making an order of sending the juvenile to a correctional centre.


Q12: 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.

A12: Legislation:

"The best interests of the child" are considered in
- The Children (Guardianship and Custody) Act -"Where in any proceeding before any Court the custody or upbringing of a child.. is in question, the Court in deciding that question, shall regard the welfare of the child as the first and paramount consideration..."

Juveniles Act

- This Act provides for the provision of alternative care for the child, where parents or others charged with that responsibility fail to do so.

Thus: the law gives any constable, children's officer or probation/after care officer power to take before the Juvenile or Family Court any juvenile in need of care and protection, gives the Court power to remove the child from home and to place him/her in suitable alternative accommodation.

Under the Matrimonial Causes Act a Court may grant an injunction for the protection of a child of a marriage or other union.

Judicial and administrative proceedings support the spirit of the law which strives to protect the best interests of the child by privacy in conducting proceedings, protection from media publication of any matters involving children whether by report or by picture.

Q13: 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?

A13: As a pilot project, the Child Support Unit, which administers the programme for children in especially difficult circumstances within the Ministry of Youth, undertook a programme in late 1994 in the parish of St. Thomas to bring together a number of social workers, police, teachers and such persons for training workshops on these issues. This programme emerged as a "training for trainers" who are expected to use their influence in their various agencies to educate adults and children alike. In addition, the Specialist Committee on Child Abuse has embarked on a programme of public education in keeping with the Task Force recommendation to "disseminate information through existing institutions such as Village Clubs and Parent Teachers Associations". The members of the Specialist Committee have served as resource persons in this activity.

Q14: 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.

A14: In the family, the principle of respect for the views of the child can only be facilitated by the parents and every effort is made to include this item in the parenting training which is described in the response to question 23. In all teacher-training, teachers are encouraged to include the child particularly in any discussion which includes himself. All court proceedings, involving children provide opportunities for their views to be heard.

Civil Rights and Freedoms
(Arts, 7, 8, 13-17 and 37 (a) of the Convention)

Q15: 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.

A15. Under the Registration of Births and Deaths Act, the father and mother and some other persons are required within forty-two (42) days of the birth of a child, to furnish the particulars required for registration of birth and, in the presence of the Registrar, to sign the registration form. Persons in charge of hospitals are also required to furnish the information for registration within fourteen (14) days after birth. The Act also empowers the Registrar to require a person to attend and furnish the information if no earlier registration has been done.

The administrative structure which facilitates these requirements is a central department of government, headed by a Registrar General and a network of Registrars usually the postmasters of post offices islandwide who are responsible for performing in their various rural districts. These arrangements provide a fairly efficient system of registration, especially as the Birth Certificate is a requirement to allow a child to enter school, obtain a passport, enter the Government Services and in many cases, obtain employment.

There is a penalty of Twenty Dollars ($20.00) for failure to register or delayed registration. This law is now being reviewed and the penalty will almost certainly be increased substantially.


Q16. 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.

A16: The only area in which difficulty has been encountered is that of implementing legislative provisions relating to the freedom of children to express themselves. In the past this difficulty has been occasioned not by the legislative provision, but by the socialization of the children themselves, which renders them in awe of the judge, and the other adults present in any court proceedings. Attempts have been made to reduce this awe by providing an informal atmosphere in the court setting and allowing only such persons as are absolutely necessary to the conduct of the proceedings to be present and by providing for the judge to have discussions in chambers with the child alone, especially in custody hearings.

The freedom of children to express themselves has been facilitated by a growing tendency in the society to allow and encourage children both in the school and family setting to express their views freely. These comments have greater relevance in cases of alleged abuse of children old enough to give evidence. The parents are often represented by counsel and the children's officers who, in theory, represent the child, are sometimes themselves restricted by their lesser knowledge of the law and what they perceive as their lesser status in the hierarchy. This situation makes a good case for the provision of a Children's Advocate, to represent all children who appear in court without legal representation.


Q17: How are children protected from violence, sexual abuse and harmful exposure in the mass media?

