Distr.

GENERAL

CRC/C/3/Add.46
7 February 1997


Original: ENGLISH
Initial reports of States parties due in 1992 : Belize. 07/02/97.
CRC/C/3/Add.46. (State Party Report)
COMMITTEE ON THE RIGHTS OF THE CHILD

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE CONVENTION

Initial reports of States parties due in 1992

Addendum

BELIZE

[1 November 1996]
CONTENTS

Paragraphs
Acronyms

Introduction 1 - 6

I. GENERAL MEASUREMENTS OF IMPLEMENTATION 7 - 24

A. Measures taken to implement the Convention's
provisions (art. 4) 7 - 15
B. Measures to promote public awareness of the
Convention (arts. 42 and 44 (6)) 16 - 20
C. Concluding comment 21 - 24

II. DEFINITION OF THE CHILD (art. 1) 25 - 31

A. Definition of the child under the law 25 - 27
B. Legal minimum ages 28
C. Age of attainment of majority 29
D. Concluding comment 30 - 31

III. GENERAL PRINCIPLES 32 - 55

A. Non-discrimination (art. 2) 32 - 39
B. Best interests of the child (art. 3) 40 - 45
C. The right to life, survival and
development (art. 6) 46 - 48
D. Respect for the views of the child (art. 12) 49 - 50
E. Concluding comment 51 - 55

IV. CIVIL RIGHTS AND FREEDOMS 56 - 81

A. Name and nationality (art. 7) 56 - 57
B. Preservation of identity (art. 8) 58 - 59
C. Freedom of expression (art. 13) 60 - 61
D. Access to appropriate information (art. 17) 62 - 65
E. Freedom of thought, conscience and
religion (art. 14) 66 - 67
F. Freedom of association and of peaceful assembly
(art. 15) 68
G. Protection of privacy (art. 16) 69 - 70
H. The right not to be subjected to torture or
other cruel, inhuman or degrading treatment or
punishment (art. 37 (a)) 71 - 72
I. Concluding comment 73 - 81

V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE 82 - 162

A. Parental guidance (art. 5) 82 - 86
B. Parental responsibilities (art. 18, paras. 1-2) 87 - 95
C. Separation from parents (art. 9) 96 - 101
D. Family reunification (art. 10) 102 - 104
E. Recovery of maintenance for the child
(art. 27, para. 4) 105 - 109
F. Children deprived of a family
environment (art. 20) 110 - 117
G. Adoption (art. 21) 118 - 126
H. Illicit transfer and non-return (art. 11) 127 - 129
I. Abuse and neglect (art. 19), including physical
and psychological recovery and social
reintegration (art. 39) 130 - 135
J. Periodic review of placement (art. 25) 136 - 140
K. Concluding comment 141 - 162

VI. BASIC HEALTH AND WELFARE 163 - 213

A. Survival and development (art. 6, para. 2) 163 - 164
B. Disabled children (art. 23) 165 - 180
C. Health and health services (art. 24) 181 - 191
D. Social security and child care services and
facilities (arts. 18, para. 3, and 26) 192 - 200
E. Standard of living (art. 27 (1-3)) 201 - 204
F. Concluding comment 205 - 213

VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES 214 - 263

A. Education, including vocational training
and guidance (art. 28) 214 - 228
B. Aims of education (art. 29) 229 - 233
C. Leisure, recreation and cultural
activities (art. 31) 234 - 248
D. Concluding comment 249 - 263

VIII. SPECIAL PROTECTION MEASURES 264 - 317

A. Children in situations of emergency
(arts. 22, 38 and 39) 264 - 271
B. Children in conflict with the law
(arts. 37, 39 and 40) 272 - 285
C. Children in situations of exploitation
(arts. 32-36 and 39) 286 - 307
D. Children belonging to a minority or an
indigenous group (art. 30) 308 - 310
E. Concluding comment 311 - 317

IX. CONCLUDING COMMENTS AND REFORM
PRIORITIES 318 - 322

ATTACHMENTS*
A. Laws and Acts of Belize referred to in this report
B. Priorities for reform to further improve
compliance with the Convention
C. The Right to a Future: A Situation Analysis of
Children in Belize, The National Committee for
Families and Children and UNICEF Belize, 1995

TABLES* 1-13

FIGURES* 1.0-1.8










* Available for consultation in the files of the Secretariat.
Acronyms

AIDS Acquired Immune Deficiency Syndrome
BCG Bacille Calmette Guerin (tuberculosis) vaccine
BCVI Belize Council for the Visually Impaired
BFLA Belize Family Life Association
BNSE Belize National Selection Examination
BYDC Belize Youth Development Centre
CSO Central Statistical Office
CXC Caribbean Examination Council
CYDC Conscious Youth Development Council
DHD Department of Human Development
DPT Diphtheria Pertussis Tetanus vaccine
EPI Expanded Programme of Immunization
FSD Family Services Division
G & GA Government and Government Aided
HECOPAB Health Education & Community Participation Bureau
ILO International Labour Organization
IMR Infant Mortality Rate
IYF International Year of the Family (1994)
LBS Live Births
MCH Maternal & Child Health
MHR Ministry of Human Resources, Women's Affairs & Youth Development
MMR Maternal Mortality Rate
NCCC National Consultative Committee for Children
NCFC National Council for Families & Children
NDACC National Drug Advisory Control Council
NGO Non-governmental organization
NOPCA National Organization for the Prevention of Child Abuse
PAHO Pan-American Health Organization
PHC Primary Health Care
PRYH Princess Royal Youth Hostel
TBA Traditional Birth Attendant
U5MR Under-Five Mortality Rate
UCB University College of Belize
UNESCO United Nations Educational, Scientific and Cultural Organization
UNHCR Office of the United Nations High Commissioner for Refugees
UNICEF United Nations Children's Fund
USAID United States Agency for International Development
UWI University of the West Indies
YES Youth Enhancement Service
YMCA Young Men's Christian Association
YWCA Young Women's Christian Association

Introduction

1. This report has been written to fulfil the commitment of Belize upon signing the Convention on the Rights of the Child. It has been formated specifically to respond to the articles of the Convention, consistent with the General Guidelines provided for this purpose. The Government of Belize is confident that this document fairly and fully describes the degree of compliance by Belize with the provisions of the Convention on the Rights of the Child, and adequately highlights priority areas for further reform to improve that compliance.

2. This report has also been prepared to serve as a useful public resource for national and local government and non-government agencies and interested individuals, and to thus facilitate dialogue about further reform in this area. It will therefore also serve as a working document for the National Committee on Families and Children (NCFC), as the main body advising Government in this regard.

3. As will be seen in this report, there have been a number of reforms either undertaken, or set in process, in the past year or two in particular. These reforms have primarily occurred in the context of national planning coinciding with the International Year of the Family (IYF). Particular emphasis has been placed upon measures to promote the deinstitutionalization of children and their integration into family settings, including the reunification of children with their families and through fostering arrangements.

4. Coinciding with IYF activities in 1994, the NCFC was established, and the Family Services Division (FSD) created within the Department of Human Development (DHD), Ministry of Human Resources, Women's Affairs & Youth Development (MHR). These reforms have enabled a detailed external review of provisions for children in care (especially in fostering, adoption, and in institutions), the development of clearer procedures in fostering, specific reforms to juvenile institutions and the associated development of community-based rehabilitation services for young people, and the formulation of proposed reforms to the legislation governing adoption, specifically to improve compliance with the Convention. Procedures governing standards of care in all institutions and facilities for children are also in the process of being formulated.

5. The social sector ministries are the primary government agencies responsible for ensuring implementation of the Convention, and of matters pertaining to the care and protection of children. Within the Department of Human Development, FSD has responsibility for child care and protection, including the coordination of fostering and adoption arrangements and of children's and juvenile institutions. These are responsibilities which are governed by legislation, as cited in other sections of this report.

6. The full impact of recent reforms are not able to be reflected in this report, but signal good progress towards the next review of compliance. This process should be amply reinforced and strengthened by the commitment to pursue a reform agenda as outlined in chapter I in responding to the opportunities identified in the preparation of this report.
I. GENERAL MEASURES OF IMPLEMENTATION
A. Measures taken to implement the Convention's provisions (art. 4)

1. Measures to harmonize national law and policy
with the provisions of the Convention

7. Whilst there have been a number of policy and administrative measures taken to improve compliance with the provisions of the Convention, such as concerning the operation of institutions and of fostering arrangements, there have not been any specific legislative changes undertaken. Reforms have included changes to national policy and administrative coordination and advisory machinery, as described in section I.B, and there are proposals for legislative reform (such as concerning adoption) presently being examined.