A17: Children are protected from violence and sexual abuse by the Offences Against the Person Act, which, in a section on the Protection of Women and Girls, make specific provision for severe penalties against persons who commit sexual offences against persons under the Age of Consent.

With regard to protection from harmful exposure in the mass media, the Juveniles Act (Section 56 & 57) prohibits the publication of any proceedings in any court in which a juvenile is involved and forbids the publication of any details which may lead to the identification of a juvenile. The law also forbids the publication of a picture of such a juvenile.


Q18: 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?

A18: The law does not explicitly forbid corporal punishment although it does speak of "excessive" punishment. The Task Force report includes a recommendation for legislation which would make corporal punishment in schools illegal. Current practice is that the principals of primary schools sometimes administer corporal punishment.

Q19: 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.

A19: The most recent study is the Situation Analysis of Children in Jamaica undertaken by the Government of Jamaica in association with UNICEF. There have also been earlier studies, such as the Report of the Task Force on Child Abuse and a comparative study of children brought up in foster homes and those brought up in institutions, which has not yet been completed.

Family Environment and Alternate Care
(Articles 5, 18 paras. 1 & 2, 2, 10, 27 para 4, 20, 21, 11, 19, 39 & 25 of the Convention)

Q20: 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?

A20: There is adequate provision within the court system for implementing the Maintenance Act. Orders are made by the court and there is a "Collecting Officer's" section which provides for the receipt of maintenance payments by the father and the collection by the mother on a fortnightly basis. However, the process is sometimes frustrated because if the father moves suddenly to another parish or worst, to another country, it may be difficult to locate him even though the law allows the order to be executed.

Q21: 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.

A21: Cases of suspected child abuse are reported to various agencies such as the Police, the Children's Services, the Probation Service and the Family Court. Officers from these agencies investigate these reports, remove the children where necessary and arrest the abuser if known. This process has been facilitated by the establishment of special units within the Police Force for the investigation of Sexual Offenses. These units are in all major towns and have a staff of police officers for investigations, facilities for medical examination and doctors on call at any time.

Children can complain about their ill-treatment by calling these units or by calling a child abuse hot-line at the Family Court.

Any report by a child to a police officer, children's officer or other social worker is investigated.

With regard to the Task Force recommendation, a referral and recording computer system for the reporting of child abuse has been established within the Child Guidance Clinic of the Ministry of Health. Reports are collected by parish teams, a network with the Children's Services, its focus which has been facilitated by the Specialist Committee on Child Abuse and forwarded to a central point. So far, this
activity has been administrative. It is proposed to include it in the proposed Child Care and Protection Act.


Q22: 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?

A22: The following institutions exist to provide alternative care to children:

1. Places of safety to provide temporary shelter for children who are being taken before the Courts as in need of care and protection or are remanded by the Courts for investigation or social enquiry reports before placement.

2. Children's Homes to provide alternative care for children who have been deemed in need of care and protection by the courts.

The details of these data are shown at Table A Appendix A.

The chief difficulties experienced in providing care in these institution are economic constraints which affect the recruitment of suitable staff and the lack of funds to provide skills programmes for the preparation of these children for re-entry into society. Conditions in the institutions are monitored by constant visits from Children's Officers and by monthly visits from doctors and nurses from the Ministry of Health,who are also available for emergency visits.


Q23: 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?

A23: Increasingly, over the last five years parental education is provided within the context of Parent Teachers Associations, church groups and community groups. Particularly effective has been the Coalition for Better Parenting, a brainchild of the Minister of Education and Culture, which was launched in 1991 and attempts, under the auspices of the Ministry of Education to make groups more effective in dealing with issues relating to parenting.

It is a national network of groups and individuals who are interested in actively promoting effective parenting. Leadership for the Coalition's activities is provided by a Technical Advisory Committee which, through a Secretariat, is responsible for assisting groups which are doing parenting training, organising the pooling of resources, working through present groups (such as PTA'S) to mobilize them to introduce training of parents and generating information and materials. The Technical Advisory Committee includes representatives of five (5) Government and ten (10) non-government organisations.

Family counselling services are widely available through the Family Court, various church groups, and non-government agencies are conscious of the need to expand the family counselling services which exist in rural areas.


Q24: 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?

A24: The procedures relating to adoption are guided by the provisions of the Adoption Law, which provides that the adoption is in the best interests of the child. This is determined by a thorough investigation of the child's circumstances by a social worker before the Court considers the adoption. The child's opinion is heard by the Court, if he/she is old enough. No adoption is legal without these procedures having been followed. Inter-country adoptions are only undertaken between Jamaica and countries with which the necessary agreements exist and care is taken to ensure that competent authorities exist to monitor the adoption in such countries.

The difficulties which exist relate to a shortage of staff and resources to conduct investigations. A proposal is being considered to improve this situation by merging the staff of the Adoption Board, who are currently exclusively responsible for these investigations, into the staff of the Children's Services, which would increase the number of persons available for adoption investigations islandwide.

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

Q25: 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?

A25: The proportion of the national and local level budgets allocated to health is $2,701,830.00. This represents 4.91 % of the National Budget. Of that amount $356,678.000 is devoted to the provision of primary health care, which is 13.2% of the Ministry of Health's budget.

Q26: 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.

A26: The availability of health care services to mothers and children has been improved
over the last five (5) years by

- Establishment of a Health Corporation to provide management for pharmaceutical and medical supplies

- Renovation of major hospitals

- A Health Maintenance Unit.

As shortage of manpower in the health sector has been partly alleviated by

(a) the employment of expatriate nurses

(b) introduction of a pre-nursing programme in 1989, for which scholarships were provided.

- The national status of children under five (5) years is illustrated in Tables 3.3.1 and 3.3.2, given overleaf.


Table 3.3.1: Prevalence of Low Weight for Age, Wasting and
Stunting Among children less than Five Years,
1989-1992

Nutritional Classification*
1989
%
1990
%
1991
%
1992
%
Weight for age
60 - 80%
< 60%
6.5
0.8
7.9
0.4
9.0
-
8.1
0.5
Wasting (Weight
for height)
70 - 80%
< 70%
1.5
0.6
3.2
0.4
1.9
0.2
0.8
0.1
Stunting (Height
for age)
85 - 90%
< 85%
1.7
1.2
2.1
1.3
1.6
1.0
3.5
1.6
Number
1588
700
624
1519
* Based on NCHS Reference Standards
Source: Survey of Living Conditions; (PIOJ).



Table 3.3.2: Proportion of Children Under Five Years with Low Weight for Age by Poverty Level and Geographic Area


Percent of Children Under 5 Years with
With Low Weight for Age
All
Areas
KMA
Other
Towns
Rural
Areas
Children in Families Below the Poverty Line
10.7
[N=1151]
9.4
[N=184]
6.5
[N=154]
11.8
[N=813]
Children in Families Above the Poverty Line
6.6
[N=1457]
8.4
[N=526]
7.1
[N=282]
5.0
[N=650]
Source: 1992 Survey of Living Conditions.

- Family planning and prenatal and postnatal services are available islandwide

- The distribution of AIDS cases among children is shown in Table 4.2.4 overleaf.

These are managed by the Epidemiology Unit in the Ministry of Health and there is a Family Centre at the University of the West Indies which deals with families with HIV infection and finds placement for children who are orphaned because of AIDS.


Q27: 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.

A27: There are no national studies on childhood disabilities. Several sub-national studies have been done, the most significant by Paul Desai Thorburn in 1991 on a sample in one (1) parish among 5,468 children (2-9). Results indicate that the prevalence of all levels of disabilities was 93.9 per 1,000, while the level of serious (moderate and severe) disabilities was 24.9 per 1,000, with wide variation between types of disabilities, the most common being cognitive and the least frequent being seizures. Government accepts responsibility for the care of disabled children.

At December 1993, 393 children were being cared for in Government institutions. The Ministry of Education had 2,216 disabled children in its Special Education Programme in 11 schools and provided in-service training for teachers in special education. There are several NGOs serving disabled children such as the Private Voluntary Organization, which provided training to children, parents and teachers; 3D Projects Limited which trained children, completed a two (2) year programme in community-based rehabilitation and implemented a work experience programme; and Parent-to-Parent Advocacy groups, which trained children and their parents in dealing with the problems of childhood disability.