8. By way of introduction to the laws of Belize, it is noted that the Belize Constitution Act (Cap. 4) came into effect in 1981. The Ordinances and Acts of Belize which were passed since the Revised Edition of 1958 were revised in 1983. The Laws and the Constitution address many of the provisions of the Convention on the Rights of the Child. Prior to the Law Revision of 1959, Belize included in its laws provisions to protect the rights of the child. As is described herein there has been increasing effort to legislate in favour of the child or young person. Examples referred to include the Children Born out of Wedlock Act (Cap. 137), the Domestic Violence Act No. 28 of 1992 and the Family Courts Act (Cap. 83A).

9. Belize's laws and policies are considered in most cases to be in harmony with the Convention, although national attention needs to be directed to the potential merit of single enabling legislation with respect to the treatment of the care and protection, and definition and guarantee of the rights, of children in Belize. To this end, Belize has, in 1995, taken steps toward the drafting of such a comprehensive Act.

10. In this regard, it is important to note the lack of trained personnel and support services. This requires additional funding and, like any developing nation, Belize has difficulties in fully financing all of its needs in this respect. This has to some extent been overcome by grants from international agencies and foreign Governments in the past. However, Belize is cognizant of the fact that it needs to become increasingly self-reliant in financing its efforts in the harmonizing of its laws, policies and programmes with the Convention. The drafting of a comprehensive Children's Act should be a priority in maximizing such compliance with the Convention.

2. National or local mechanisms for coordinating policies
and for monitoring the Convention

11. In the early 1990s, Government undertook the drafting of a National Plan of Action for Children, which subsequently became a National Plan of Action for Human Development, consistent with the regional initiative of Central American Presidents. The Belize Plan was completed in 1994, but has never been formally adopted. Such developmental work has more recently been incorporated into broader national development plans, and greater attention directed to ensuring appropriate and effective coordinating machinery with respect to children and families.

12. A National Consultative Committee on Children (NCCC) was established in 1992. One of its primary responsibilities was to promote implementation of the Convention. In March 1994, coinciding with IYF, the NCCC was replaced by the National Council for Families and Children (NCFC), which has an expanded mandate, including:

(a) Promoting the implementation of the Convention and advocating for government to meet its obligations as a signatory to it;

(b) Promoting the year 2000 goals agreed to by Belize at the World Summit for Children, and monitoring progress towards achievement of those goals;

(c) Promoting improved coordination, planning and implementation of efforts on behalf of families and children by Government, non-governmental organizations (NGOs), churches and service clubs;

(d) Advocating for the adoption and implementation of positive policies for families and children, and the allocation of public, private and external resources to the social sector;

(e) Supporting the collation, circulation and discussion of accurate information on the situation of families and children; and

(f) Coordinating the promotion of the annual Children's Day as a major opportunity to focus on the rights and participation of children.

13. The NCFC comprises government and non-government representation, and is chaired by a cabinet minister and serviced by a secretariat. This is significant, because the lack of direct links with the relevant minister, lack of direct access to cabinet, and lack of effective implementation of decisions taken, had been identified as limitations of the NCCC in the past.

14. As noted in the Introduction, MHR - and, in particular, its DHD - has primary government responsibility for the care, protection and development of children in Belize. As described in the Government's annual Estimates and Review of Expenditure (1995/96), the Ministry's objectives are, inter alia, to:

(a) Improve the quality of life of all Belizeans, with special emphasis on the marginalized, and to empower them by fostering self-reliance and building up their self-esteem;

(b) Provide effective social and community programmes to satisfy the material, social and cultural needs of the Belizean people;

(c) To initiate and review policy affecting all the activities of the Ministry and its related department and agencies;

(d) Generally supervise departments and agencies of the Ministry with regard to the execution of approved policies and projects:

(e) Exercise budgetary control over funds voted by the National Assembly;

(f) Encourage the development and rationalization of the NGO sector and its collaboration among itself and with the Ministry;

(g) Support and stimulate income-generating community projects for the socially disadvantaged; and

(h) Advocate social legislation to improve the living conditions, rights and status of the socially disadvantaged.

15. With particular respect to DHD, legislative responsibilities include the following Acts:

Social Service Agencies Act (Cap. 35A)
Juvenile Offenders Act (Cap. 94)
Probation of Offenders Act (Cap. 98)
Certified Institutions (Children's Reformation) Act (Cap. 243)
B. Measures to promote public awareness of the Convention

1. Measures to promote the principles and provisions
of the Convention (art. 42)

16. Since the International Year of the Child, Belize has made regular and continuous use of radio programmes for public education and awareness of children's issues. Each year, Children's Day activities have been organized. These have included poetry and essay contests, children being given the opportunity to voice their opinions on matters contained in the Convention, the interviewing of children on the media (radio and TV), educational trips, art competitions and church services. NGOs have been centrally involved in the organization and conduct of such activities. The NCCC and, subsequently, NCFC, have made use of the media and this has included an emphasis on activities which promote the participation of children.

17. In general, there has been collaborative effort between government agencies and NGOs to promote children's rights, including using a social marketing strategy via the media and schools. Largely through the direct intervention or active assistance of UNICEF, there has also been a reasonable degree of dissemination of copies of the Convention within Belize.

18. The NCFC with the support of UNICEF has now obtained the services of a staff person, whose main responsibility is to promote additional efforts to educate schools and the public in relation to the Convention.
2. Measures to publicly circulate the report (art. 44, para. 6)

19. It is anticipated that this report (as endorsed and adopted by cabinet) will provide a sound means by which the FSD and the NCFC may systematically and strategically address those matters highlighted as requiring further attention to enable Belize to more fully comply with its obligations under the Convention. To this end, wide public circulation of this report and of a simplified summary, in popular language, of its main observations and opportunities for further action, will be undertaken to facilitate public awareness of these issues and to promote public dialogue of, and input to, priority-setting and of a national reform agenda.

20. It is also proposed that action be taken to ensure that all sections of the Government document and submit to the NCFC measures being and expected to be taken to demonstrate compliance with the provisions of the Convention.
C. Concluding comments

21. The Constitution and laws of Belize generally ensure a fair degree of compliance with the articles of the Convention. This is an observation which the following chapters will demonstrate. Nevertheless, there are several areas, with respect to this chapter, where action needs to be taken to improve that compliance.

22. Firstly, and most importantly to the entire Convention, is that Government - through the NCFC in coordination with the Ministry of Human Resources - continues to give urgent attention to the drafting and adoption of legislation which would give comprehensive effect to the broad care and protection of children, and to the definition, guarantee and promotion of children's rights. Government has now commenced this process, which aims to bring the laws of Belize up to the standards of the Convention, and to provide a single ordinance for families and children.

23. Secondly, reference has been made to the intention to circulate this report widely, together with main observations and opportunities for further action. This must be ensured in order to promote public consultation on action priorities to give better effect to the Convention.

24. Thirdly, individual government ministries need to document their own efforts to comply with the Convention, and these should also be publicly disseminated. At the same time, the Government will need to adopt measures to promote compliance by those ministries with the articles of the Convention.
II. DEFINITION OF THE CHILD (art. 1)
A. Definition of the child under the law

25. The Infants Act (Cap. 138) specifies that "every person under the age of eighteen years is an infant" (S. 3). This is the definition applied to most laws relevant to children, unless otherwise specified. This means that, in general, a child is defined as being under the age of 18 years, and any exceptions to that prescribe a younger (not older) age.

26. This age definition is reflected in the Marriage Act (Cap. 140, S. 2) and the Adoption of Children Act (Cap. 135, S. 2), amongst others. Consistent with article 1, some laws specifically provide for earlier attainment of majority. For example, the Summary Jurisdiction (Procedure) Act (Cap. 100, S. 2) defines an "adult" as anyone aged 16 years or over, a "child" as anyone under 14 years of age, and a "young person" as anyone between the ages of 14 and 16 years inclusive. The Factories Act (Cap. 233, S. 2) defines a "young person" as anyone between the ages of 14 and 17 years inclusive. The Juvenile Offenders Act (S. 2) defines a "child" as anyone under the age of 14 years.