In spite of these activities, which have escalated during the past three (3) years, there are many children with disabilities who are in need of service. The problems which have been identified and for which government is seeking solutions, include:

1. An inadequate institutional framework to manage the special education programme.

2. Inadequate assessment and placement services islandwide for all categories of special children.



Table 4.2.4: Distribution of Reported AIDS Cases Among Females
by Age and Sex Ratio, 1982-1993

Age (years)
Total Cases
Female Cases
Female:male
< 1 year
33
16
0.9
1 - 4
20
9
0.8
5 - 9
2
1
1.0
10 - 19
10
5
1.0
20 - 29
151
61
0.7
30 - 39
221
84
0.6
40 - 49
124
32
0.4
50 - 59
42
7
0.2
60 +
23
7
0.4
Unknown
43
12
0.6
Total
669
234
0.5
Source: Ministry of Health Epidemiology Unit.

3. Inadequate number of special education units in primary schools to facilitate the teaching of children who cannot be mainstreamed.

4. Lack of support personnel, eg. audiologists, physiotherapists and social workers.

Data from a community-based study in 1991 are presented in Table 7.1.2 overleaf.


Q28: 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?

A28: The chief social security scheme is the National Insurance Scheme, which provides survivor benefits for children under 18. This is a contributory scheme which benefits only the children of working parents.

The Ministry of Labour and Social Security also provides benefits under a public assistance scheme which is non-contributory and is designed to assist the poorest children in the society, who also receive assistance from the Poor Relief Department, which is operated under the Poor Relief Act, "for the indigent of the parish". These facilities are available islandwide and attempt to satisfy the needs of the poor within the limits of available resources.

Education, Leisure and Cultural Activities
(Arts. 28, 29 and 31 of the Convention)

Q29: What portion of the budget is allocated to primary education?

A29: The portion of the budget allocated to primary education is $1,812,425, representing 31.28% of the Ministry of Education's budget.

Q30: What time related goals has the Government set to progressively realize the right to education?

A30: The Government's goals for realising the right to primary education are:

(a) To provide equal educational opportunities for projected enrolment by 1994. This has been achieved.

(b) To provide equal educational opportunities for secondary and tertiary education by the year 2000.


Table 7.1.2 Estimated Numbers of Children Requiring
Different Services by Type of Disability




Disability
Type
Type of Service Needed
Special - listMedicationCBR*Special
Education		Glasses
Motor

Hearing

Vision

Fits

Speech

Cognitive

Total
724

2,750

3,105

0

1,862

2,342

10,783
0

275

592

1,636

0

0

2,503
2,513

3,025

592

182

9,310

23,424

39,066
724

3,300

0

182

2,793

55,663

62,632
0

0

6,211

0

0

0

6,211

Source: Thorburn M.J. (1991)
* Community-based Rehabilitation

(c) Non-formal (Literacy and Adult Education)
To strengthen and expand the literacy programme to attain full functional literacy by the year 2000.


Q31: 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.

A31: The attached tables (8 sheets) give the available data requested in this question.

Source: Ministry of Education.

Q32: 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.

A32: Although the objective of Government is to provide compulsory education at the primary level for all children under 14, there have been difficulties in enforcing this in rural areas because of lack of means of parents to send children to school. Hence, the strategy has been devised, and implemented in 1982, to use certain areas as pilot areas and to encourage parents to send children to school by providing incentives such as the school feeding programmes described in the answer to question 33.

The preliminary section of the Education Act states that "compulsory school age" means in relation to any compulsory education area, the ages between which all children residing in such area are declared, under Section 20, to be of compulsory school age. In the context of the explanation given above, the law provides that "The Minister may by order declare any area within a radius of three (3) miles from any school specified in such order to be a compulsory area and the compulsory school age in relation to such compulsory education area.


Q33: What measures are being taken to improve school attendance and to prevent children dropping out from school?