27. There is some scope within some Acts for the courts to exercise judgement in determining a child's age. For example, the Juvenile Offenders Act provides that "where it appears to the court that the person so brought before it is of the age of sixteen years or upwards, that person shall for the purposes of this Ordinance be deemed not to be a child or young person" (S. 19 (2)). There are similar discretionary powers granted to the courts in other Acts.
B. Legal minimum ages

28. The legal minimum age for:

(a) Legal or medical counselling without parental consent is 18 years;

(b) The end of compulsory education is 14 years (Education Act, Cap. 29, S. 34);

(c) Part-time employment is 12 years (Labour Act, Cap. 234, S. 169 (a));

(d) Full-time employment is 14 years (Labour Act, S. 54 (2));

(e) Hazardous employment is 14 years (Labour Act, S. 169 (g));

(f) Sexual consent in respect of criminal matters is at age 16 for unmarried females and age 14 for married females. This is implied by the Criminal Code (Cap. 84) and the Marriage Act. The Criminal Code states (S. 46 (2) (a)) that every person who unlawfully and carnally knows any girl who is of or above the age of 14 years but under the age of 16 years shall be guilty of a misdemeanour;

(g) A person to legally marry is 14 years. The Marriage Act states that the marriage of anyone under 14 years of age is void (S. 4 (1)), and that parental consent is required for the marriage of any person aged 14 years but less than 18 years (S. 5 (1));

(h) Voluntary enlistment into the armed forces is 18 years. The Defence Act (Cap. 106, S. 16 (2)) states that no person under 18 years of age may be recruited into the armed service;

(i) Conscription into the armed forces is not prescribed in the Defence Act, but is at the Governor General's determination (S. 164 (2)(i));

(j) Voluntarily giving testimony in court is any age unless prevented by extreme youth;

(k) Criminal liability is 7 years. A person under 18 years of age is liable to fines or imprisonment if convicted under the Representation of the People Act (Cap. 9, S. 27 (b)) (this concerns false claims in registration as an elector). The Criminal Code exempts a child under 7 years of age from criminal liability (S. 24 (1)). A child between the ages of 7 and 12 years inclusive who is not mature enough to judge the nature and consequence of his actions is also exempted (S. 24 (2)). The Summary Jurisdiction (Procedure) Act (S. 70 (5)) states that anyone between the age of 16 and 18 years inclusive who is fined may be placed under supervision until the fine is paid;

(l) Deprivation of liberty is 7 years of age according to the Criminal Code (S. 24);

(m) Being committed to prison is at age 16 years and over, although a young person aged 14 but less than 16 years may be imprisoned if no suitable alternative exists (such as probation or a certified institution) but is not allowed to associate with adult prisoners (Juvenile Offenders Act, S. 11);

(n) Consumption of alcohol is at 18 years of age (but only with respect to consumption on licensed premises) (Intoxicating Liquor Licensing Act, Cap. 117, S. 41).
C. Age of attainment of majority

29. Consistent with the interpretation of a "child" in the Infants Act (S. 3), the Interpretation Act (Cap. 1, S. 3 (1)) defines an "adult" as anyone who has attained the age of 18 years. Similarly, the Representation of the People Act (S. 7 (a)) prescribes 18 years as the age at which a person is qualified to register and to vote in general elections. Again, there is some provision for definition at an earlier age, such as the Summary Jurisdiction (Procedure) Act (S. 2) which defines an adult as any person of or over 16 years of age.
D. Concluding comment

30. The Constitution and laws of Belize provide for strong compliance with article 1. In several instances it may be deemed necessary to amend legislation to remove some apparent discrepancies regarding definitions, especially of different ages applicable to "infant", "child", "young person" and "adult". However, such differences may be more confusing than problematic given the clear intent and purpose of different age limits according to different laws.

31. Nevertheless, there appears to be a need to review the laws to improve standardization of ages of majority, and of the associated definitions used. Specific instances where improved standardization may be required of age levels (and of gender equity in legal provisions) are referred to in later chapters. However, it is considered that a thorough review is required. Most importantly in terms of the intent of article 1, the only exceptions to defining a child as being under 18 years of age are some laws which define the legal minimum ages in certain circumstances as less than 18 years of age.
III. GENERAL PRINCIPLES
A. Non-discrimination (art. 2)

32. The Belize Constitution guarantees non-discrimination in accordance with article 2.

33. The Belize Constitution was established by virtue of the Belize Constitution Act No. 14 of 1981, and came into effect at that time, coinciding with Belize gaining its independence as a member of the British Commonwealth. Section 3 of the Constitution provides that it is the "supreme law" of Belize and that all other laws are void to the extent of their inconsistency with it.

34. Chapter II of the Constitution prescribes what are the fundamental rights and freedoms enjoyed by every person in Belize, regardless of race, place of origin, political opinions, colour, creed or sex, subject only to respect for the rights and freedoms of others and for the public interest. These fundamental rights and freedoms are:

The right to life
The right to personal liberty
The right to protection of law without discrimination
The right to protection from inhuman treatment
The right to protection from slavery and forced labour
The right to protection against arbitrary search or entry
The right to freedom of movement
The right to freedom of conscience
The right to freedom of expression
The right to freedom of assembly
The right to privacy
The right to work
The right to freedom from discrimination
The right to protection from deprivation of property.

35. There are special provisions for periods of public emergency where the individual may not challenge any action reasonably justifiable in the circumstances, as being in contravention of these "fundamental rights provisions". Otherwise, the Constitution provides the right and the mechanism for persons to challenge laws or acts as being in violation of their fundamental rights. In addition to these exceptions, there are limitations on the operation of certain of the provisions where, under the law, restrictions are required, for example, in the interests of defence, public safety, order, morality or health, or to protect the rights and freedoms of others, for regulating the institutions which would be affected by the enjoyment of particular rights, and for the imposition of regulations in respect of non-Belizeans in some cases (such as the necessity to acquire a work permit or a permit to reside in Belize).

36. Chapter II of the Belize Constitution ("Protection of Fundamental Rights and Freedoms") provides, in its opening section, as follows:

- life, liberty, security of person, and the protection of the law;

- freedom of conscience, of expression and of assembly and association;

- protection for his family life, his personal privacy, the privacy of his home and other property and recognition of his human dignity; and

- protection from arbitrary deprivation of property, ...".

37. Further, Section 6 (1) of the Constitution states that "All persons are equal before the law and are entitled without any discrimination to the equal protection of the law". Section 16 provides that "no law shall make any provision that is discriminatory either of itself or in its effect" (subsect. (1)) and that "no person shall be treated in a discriminatory manner by any person or authority" (subsect. (2)). "Discriminatory" is defined as "affording different treatment to different persons attributable wholly or mainly to their respective descriptions by sex, race, place of origin, political opinions, colour or creed ..." (subsect. (3)).

38. In general, there is no reference to age, or of the child, in the definition of discrimination, or in the overall coverage of chapter II. However, the Interpretation Act (Cap. 1, S. 3 (1)) ensures that the child is included within the definition of a person, as per the Constitution's extension of rights and freedoms to all persons. In several instances in chapter II, rights are conditional upon the granting of informed consent (such as the right to search of body or residence, or to receive religious instruction in school) and, as children are not deemed able to grant such consent, this is a right conditional upon parental consent.

39. The Status of Children Act (Cap. 143, S. 3) guarantees that all children are of equal status in the application of the laws of Belize, regardless of the marital status of the child's parents, whether at conception, birth or any other time.
B. Best interests of the child (art. 3)
1. Legislative provision for the child's best interests

40. Parental responsibility for the child's maintenance is provided for in the Family Maintenance Act (Cap. 136, Ss. 2 and 3). Various laws provide for the child's best interests, including the child's protection and care, as a major consideration in actions directly affecting their welfare, including:

(a) The Children Born Out of Wedlock Act (S. 25) provides that, before granting an application by a putative father for access to or legal custody of his child, the court shall be satisfied that the order, if made, will be for the welfare of the child, due consideration being for this purpose given to the wishes of the child, having regard to his or her age and understanding. The court may in its discretion make an interim order granting custody for any period it thinks fit, during which period the court may impose such terms and conditions it thinks necessary for the welfare of the child;

(b) The Infants Act (S. 24) states in part that, where in any proceedings before any court the custody, upbringing or administration of assets, of an infant is in question, "the court, in deciding that question, shall regard the welfare of the infant as the first and paramount consideration", with no consideration to be given to the respective or comparative claims of either or both of the parents. It should be noted that this provision places the child's interests as the, rather than a (as per this article), primary consideration;

(c) The Adoption of Children Act (S. 6 (b)) states that the court, before making an adoption order, shall be satisfied "that the order if made will be for the welfare of the infant, due consideration being for this purpose given to the wishes of the infant, having regard to the age and understanding of the infant";

(d) The Domestic Violence Act No. 28 of 1992 allows for an application for a protection order to be made on behalf of a "child". In that Act "child" includes, inter alia: the child of both parties to a marriage; an adopted child; a stepchild (see Ss. 2, 3, 4 and 13).