A33: The Ministry of Education provides:

(a) A school feeding programme to provide breakfast and lunch and a mid-morning snack for needy students in public schools

ENROLMENT IN VOCATIONAL/AGRICULTURAL HIGH SCHOOLS
BY AGE, GRADE AND SEX

AGE SEX GRADE 10 GRADE 11 GRADE 12
TOTAL
10-12
GRAND
TOTAL
14 M 4
          F 2
15 M 174 3
          F 157 3
16 M 44 93
          F 67 87
17 M 42 34 4
          F 94 88 2
18 M 137 11
          F 90 8
19 M 29
          F 19
4
2
177
160
137
154
80
184
148
98
29
19
6

337

291

264

246

48
TOTAL M 264 267 44
          F 320 266 29
575
617
1192
GRAND TOTAL 584 535 73
1192




TABLE 3-17 ENROLMENT IN TECHNICAL HIGH SCHOOLS
BY AGE, GRADE AND SEX

AGE SEX GRADE 7 GRADE 8 GRADE 9 GRADE 10 GRADE 11
TOTAL
GRAND TOTAL
11 M 20
          F 12
12 M 212 25
          F 216 22
13 M 130 440 41
          F 212 488 21
14 M 33 635 435 44
          F 67 795 487 36
15 M 237 730 508 34
          F 389 920 495 36
16 M 519 756 317
          F 560 759 421
17 M 612 690
          F 531 662
18 M 473
& OVER F 405
20
12
237
238
611
721
1147
1385
1509
1840
1592
1740
1302
1193
473
405
32

475

1332

2532

3349

3332

2495

878
TOTAL M 395 1337 1725 1920 1514
          F 507 1694 1988 1821 1524
6891
7534
14425
GRAND TOTAL 902 3031 3713 3741 3038
14425
ENROLMENT IN SECONDARY HIGH SCHOOLS
BY AGE, GRADE AND SEX
AGE SEX GRADE 7 GRADE 8 GRADE 9 GRADE 10 GRADE 11
TOTAL
7-11
GRADE 12 GRADE 13
TOTAL
GRAND
TOTAL
11 M 1704
      F 2127
12 M 2954 1577
      F 4113 2114
13 M 1120 2992 1444
      F 1558 4268 1958
14 M 83 1237 2990 1267
      F 65 1726 4134 1796
15 M 62 1459 2901 1279
      F 69 2059 4088 1418
16 M 213 1333 2534
      F 266 1877 3719
17 M 265 1394
      F 236 1858
18 M 396
& OVER F 388		1704
2127
4531
6227
5556
7782
5577
7720
5701
7634
4080
5862
1659
2094
396
388		295
410
271 226
449 258
209 278
236 359		1704
2127
4531
6227
5556
7782
5577
7720
5701
7634
4375
6272
2456
2801
883
983		3831

10758

13338

13297

13335

10647

4957

1868
TOTAL M 5861 5868 6106 5766 5603
      F 7861 8178 8417 7997 7383
29204
39834		775 507
1095 617		30483
41546		72029
GRAND TOTAL 13722 14044 14523 13763 12986690381870 112172029

TABLE 3-11ENROLMENT IN NEW SECONDARY SCHOOLS
BY AGE, GRADE AND SEX
AGE SEX GRADE 7 GRADE 8 GRADE 9 GRADE 10 GRADE 11 TOTAL
                                                  7-11
TOTAL
11 M 75 75
      F 19 19
12 M 3769 202 3971
      F 3037 83 3120
13 M 2316 3800 250 6366
      F 1865 3086 136 5087
14 M 181 2232 3860 471 6744
      F 143 1701 3226 162 5232
15 M 148 2342 4655 250 7395
      F 164 2079 4026 103 6372
16 M 182 2503 3763 6448
      F 214 2483 3482 6179
17 M 296 2259 2555
      F 395 2087 2482
18 M 304 304
& OVER F 275 275
94

7091

11453

11976

13767

12627

5037

579
TOTAL M 6341 6382 6634 7925 6576 33858
      F 5064 5034 5655 7066 5947 28766
62624
GRAND TOTAL 11405 11416 12289 14991 12523 62624

TABLE 3-9ENROLMENT IN ALL AGE SCHOOLS -GRADE 7-
BY AGE, GRADE AND SEX

AGE SEX GRADE 7 GRADE 8 GRADE 9 GRADE 10 GRADE 11
TOTAL
1-11
GRAND
TOTAL
11 M 264
          F 451
12 M 6441 353
          F 6306 349
13 M 3577 5760 343
          F 2914 5419 413
14 M 569 3203 4841
          F 300 2729 4244
15 M 323 2208 59 4
          F 223 1873 42 28
16 M 145 48 29
          F 101 36 37
17 M 16 51
          F 5 9
18 M 8
& OVER F 8
264
451
6794
6655
9700
8746
8613
7273
2594
2166
222
174
67
14
8
8
715

13449

18446

15886

4760

396

81

14
TOTAL M 10851 9659 7537 123 92
          F 9971 8720 8631 83 80
28262
25485
53747
GRAND TOTAL 20822 18379 14168 206 172
53747

TABLE 3-7ENROLMENT IN ALL AGE SCHOOLS - 1-6
BY AGE, GRADE AND SEX
          INFANT
AGE SEX DEPT. GRADE 1 GRADE 2 GRADE 3 GRADE 4 GRADE 5 GRADE 6
TOTAL
1-6
GRAND
TOTAL
5 & M 246
OVER F 121
6 M 9054 324
      F 8365 475
7 M 2916 8367 416
      F 2114 8142 591
8 M 344 3049 8027 430
      F 186 2266 7866 888
9 M 699 3546 8103 449
      F 329 2622 7876 663
10 M 663 3330 7169 596
      F 427 2373 7282 1137
11 M 717 3334 7210
      F 487 2609 7414
12 M 768 3338
      F 479 3070
13 M 499
      F 385
246
121
9378
8840
11699
10847
11850
11204
12697
11489
11758
11219
11261
10510
4108
6549
499
385
367

18218

22546

23054

24186

22977

21771

7655

884
TOTAL M 12500 12330 12652 12580 11720 11643
      F 10786 11212 11506 11621 11033 12006
73494
68164
141658
GRAND TOTAL 23346 23551 24158 24201 22763
141658

TABLE 3-5ENROLMENT IN PRIMARY SCHOOLS
BY AGE, GRADE AND SEX
          INFANT
AGE SEX DEPT. GRADE 1 GRADE 2 GRADE 3 GRADE 4 GRADE 5 GRADE 6
TOTAL
1-6
GRAND
TOTAL
5 & M 275
OVER F 121
6 M 10333 470
      F 10392 441
7 M 3187 9979 419
      F 2590 10228 607
8 M 326 3600 9791 774
      F 163 2807 9730 881
9 M 427 3853 9450 688
      F 232 2908 10027 1088
10 M 537 3737 6367 913
      F 332 2933 9032 1037
11 M 636 3809 7706
      F 350 2691 8694
12 M 449 3324
      F 340 3265
13 M 93
      F 61
275
121
10803
10833
13666
13426
14491
13581
14418
14266
13664
13334
11951
11735
3773
3605
93
61
396

21638

27010

28072

28673

26888

23666

7376

164
TOTAL M 14121 14476 14600 14597 13113 12036
      F 13266 13708 13577 14191 13151 13057
82943
80950
163893
GRAND TOTAL 27387 28184 28177 28788 26264 26093
163893
ENROLMENT RATES 1992-93


PRIMARY LEVEL 92%

FIRST CYCLE SECONDARY LEVEL 80%

SECOND CYCLE SECONDARY LEVEL 49%

(b) A school incentive programme, which offers annual awards to schools based on the condition of the school, involvement in project assignments and leisure activities. This programme has had success in motivating children to attend school

(c) Curriculum Revision - The curricular at the primary levels and the first cycle secondary level have been revised to a more student-centred approach, which helps to maintain student interest

(d) Free text books for children at the primary level

(e) Transportation - School buses are provided for children in both rural and urban areas with fares subsidized by Government

(f) The education system allows teenaged mothers to return to school to complete their education, but they are encouraged to enrol in school other than the one at which they became pregnant.

Q34: What measures are being taken presently to improve the quality of education, including through curriculum development and teacher training?