41. The adequacy of the laws is not necessarily a guarantee of the adequacy of their judicial or administrative application. A current review of the Adoption of Children Act, for example, has highlighted the need for reforms to both the law itself and to administrative procedures to better ensure observation of its provisions. Similarly, there have been difficulties in ensuring that victims of domestic violence make use of that Act's provisions, such that it is clear that improved public awareness of the rights afforded by that Act are more widely understood and utilized.
2. Standards of facilities for the care and protection of children

42. Primary responsibility for ensuring the standards of children's institutions and agencies is vested in the Minister of Human Resources, Women's Affairs and Youth Development under the provisions of the Social Service Agencies Act. The Minister is required to designate a public officer as the Registrar of Social Service Agencies to administer the provisions of that Act including the registration, licensing and regulation of all such premises (defined as "Homes for Children, Old Peoples' Homes and similar institutions whether fee levying or not set apart for the care of children, old persons or the handicapped as the case may be") (S. 2).

43. The Minister is responsible for prescribing the minimum standards of licensed facilities "with regard to health, safety, accommodation, service facilities and board", whether the institution is maintained by Government or by a private agency or person (S. 13 (1)). Failure to comply with the Act may result in prosecution of an individual, or suspension or cancellation of the operating licence. There is provision for any aggrieved person to appeal to the Minister with respect to any decision by the Registrar to not register a facility, to not renew a licence, or to cancel or suspend a licence.

44. Whilst the Act is considered quite adequate in respect of article 3 (3), there is an urgent need for the Minister to give full effect to its provisions. Pending formal designation as the Registrar, the Director, Department of Human Development has, in 1995, commenced to develop the necessary guidelines and procedures to enable implementation of this Act.

45. Under the Certified Institutions (Children's Reformation) Act, the Minister is similarly empowered to certify, if satisfied with the institution's conditions (S. 4), or to withdraw the certification of (S. 5 (1)), any "home, school or other place ... the management of which has agreed to accept the custody and care of children sent to such home, school or other place under a detention order issued under this Act" (S. 2).
C. The right to life, survival and development (art. 6)

46. The right to life is a fundamental right provided for in the Constitution (chap. II, sect. 4), except for death resulting from a court sentence for a criminal offence, or from the legal and justifiable use of force, or from a lawful act of war. This right to life is further protected by the provisions of the Criminal Code, which makes unlawful, inter alia:

(a) The murder of any person (S. 102);

(b) Infanticide, where a woman wilfully causes the death of a child under 12 months (by reason of post-partum depression (S. 107) or of a post-partum disease or disorder (S. 116 (d)); S. 124 further defines the child in such circumstances, and the Indictable Procedure Act (Cap. 93, S. 132) distinguishes between murder and infanticide);

(c) Abortion, or causing miscarriage by poison or instrument, or otherwise causing death to an unborn child (S. 108);

(d) Abandonment of a child in a manner which may expose it to grievous harm (S. 88); and

(e) The intentional and unlawful causing of harm to a child during its birth (S. 111).

47. With respect to crimes punishable by death, the Indictable Procedures Act states that a person under 18 years of age at the time of committing such a capital offence, for which they are duly convicted, shall be subject neither to the death penalty nor to having that penalty recorded against them (S. 151 (2)).

48. Measures to ensure survival and development are embodied in the Criminal Code (S. 96), which makes it a duty for a parent, guardian, or contracted carer "to supply the necessaries of health and life" to another person. This specifically includes children. Parental responsibility for the maintenance of children is also ensured in the Family Maintenance Act (Ss. 2 and 3).
D. Respect for the views of the child (art. 12)

49. The Constitution guarantees freedom of expression at section 12. However, this is a right whose enjoyment is not to be "hindered" "except with his own consent". As with several of the constitutional rights and freedoms, a child is considered not able to grant his or her own informed consent, this being the responsibility of the child's parent or guardian.

50. The Adoption of Children Act (S. 6 (b)) provides that, before making an adoption order, the court give due consideration "to the wishes of the infant, having regard to the age and understanding of the infant".
E. Concluding comment

51. The main provisions to guarantee and respect basic rights are contained in chapter II of the Constitution. With respect to disability, the Governor General, in his speech to the opening of the National Assembly in September 1994, foreshadowed the introduction of a Disability Act which would, presumably, include reference to prohibiting discrimination on the grounds of disability. It is necessary that the draft bill include specific reference to the rights and needs of children with a disability.

52. The Constitution and laws are deemed to afford adequate compliance with articles 3 and 6. However, as has been noted, there is a need to give special attention to the effective implementation of the provisions of the Social Service Agencies Act, to ensure the necessary standards of care and safety of children in institutions and facilities (art. 3 (3)). This Act came into effect in 1983, but needs to be implemented. This should include the urgent appointment of a Registrar, as per S. 3 (1). Again, there is also a need for specific and comprehensive legislation for children which would enforce the goals of the Convention and enable better provision for ensuring the well-being and development of the child (art. 6 (2)).

53. Whilst paragraphs 40-41 describe several laws in which the child's best interest is taken into account, in the area of institutionalization this is a matter which needs closer attention. For example, the Certified Institutions
(Children's Reformation) Act makes no reference to ensuring that the welfare of the child is of paramount concern. It is also noted that, at present, parents have the capacity to send a child under the age of 16 years, who they are unable to control and with the court's approval, to an institution (S. 16). This needs review firstly to ensure that such an action is essentially in the best interests of the welfare of the child and secondly, to safeguard this provision from abuse, to provide for such parental action to be accompanied by an order for the parent to financially support the child's upkeep during this period, at the court's discretion. Provision for the latter would presumably require the parent paying such funds into the Consolidated Revenue Fund, consistent with the Juvenile Offenders Act (S. 18), which provides that the costs of such institutional care be met from that Fund.

54. Furthermore, review of this Act is needed to consider amendment to the provisions as to the duration of institutionalization. In fact, the Act specifies that detention orders not specify the duration (S. 18 (2)). This may be in the child's interests if there is a rehabilitative programme in place and "early" discharge is subsequently considered warranted. However, this may be better achieved by setting maximum periods of detention - or else the establishment of some review board - and requiring the existence of a rehabilitation programme. At present, a child may be institutionalized until the age of 18 years. In the case of a child under the age of 16 whom the Minister decides to remove from imprisonment and place in an institution, this may even mean that the period of detention may well be lengthened (S. 17).

55. With respect to article 12, and similar to concerns about a number of related provisions, it is noted that the guarantee of freedoms and rights under the Constitution is conditional upon parental consent. Whilst this is considered a reasonable provision, it is necessary to examine judicial and administrative applications, to consider ways in which there may be improved efforts to foster the capacity for informed consent by children who are of sufficient age and maturity. This would be a valuable means of encouraging the facility for informed consent as such persons enter adulthood and thus have those full consensual rights. Also, reference was made to the provision in the Adoption of Children Act for giving consideration to the child's wishes. There may be merit in reviewing other laws to determine whether there is an opportunity to extend this provision.
IV. CIVIL RIGHTS AND FREEDOMS
A. Name and nationality (art. 7)

56. The Registration of Births and Deaths Act (Cap. 122) requires the registration of births within 42 days of the birth of a child (S. 10), in default of which the registrar may summons a parent to provide such information, within 12 months of that birth (S. 12, and, in respect of registering the child's name, S. 19). That Act also provides for the name of the father to be registered, unless the parents were not married at the time, in which case provision is made in instances where both the mother and the person acknowledging himself to be the father request and both agree to his name being registered as the father, and formally declare to that effect (S. 13). Section 16 requires that any person finding a living newborn child shall immediately inform the registrar and police.

57. The main laws which deal with name and nationality are the Belize Constitution Act and the Nationality Act No. 1 of 1981. Chapter III of the Constitution guarantees citizenship, at the time of birth, for every person born in Belize, except in the case of either parent being a citizen of a country with which Belize is at war and the birth occurs in a place under occupation by that country, or in the case of neither parent being a citizen of Belize and either parent having immunity from suit and legal process as accorded to the envoy of a foreign State power accredited to Belize (S. 24). The Belize Constitution, chapter III, along with the Aliens (Registration) Act (Cap. 125), give some assurance that children born in Belize of parents who may be illegally in Belize are not left stateless and will be registered as Belizean citizens.
B. Preservation of identity (art. 8)

58. The guarantees and undertakings set down in the Constitution (especially chap. III), the Registration of Births and Deaths Act and the Status of Children Act are irrevocable with respect to the child's identity. Other provisions and guarantees are contained in the Supreme Court of Judicature Act (Cap. 82, S. 149 (declaration of legitimacy)), the Deportation (British Subjects) Act (Cap. 107, S. 2 (2) (Belizean citizenship, including of adopted children)), the Immigration Act (Cap. 121, S. 2 (3) (Belizean citizenship, including of dependants)), the Legitimacy Act (Cap. 139 (legitimates child when parents marry, including entitlement to parent's estate)), and the Administration of Estates Act (Cap. 160, Ss. 47 and 55 (trustee management of infant's interest in parent's estate)).

59. In view of the large number of Central American immigrants in Belize as illegal aliens, some attention is warranted to the children of such families. The Aliens Act (Cap. 124) provides for the expulsion and banishment of aliens from Belize. Grounds may include "that it is expedient for the welfare of Belize" (S. 2 (1)(c)), and there is no reference to the person's age, or to any special provisions for or protection of children. The Aliens (Registration) Act (Cap. 125) defines an alien as "a person who is neither a citizen of Belize nor a Commonwealth citizen", and governs the registration and movement of aliens in Belize. It exempts from its provisions persons under the age of 16 years (S. 4 (1)) and "students over the age of 16 years attending any school within the country recognized by the Department of Education" (S. 12, Third Schedule).
C. Freedom of expression (art. 13)

60. This topic has been discussed at chapter III.C and is provided for in the Constitution (chap. II, S. 12). This includes restrictions, as per subsection 2, whereby freedom of expression is guaranteed with "reasonable provision ... in the interests of defence, public safety, public order, public morality or public health; ... (or) for the purpose of protecting the reputations, rights and freedoms of other persons ..." (S. 12 (2)), as well as the constitutional provisions for parental consent to apply in the child's normal enjoyment of such freedom.

61. In addition, efforts to promote the child's expression of views and opinions were discussed at chapter I.B, including with reference to annual Children's Day activities.
D. Access to appropriate information (art. 17)

62. There is no specific legislation charging the mass media to cater to children. However, the Government of Belize has encouraged the development of the mass media and the Belize Broadcasting Authority is empowered to monitor media programming and investigate complaints from the public. The Summary Jurisdiction (Offences) Act (Cap. 99) makes it a crime for any person to exhibit indecent material in public (S. 4 (x)) or to trade in, distribute or exhibit indecent material, including movies (S. 19).

63. It is considered that, whilst the wording of the Act may not have anticipated the entry of cable television, such a medium is clearly covered by this provision. Many cable broadcasts are widely considered to contravene national standards of decency, especially given their ready access to children, and this issue warrants legal examination as to whether there is contravention of the Act.

64. There is a multimedia approach to promoting children's rights and services, and to disseminating information to children and families. Media coverage is given to children-specific events, and reference was made at chapter I.B. to the range of special and annual activities organized since the International Year of the Child, especially coinciding with Children's Day, and including significant attention to the role of the media. There has been an increase in reporting and media programming in various ethnic languages, including Mayan and Garifuna radio broadcasts, and a recent project to develop increased awareness and understanding of printed Creole.

65. The Government operates a public library service, which includes childrens libraries in every district. The small but growing body of indigenous literature includes some children's and culturally based fiction and history, and is normally promoted within the school curriculum as well as commercially.
E. Freedom of thought, conscience and religion (art. 14)

66. This right is assured under the Belize Constitution (chap. II), and guarantees that "except with his own consent, a person shall not be hindered in the enjoyment of his freedom of conscience, including freedom of thought and of religion, ... and ... to manifest and propagate his religion or belief ..." (S. 11 (1)). As with other fundamental freedoms, this right is subject to the same limitations as are mentioned at chapter IV.C and consistent with subarticle 3.


67. For persons under the age of 18 years, this right is conditional upon the consent of the child's parent or guardian, with respect to receiving religious instruction or attending any religious ceremony or observance in any school, prison, corrective institution or defence service that the child may be attending or detained in.
F. Freedom of association and of peaceful assembly (art. 15)

68. The Belize Constitution, at chapter II, guarantees that "except with his own consent, a person shall not be hindered in the enjoyment of his freedom of assembly and association ..." (S. 13 (1)), along with the same limitations mentioned at chapter IV.C and consistent with subarticle 2. It may be necessary to examine the application of article 15 in the context of the rights of young people to associate in public in urban areas, versus strong public concern about so-called youth "gangs" and perceived risks to public order and safety. The lack of recreational spaces and meeting places may currently result in restrictions on this right. The progress made in 1995 in addressing the anti-social and illegal consequences of the urban youth gang culture needs to be especially acknowledged. Since that time, there has been no gang-on-gang violence and there is evidence of reductions in juvenile crime and detention, and of corresponding success in providing short-term jobs, vocational training, counselling services, organized recreational activities and community service with former gang members, plus the continuation of the "truce" signed between the 14 urban youth gangs in February 1995.
G. Protection of privacy (art. 16)

69. The Belize Constitution, at chapter II, guarantees protection of the right to privacy for all persons as per subarticle 1 (S. 14 (1)), consistent with the reasonable provisions and limitations pertaining to other freedoms. As raised at chapter III.E, the child's enjoyment of this fundamental right is conditional upon parental consent.

70. Insofar as subarticle 2 is concerned, there appear to be no specific laws related to protection from interference with privacy or from attacks on reputation, nor, at any rate, any specific laws granting special protection to children in this regard.

H. The right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment (art. 37 (a))

71. The Belize Constitution Act states that "no person shall be subjected to torture or to inhuman or degrading punishment or other treatment" (S. 7). Section 8 states that no person shall be held in slavery or servitude, thus granting protection from slavery and forced labour. As stated at chapter III.C, the Indictable Procedure Act (S. 151 (2)) exempts a person under the age of 18 years at the time of committing a crime punishable by death, from a sentence of death.

72. Reference should also be made to V.I, especially with respect to comments concerning corporal punishment, and to chapter VIII, with respect to other measures to protect the child from different forms of maltreatment.
I. Concluding comment

73. The civil rights and freedom of children are, generally, well guaranteed and provided for in Belizean law. However, in general terms, and as commented upon at III.A and E, it is noted that those constitutional rights and freedoms are conditional upon parental consent.

74. With respect to article 7, it is considered that provisions for the registering of the father's name are adequate. Whilst this may place an undue burden on the child born out of wedlock, it also serves as a safeguard against false allegations of paternity, since paternity carries concomitant responsibilities under the law.

75. However, there are four possible areas for review with respect to the Registration of Births and Deaths Act. Firstly, there seems to be merit in removing the provision whereby the father has no responsibility for registration of the child's birth if he was not married to the mother at the time of conception or birth (S. 10). Both parents ought to have responsibility for registration of the child's birth, regardless of marital status (subject to the necessary safeguards from false allegations of paternity). Secondly, there is no specification of who has the right or duty to register a child found abandoned or orphaned, apart from the requirement that someone finding an abandoned newborn child should inform the police and registrar (S. 16). The need for a de facto guardian or child-care authority to register the birth in the absence of the parents is presently handled by DHD, usually following advice from the police. The child is, in such circumstances, registered as a ward of State. Thirdly, the father of a child born out of wedlock should be guaranteed the right to have his name entered on the child's birth certificate once paternity has been proven. This provision would be necessary, for example, where the mother unreasonably refuses to permit the child's father's name to be so registered. At present, the father's name may only be registered where both the mother and "the person acknowledging himself to be the father" consent to that entry, where the father has assumed guardianship under a divorce or separation agreement, or once there has been a declaration of paternity made by the Supreme Court (S. 14 (b)). Fourthly, in view of transport difficulties in some remote parts of Belize, a four-month period may be preferable to the present 42 days for registration of the child's birth and name. The matter of whether the Act should be so amended (S. 10), or the present provision for a 12-month default period (Ss. 12 and 19) adequately covers such a contingency should be examined.

76. One area where the identity of the child (art. 8) may need attention, is with respect to the status of alien children. Children appear to be covered in the Aliens Act only by virtue of being the dependents of aliens (S. 7). In this context, children are evidently subject to the provisions for expulsion or banishment. Whilst this may be considered consistent with a primary objective of family unity in the child's best interest, there may need to be scope in the Act for special protection of or provisions for such children in particular circumstances in which they may be deemed especially vulnerable. With respect to the Aliens (Registration) Act, attention is required as to the status of children aged 16 years or over and, again, of the need to incorporate any special provisions to ensure that alien children are guaranteed the necessary degree of care and protection required under the terms of the Convention.