A34: A curricular guide for the primary level has been developed and is currently being used in all primary schools, but teachers are encouraged to be creative and resourceful and not to follow the guides slavishly. At the secondary level a new curriculum has been developed for grades 7-9 and is being delivered under the ROSE Project. This new curriculum allows children in grades 7-9 of all age and secondary schools to have access to the same level and type of education. Special reading materials (Foundation I and II) have been developed for children from all age schools who are reading below their grade level in order to bring them on par with their peers in other secondary schools.

Teacher Training

This is being done under a number of projects. The ROSE Project trains teachers, principals and other educators in the delivery of the new grades 7-9 curriculum. Under the LEAP II Project resource centres are being established and teachers are also trained to manage these centres. Teachers are also trained in multi-grade teaching, which is funded by the OAS, and the SSDP undertakes training for teachers at grades 1-3 of the primary level.

A Professional Development Unit (PDU) was recently established in the Ministry of Education and is responsible for the training of all personnel in the education system. This training involves short and long term courses leading to certificates and diplomas, etc.


Q35: Please provide information on the integration of the subject of human rights into the curricula of formal and non-formal education.

A35: No structured integration of the subject of human rights into the curricula of formal and non-formal education has been accomplished, although children are exposed to various seminars, workshops and community activities as have been described in this paper.


Q36: Are there any programmes to promote recreational and cultural activities other than at school?

A36: The Jamaica Cultural Development Commission (JCDC) is largely responsible for such activities. They coordinate 14 parish committees, which organize groups and clubs with activities in traditional dances and folk forms for all children whether in school or not. The Commission also coordinates Regional and National activities such as a Festival of Arts in June of each year, a National Mento Yard competition, a Culinary competition and a Literary competition. The Institute of Jamaica, the Cultural Training Centre and the National Gallery also organise similar programmes, and the Heritage Trust in association with the JCDC organise trips to Heritage sites and encourage youngsters to do research on sites and events concerning their culture and heritage in their own parishes.

Special Protection Measures
(Arts. 22, 30 and 32-40 of the Convention)

Q37: Please provide information on the development of programmes for the prevention
of juvenile delinquency.

A37: Examples of programmes for the prevention of juvenile delinquency are:

- The Attendance Centre of the Family Court:
- This is a learning and skills training programme for children between 14 and 18 who have been before the Court on minor offences and have difficulty returning to school. They are usually supervised by a Children's Officer or a Probation Officer.

- LEAP (Learning for Earning Activity Programme) is a residential programme for street children run by Government. It provides skills training and the children work in income generating projects such as leather craft, small appliance repairs and home economics.

- The Women's Centre Foundation of Jamaica, which is funded partly by Government and partly by various international agencies, has centres islandwide to provide education and skills training for girls under 18 who have become pregnant while in school. They also provide guidance and counselling, family life and family planning education to the girls as a means of preventing second pregnancies. After the birth of their babies, the girls are returned to the school system where they are monitored for a further two (2) years. Fathers are also included in the counselling process. This programme has been very successful with a very low rate of repeat pregnancies.

- The Project Advisory Committee on Street Children includes a group of agencies which provide services for street children such as hot meals, a residential facility for younger children, skills training for older children and parenting and guidance counselling for over 400 street children in five (5) parishes.


Q38: 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?

A38: During 1993, 1,303 male juveniles and 707 female juveniles appeared before courts on serious charges as under:
- Assault, Bodily Harm, Wounding, Larceny, Breaking and Entering, Rape, Indecent Assault and Carnal Abuse, Murder and Manslaughter.

- At the end of 1993, 263 juveniles found guilty by the courts of serious crimes, were at juvenile institutions.

- Conditions are monitored by a team of probation officers attached to the Department of Corrections and led by a Director, who pays frequent visits to these institutions.

- There are programmes within juvenile correctional institutions with trained teachers and instructors for academic education and various skills such as woodwork, home economics and others. All institutions are near health clinics. A doctor is available for visits and in an emergency the children are taken to the doctor or hospital, if necessary.

- From time to time, seminars and workshops are held, in which such training and information are included.