77. With respect to the freedoms of expression (art. 13), of association and assembly (art. 15), and of privacy (art. 16), the conditional nature of such freedoms for children, depending as they do on parental consent, is considered to require that steps be taken to promote mechanisms whereby children may better develop such capacities. This also means that children of a certain age and maturity ought to be provided opportunities which will better equip them in their own subsequent enjoyment of the exercise of informed consent as adults. Especially with respect to article 13, the Ministry of Education's support for student councils is noted, and consultation with young people within school administration and policy-setting is being further addressed by the Ministry's encouragement of the inclusion of student representation in the formation of school boards. It may be possible to further encourage such opportunities within the scope of comprehensive children's legislation.

78. Comment has been made about the early stages of the Government's 1995 initiative with Belize City urban youth gang members, via the Conscious Youth Development Council (CYDC). This may help to address some of the impediments which young people may often feel limit their right to free and peaceful assembly under article 15. This aspect will certainly require greater attention, especially as this initiative is evaluated and developed further.

79. Aspects of article 17 which may warrant further attention are subarticles (b) - in promoting greater international cooperation (although this presently occurs to an extent) - and (d) - in improving the mass media's awareness of the linguistic needs of minority or indigenous children. This latter aspect is especially important given that, whilst English is the official language, only a small minority speak it as the first language in the home. Consideration of means to develop improved media awareness of the needs of children should take into account the multicultural nature of Belize's population, the existence of several languages in popular use, and the existence in Belize of culturally important indigenous Mayan populations.

80. A particular area of concern with respect to article 17 - and one not confined to Belize - is the need to examine the unrestricted access which too many children have to what many parents would consider obscene material broadcast on cable television. Such obscene material would include gratuitous and graphic portrayals of violence and pornography, and obscene language. This was, in fact, a concern which Belize especially introduced into the final wording of the Declaration and Programme of Action adopted at the World Summit for Social Development in Copenhagen in March 1995. It is quite clearly a matter of great concern for many developing nations now inundated with scores of North American cable stations, and the attendant portrayal of values, lifestyles and behaviours considered unacceptable to the majority, but readily emulated by many of the young people too freely exposed to those images.

81. In this regard, attention is drawn to the provisions of the Summary Jurisdiction (Offences) Act (S. 19), and of the potential merit of examining its capacity to address strong community concern about the absence of domestic regulation of cable TV broadcasts which may be deemed to be in contravention of that Act. The adequacy of the Act should be considered, as should whether domestic solutions need to be adopted or, alternatively, a legal test case pursued, presumably by the Belize Broadcasting Authority. In doing so, it would seem useful to foster dialogue with other Caribbean English-speaking nations with similar concerns, as a remedy in the form of new procedures for programming or broadcasting would benefit from regional consensus and cooperation.
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
A. Parental guidance (art. 5)

82. In Belize, "family" does not necessarily refer only to the nuclear family unit of mother, father and children living together. There are also single parent-headed families, as well as children living with extended families. According to the Central Statistical Office (CSO), 56 per cent of births in Belize are to unmarried women (1993: provisional data), and the 1991 Census reports that 22 per cent of households are headed by women.

83. Culturally, the onus of child-rearing has rested on women, even when the partners are living together. The responsibility of the father in child-rearing has tended to focus on the economic maintenance of the child. This situation is slowly changing, as some fathers assume more equitable domestic and child-rearing responsibilities.

84. Some effort has been taken by non-governmental organizations, churches and schools to provide training and support for parenting, including to redress sex-role stereotyping of prenatal responsibilities. Baby and child-care training is provided in some high schools. Improved coordination of effort is required.

85. Childminder training courses are occasionally conducted by the Ministries of Education and Human Resources, as well as some NGOs. Community health workers are trained through the Ministry of Health's Primary Health Care Unit to provide outreach services in the promotion of parenting skills.

86. The rights and responsibilities of parents and guardians are also incorporated into national law, especially the Family Maintenance Act (Ss. 2 and 3).
B. Parental responsibilities (art. 18, paras. 1 and 2)

87. Presumably reflecting the persistence of gender inequities in economic independence as well as traditional social practices, the laws of Belize ascribe greater responsibility for the upbringing of a child to the father than to the mother. The Criminal Code states that:

88. The Family Maintenance Act states that:

It further requires every woman to maintain those children, in the event that the woman is a widow or unmarried, or where the father fails to fulfil that obligation, subject to provisions to enable the court to direct the father to do so (S. 3).

89. The Status of Children Act (S. 3 (1)) states that current or previous marital status is irrelevant in determining the relationship between a parent and child, including "the legal consequences of that relationship", which are regarded as being as if the parents were, in fact, married. Section 3 (2) defines that relationship as constituting either the subsequent marriage of the couple, or that paternity is admitted or established. In practice, however, and as set down in other laws (as already discussed), it is the mother who has greater rights with respect to the child where the father is absent, and the father who has greater responsibility with respect to financially supporting the child. Subject to the provisions of that section, the Infants Act (S. 9) grants custody of a child born out of wedlock to the mother, until the child attains 16 years of age, unless the father acknowledges paternity and is granted custody on the basis of the mother's neglect. It is considered that the views of the child ought to be sought -depending upon the child's age and capacity - in such custody hearings.

90. With respect to reference at section IV.D to widespread public - and especially parental - concern at the broadcasting of inappropriate material on cable television, whilst it has already been suggested at section IV.I that there may be opportunity for legal action to challenge such broadcasting, it must also be emphasized that steps need to be taken to foster greater awareness by parents of their responsibilities in this regard. Although there are no specific laws to provide for this, a public education campaign targeted at parents may be more appropriate. In this context, a mixture of action concerning public cable TV programming and domestic self-regulation appears to be warranted.

Government assistance in the care of children

91. With respect to the role of the State in duly assisting parents in their child-rearing responsibilities, this responsibility primarily is vested in the Department of Human Development. Through district offices, family counselling services, emergency financial support and associated assistance is provided on a case-by-case basis. These services have been more recently enhanced by the establishment of the Family Services Division, and the development and adoption of improved assessment and assistance processes. At the district level, MHR has Youth Development Officers who are responsible for the development and conduct of services and programmes for young people. Also, MHR operates several youth development facilities - especialy the National 4-H Training Centre and the Belize Youth Development Centre (BYDC) - and residential juvenile rehabilitation and development facilities - especially the Princess Royal Youth Hostel (PRYH) in Belize City and rural-based Listowel Boys Training School. BYDC provides annual residential courses in agriculture, personal development and basic trade skills, to young people who primarily come from rural areas and are mostly early school leavers. In 1995, the programme was expanded to better provide for young women. The 4-H Centre offers residential three-month courses in agricultural skills, personal development and entrepreneurship to equal numbers of boys and girls - via alternate intakes - who are usually younger than the BYDC population, and aims to foster improved agricultural skills in local communities.

92. In August 1995, the Government decided to replace Listowel (to which the courts direct young offenders) with a community-based youth probation and rehabilitation service, as part of a commitment to deinstitutionalization and to an improved community-based and family reintegration strategy. This reform was largely prompted by concern at the poor conditions of Listowel's buildings and services, and of reports of unnecessarily cruel disciplinary treatment of boys resident there. All boys were either transferred to PRYH, or to a BYDC training course, or discharged into the care of their families, by August 1995. The Ministry also operates a Child Care Centre in Belize City, which generally accommodates younger children who are abandoned or otherwise in need of special care and protection.

93. During 1994 and 1995, FSD has directed particular attention to the development of improved services and support to foster families, improved assessment procedures in adoption applications, and reforms to institutional care arrangements for children. Even so, there is a need for stronger implementation of revised adoption procedures (refer to comment at subsection G below) and of institutional reform - both in government and non-government facilities (refer to comment at section III.B.2). This especially needs to give attention to the recurrent resource needs of non-governmental facilities and institutions for the care of children, as a necessary means to ensure improved standards of care.

94. Examples of other services and programmes conducted by NGOs and churches include the Youth Enhancement Service (YES) (for young women), Breast is Best (mothers' support group), the National Organization for the Prevention of Child Abuse (NOPCA) (Young Adult Parenting Programmes), YWCA and YMCA, PRIDE (drug awareness), and so forth.

95. Non-government residential institutions for children who are orphaned or abandoned or otherwise in need of special care are Acres of Love Children's Home in Toledo District, Kings Children's Home in Belmopan, and Milhollen Children's Home, Ontario Village in Cayo District. The Government has recently commenced providing limited assistance to these institutions. The standards in such facilities vary significantly, reflecting the need for the Government to give effect to the establishment of standards of care, as per the Social Service Agencies Act 1983.
C. Separation from parents (art. 9)
1. Provisions for separation

96. There are several provisions in Belizean law to separate a child from its parents, in circumstances where the child is considered to be at risk. Under the Criminal Code (S. 60 (4)), a male found guilty of incest against a female aged under 18 years may be divested of all authority and guardianship over that female. Under the Indictable Procedure Act (S. 178), the court has the power to divest a parent or guardian, found guilty of encouraging or allowing a female dependant aged under 13 years to be seduced or prostituted, of all authority over that young female, and to appoint another guardian, until she is 18 years or as the court otherwise directs for her protection. The Juvenile Offenders Act (S. 14 (1)) empowers the court to separate a child from its parents as a consequence of a sentence for unlawful conduct by that child. This separation occurs only after the child has pleaded or been adjudged guilty of the offence alleged by the court, after due process of law and in accordance with the special provisions prescribed by this Act relating to persons aged under 18 years.

97. The Supreme Court also has the power to make orders of custody on the application of either parent in relation to persons aged under 18 years under the Infants Act (Ss. 13 and 14), and the Supreme Court of Judicature Act (S. 152) (on an application for divorce or separation). The Family Court also has jurisdiction to make custody orders under the Married Persons (Protection) Act (Cap. 141) (until the child turns 16 years, on the application of either parent) and the Children Born Out of Wedlock Act (custody order in favour of the father when the mother is found guilty of default or neglect).

98. The Infants Act (S. 24) specifically provides that, in any court proceedings concerned with the custody or upbringing of a person under the age of 18 years, including the administration of their property and income, that person's welfare is "the first and paramount consideration". This provision is deemed to apply to questions concerning the separation of a child from either or both of its parents, and of whether the parent deprived of custody should still have access to the child. Although the other laws mentioned in this section do not have the specific provision, questions of custody and separation are determined after exhaustive inquiry into the circumstances of the case by competent authorities whose decisions may be varied by the court at any time (Ss. 14 and 25).
2. Participation of interested parties in proceedings

99. Applications in the Supreme Court under the Infants Act and the Supreme Court of Judicature Act are conducted in accordance with the normal rules for civil proceedings in that Court. These rules do not generally allow for intervention by third parties and it is usually the decision of the plaintiff/applicant and the defendant/respondent to determine the witnesses to be put forward in support of their case. The judge may not of his or her own accord call witnesses which the parties themselves have elected not to call. There is no specific provision allowing "interested parties" to be heard on applications in the Supreme Court whereby a child may be separated from one or both parents. However, in practice, and in the best interest of the child the trial judge in his discretion may allow interested parties to participate in the proceedings.

100. Applications in the Family Court are, by law, to be more informal than other court proceedings, are to be conducted with a view to arriving at a settlement of the subject-matter of the proceedings, and the judge has the power to lay down the procedure to be followed in court (although following as far as possible the rules of procedure obtaining in the Magistrates Court). It is therefore conceivable that, in this court, all parties deemed interested parties by the judge would have a chance to be heard in proceedings whereby a child could be separated from one or both parents. There is no prescribed right of interested parties to intervene in such proceedings.

101. There are no specific provisions in Belize law requiring the Government to provide family members with information concerning the whereabouts of a person separated from his or her family due to government action. This information may be readily obtained by family members, especially in view of Belize's small size and population.
D. Family reunification (art. 10)

102. The Constitution guarantees a person's right to freedom of movement, including "the right to enter Belize and immunity from expulsion from Belize" (S. 10 (1)), subject to the provisions of any law making reasonable provisions, consistent with those contained in article 10 (2) and including restrictions on the freedom of movement of any person who is not a citizen of Belize.

103. However, in general, matters of family reunification are more concerned with executive policy than with the legislative arm of Government. The right to enter Belize is governed by the Immigration Act, with additional provisions set down in the Aliens Act and the Aliens (Registration) Act. There has been a high incidence of migration into Belize from neighbouring Central American countries, especially during the 1980s, as a result of civil unrest and armed conflict in those countries. This is evidenced by the large numbers of documented and undocumented refugees, displaced persons and legal and illegal aliens residing in Belize, estimated by the United Nations High Commission for Refugees (UNHCR) to collectively represent up to 15 per cent of the total population. As such, Belize has demonstrated a sound record in opening itself up to the reasonable humanitarian resettlement of uprooted families, especially on a temporary basis pending the opportunity for voluntary repatriation, and this has extended to a concern for the well-being of the children of those families afflicted by the effects of unrest and conflict.

104. With respect to the reunification of Belizean families, there is a reasonably high incidence of one or more of the parents residing outside of Belize, usually in North America. In some circumstances, the parent may migrate without the necessary documentation. The difficulty for the child in trying to secure a visa to visit the parent, often due to a concern by the country of destination that the parent has emigrated ostensibly as a means of subsequently relocating the child to North America, creates a problem for the child's efforts to reunite with the parent. In most cases, those children are left in Belize in the care of relatives. The parent may be reluctant to return to Belize in case there is difficulty in returning to the place of residence. This is a difficult matter, especially as the child is so often the innocent victim, and deprived of family reunification.
E. Recovery of maintenance for the child (art. 27, para. 4)

1. Legislative provisions

105. The liability of parents to maintain their children was considered at section V.B. Inherent in this duty is the responsibility to ensure an adequate standard of living. To this end, there are several laws concerned with ensuring economic support for the child (defined as under 18 years unless otherwise specified):

The Family Maintenance Act, Children Born Out of Wedlock Act, and the Married Persons (Protection) Act entitle a child to a maximum of 50 dollars weekly child support in accordance with the Family Legislation (Amendment) Act No. 8 of 1994.

106. It should also be noted that the mother has the capacity to take a maintenance application to the Supreme Court. In such instances, the court may award a rate of maintenance substantially more than the Family Court's level of US$ 25 per week per child. The Supreme Court is able to take account of the father's income, to the benefit of the children of higher-income fathers. This may serve to disadvantage the children of middle-income fathers, whose mother may be unable to afford to bring such a case to the Supreme Court, and will therefore have to suffice with the Family Court maintenance rate. As a result, such a child may be denied the capacity to be maintained at a level more consistent with the father's standard of affordability and which they would otherwise receive if the father had remained in the home environment.
2. Enforcement of maintenance orders

107. The enforcement of maintenance orders are set down in the Summary Jurisdiction (Procedure) Act (Part IX). This includes the enforcement in Belize of maintenance orders made in England and Northern Ireland, and the enforcement abroad of maintenance orders made in Belize. The Government is empowered to extend these provisions to any Commonwealth country having reciprocal provisions allowing the enforcement of maintenance orders made in Belize. To date these countries are the Bahamas, Barbados, Grenada, Guyana, Jamaica, the Leeward Islands, and St. Vincent and the Grenadines, New South Wales and the Australian Capital Territory, Guernsey (State and Bailiwick), the State of Jersey and the Isle of Man (as per the Schedule in the Maintenance Orders (Facilities for Enforcement) (Consolidation) Order (Cap. 100 in Subsidiary Laws)). It needs to be noted that these current reciprocal agreements would make only a small direct impact on the enforcement of maintenance orders abroad, as the vast majority of such instances would not be covered, occurring as they do in North America.

108. The provisions of the Summary Jurisdiction (Offences) Act (S. 4 (xxix)) are an attempt to force the person who is to maintain his family to do so under the pain of imprisonment. The order to pay a specific sum is made with a default clause for distress. However, if the respondent cannot answer to the satisfaction of the court or fails to attend court then a committal warrant is issued by the court for imprisonment of the respondent. The imprisonment of the respondent does not liquidate the maintenance debt.

109. In the face of persistent difficulties in ensuring that fathers fulfil their obligations to pay maintenance, it is noted that the Family Court has, in 1995, been taking more forceful action to ensure compliance. This has included some instances of imprisoning fathers who persistently and wilfully default on maintenance payments, and this has generated some attention in the media to the financial responsibilities of fathers charged with the maintenance of their dependent children.
F. Children deprived of a family environment (art. 20)

110. Responsibility for the care of children who have been removed from, separated from or otherwise deprived of their family environment is vested in the Department of Human Development. DHD investigates and follows up cases of children in such circumstances. Through DHD, the Government also makes provision for the temporary or permanent care and protection of such children, through the coordination of foster care, assessment of adoption applications or administration of institutions (under the Social Service Agencies Act and the Certified Institutions (Children's Reformation) Act). As at September 1995, a total of 46 children were in foster care with 37 different foster families and a further 36 children were in institutions as a result of being deprived of that family environment (not including juveniles placed in detention by the courts for infringing the laws, but including 17 children institutionalized for "uncontrollable behaviour").