Q39: 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 ILO Conventions relating to minimum age for employment? In this connection, has the Government considered the possibility of ratifying ILO Convention No. 138?

A39: The question of the minimum age for employment will be explored in the context of the local situation as the discussions leading to the new Child Care and Protection Legislation continue. Jamaica has not so far considered the ratification of ILO Convention 138, which suggests 15 as the minimum age for employment.


Q40: 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 work places and on the number of inspection visits made, of reports of non-observance of regulations and of sanctions imposed.

A40: Penalties and sanctions are provided under the Juveniles Act, which states that "any persons contravening any of the provision of this section (which sets out the conditions under which a juvenile may be employed)... shall be liable ... to a penalty ... and on a second or subsequent conviction within twelve (1 2) calendar months of a previous conviction to a (further) penalty".
A Constable or Factory Inspector may enter certain premises with the aim of enforcing the law.

"The Factories Act provides for the establishment of a Factory Inspectorate headed by a Chief Factory Inspector and supported by a team of Factory Inspectors who have the power to enter upon the premises of, and to inspect, any factory .. at all reasonable times by day and night".

The Inspectorate has wide powers which they use as they try to visit as routine, each factory once a year and on receipt of complaints. They look for violations of the law as it affects children.


Q41: 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.

A41: Data provided by the Registry of Child Abuse at the Child Guidance Clinic in the Ministry of Health, of which mention is made in the response to question 21, show that sexual abuse is the most common type of abuse (61%) with females being sexually abused more often than males. These data are presented in Table 7.2.1 shown overleaf.

Health services for victims of child abuse are available at hospitals, at police units for the investigation of sexual offences and at special child guidance clinics which provide counselling services.

While there are no reliable data on the use of drugs by children, two (2) pilot studies conducted among school children by Addiction Alert revealed that 93% of a teenage sample of school children believed that drug use was a problem among adolescents. Of the same sample 22% had used tobacco, 13% alcohol and 5% marijuana, but 63% identified cocaine as the drug with the most serious effect.

One of the most important initiatives has been the community intervention work conducted in selected communities by the National Council for Drug Abuse, designed to reduce drug use by changing behaviour patterns of youth and provide them with alternatives. In the communities where the programme was instituted, drug abuse among adolescents declined by 33 1/3% over a one-year period.

Q42: In view of the reports received by the Committee of children seeking refuge in Jamaica, has the Government considered undertaking new legislative and
"The Factories Act provides for the establishment of a Factory Inspectorate headed by a Chief Factory Inspector and supported by a team of Factory Inspectors who have the power to enter upon the premises of, and to inspect, any factory ... at all reasonable times by day, and night."

The Inspectorate has wide powers which they use as they try to visit as routine, each factory once a year and on receipt of complaints. They look for violations of the law as it affects children.

41. Data provided by the Registry of Child Abuse at the Child Guidance Clinic in the Ministry of Health, of which mention is made in the response to question 21, show that sexual abuse is the most common type of abuse (61%) with females being sexually abused more often than males. These data are presented in Table 7.2.1 below.

Table 7.2.1 Cases of child Abuse by Type of Abuse and Gender,
June 1991 - June 1992


Type of abuse
Females
No. %
Males
No. %
Total
No. %
Sexual

Physical

Neglect

Physical &
Emotional

Physical &
Neglect		 291 93.6

47 41.2

29 65.9


10 41.7


9 47.4		 20 6.4

58 58.8

15 34.1


14 58.1


10 52.6		 311 61.5

115 20.9

44 8.7


24 4.8


19 3.8
Total 386 76.7 117 23.3 503 100.0

Source: Registry of Child Abuse
Child Guidance Clinic administrative measures to assist and protect children in refugee and asylum seeking situations?

A42: It must be emphasised that the one (1) group of recent refugees from Haiti, who sought refuge in Jamaica, all children were accompanied by their parents and at no time, as the reports reaching the Committee suggest, did any unattended group of children live together in Jamaica. Nevertheless, provisions for the assistance and protection of children in refugee and asylum situation will be included in the new Child Protection Legislation.

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