111. The main institutions offering such care and protection of children are:

112. DHD is also responsible for the coordination and administration of fostering arrangements. Foster parents are paid a monthly allowance for each foster child, as a contribution towards the costs of food and care. DHD also meets the costs for foster children of school uniforms and textbooks and, for those in secondary school, tuition and other fees. During 1994, DHD, through its Family Services Division, markedly upgraded the role of foster services and its coordination of foster families. This included revising foster care standards, public education of fostering services, formal recognition of current foster parents, and improved coordination of fostering arrangements. A booklet on foster care was published, and the register of eligible foster families expanded.

113. In 1994, DHD, in cooperation with UNICEF, contracted a British NGO, National Children's Homes - Action for Children, to review arrangements for the care and protection of children, with an emphasis on provisions for children in institutions, and adoption and fostering arrangements. This review was completed in early 1995, and highlighted a range of actions which could be taken to improve, inter alia, compliance with the articles of the Convention. To improve such compliance, the Department has instituted reforms to arrangements for juvenile offenders, with the closure of a residential institution (Listowel Boys' Training School) and introduction of local coordination arrangements for probation and community service orders, along with improvements to support services at Princess Royal Youth Hostel.

114. Further reference should be made to subsection B.2 above. Whilst there are various laws governing the care and protection of children (as referred to elsewhere in this report), there is no legislation setting down procedures to be followed when children are deprived of their family environment. Generally, the nature and application of these procedures constitute administrative policy and guidelines, within the obligations to children set down in those various laws.

115. In this respect, there have been significant changes in government policy and procedures since 1994. Most important, the establishment of FSD, the review of all policy and procedures governing children in situations of care and protection, improvements to fostering provisions, the development of a community-based juvenile rehabilitation and probation service, the associated closure of Listowel Boys' Training School, the development and adoption of improved procedures in adoptions, and the review of reforms to adoption legislation (see below), constitute an important start to much-needed reforms.

116. It is emphasized that the overarching policy context of DHD in this regard is towards the deinstitutionalization of children and their integration into family settings, whether through reunification of children with their families, or through fostering or adoption arrangements. National obligations as a party to this Convention have been a major reference point in developing such reforms. The introduction of standards of care in institutions and facilities will further improve such compliance (as per comment at section III.B.2).

117. One special area of concern is that of children who entered Belize during the period of the influx of Central American refugees. A few children came without their parents, and in other cases they were abandoned after entering the country. These actions often leave the children no status or nationality, as they are very difficult to detect. It is unknown to what extent this remains a problem in Belize at the present time. However, the occasional identification of such cases indicates that this needs some attention.
G. Adoption (art. 21)

118. At the outset it should be acknowledged that probably the most common form of adoption in Belize is of an informal nature, and therefore occurs without the authorities' knowledge. For the families involved, this would rarely even be viewed as an adoption situation. However, this raises concerns about the child's status and therefore his or her entitlements, for example, to inheritance, eligibility to a pension if a "parent" is deceased, maintenance provisions, and so forth. In some few cases, it is understood that a child handed to another family after birth may not even have had their birth registered. This is a situation which needs to be examined. This should include attention to the scope for remedies to legitimize their status and to safeguard their rights and entitlements.

119. The Adoption of Children Act governs procedures applicable to the adoption of children in Belize. Whilst DHD has administrative responsibility for adoption matters, the fact is that virtually all adoptions in Belize presently do not involve it, being handled directly between the prospective relinquishing parent, the prospective adopting person, the latter's attorney, and the Supreme Court. DHD would traditionally be involved in no more than 10 per cent of adoption applications per annum.

120. The Act prescribes three matters which the Court must satisfy itself about before making an adoption order:

(a) That all relevant consents have been granted (essentially applies to the adopting parent and to the relinquishing parent);

(b) That the order is "for the welfare of the infant", with due consideration, if possible, of the infant's wishes; and

(c) That the applicant (adopting parent) is not to receive "any payment or other reward in consideration of the adoption" (S. 6).

121. The need for reform in this area is evident when the Act is considered to the extent to which it addresses this article: it does not provide for authorization by competent authorities, it does not guarantee informed consent (depending as it presently does on that consent being secured by the applicant's attorney) nor the absence of improper financial gain (for the same reason), it does not explicitly permit intercountry adoption, and neither therefore does it ensure the necessary safeguards for adopted children who leave Belize.

122. The Act requires that "the applicant and the infant reside in Belize" (S. 4 (4)). In practice, most adoptions seem to be to non-Belizeans who establish short-term residency until the adoption application succeeds, and then leave the country. To the extent that "residency" does not necessarily mean "domicile", this is considered reasonable provision for intercountry adoptions, in that the applicant must first spend some time in Belize to be adequately matched with the prospective adopted child. Government is aware that there have been infringements of the intent of this residency provision -by both non-Belizeans and Belizeans living abroad. This matter would be best addressed by improved administration of applications via DHD, rather than a change to the Act.

123. The court may dispense with parental consent if that parent has abandoned, deserted, or persistently refused to financially support the child, or if the parent cannot be found (S. 5 (1)). The Act further ensures confidentiality of records containing entries of adoption orders (the Adopted Children Register) (S. 13).

124. In 1995, the provisions of the Act and the adequacy of adoption procedures were reviewed by MHR. Amongst concerns identified were that:

(a) Many adoptions are driven by the interests of the prospective adoptive parents with little apparent professionally assessed attention to the best interests of the child;

(b) There is no systematic attention given to ensuring that intercountry adoptions only occur if no adequate domestic solution is available;

(c) Tightening of criteria and/or of their application is required (such as what constitutes residency by the applicant, what constitutes "informed" consent, and whether financial rewards are, in fact, being paid) in establishing standard procedures;

(d) There should be separation of pre-adoption assessment procedures from the attorney-managed application process.

125. Coinciding with this review, and in anticipation of reform to the Act to address such concerns, the Family Services Division of DHD has developed more comprehensive pre-adoption assessment procedures to standardize and professionalize the pre-adoption screening process (the critical stage of the adoption process). This includes use of home study reports, health record check, criminal record check (especially a search for abusive behaviour), socio-economic report, counselling session for prospective adopting parents, and parenting skills training (a prerequisite). The proposed reforms include attention to more formal links with competent authorities in other countries, the transfer of responsibility from the Supreme Court to the Family Court, and the creation of an Adoptions Review Board to consider all cases before they proceed to court. In addition, it is proposed that provision be made to facilitate adoption applications by Belizean families, subject to assessment of their suitability. This includes recommendations that FSD prepare the adoption application documents, and that the Legal Aid Centre assist in the process. Such procedures and proposed reforms are deemed consistent with the intent of this article, and clearly aim to place the interests of the child as of paramount concern in all adoption applications. However, it is reiterated that, pending adoption of the proposed reforms, FSD is involved in only a minority of applications.

126. Finally, it is noted that approximately 20 per cent of births are to teenage females (according to the 1991 national Census), a substantial proportion of whom are aged under 18 years. In instances where such infants are offered for adoption, the laws would require the consent of the mother's parent. Although the court has the responsibility to take into account the views and interests of the child, and the discretion to take into account the views of the unmarried mother aged under 18 years, some attention may be warranted to the question of the latter's rights once she reaches the age of being able to herself grant informed consent, especially in instances where her infant is offered for adoption against her expressed wishes.
H. Illicit transfer and non-return (art. 11)

127. Belize ratified the Hague Convention on the Civil Aspects of International Child Abduction in 1980. To give that Convention the force of law in Belize, the International Child Abduction Act (Cap. 143A) was passed in 1989, with jurisdiction vested in the Family Court to entertain applications under the Convention in Belize concerning children under 16 years of age. The Act states, inter alia, that:

The Act also provides that the applicants bear all associated costs, except where such costs may be covered by Belize's legal aid system (S. 12). By Statutory Instrument 98 of 1993, Contracting States under the Convention were gazetted to enable enforcement of the Act in Belize.

128. Provisions for kidnapping or abducting a person in Belize for transporting out of the country are covered by the Criminal Code. Sections 52 and 53 define kidnapping as an offence punishable by, in the case of stealing a person under 12 years of age, 10 years' imprisonment, and in the case of kidnapping any person whatsoever, 10 years' to life imprisonment. The abduction of an unmarried female aged under 18 years carries a sentence of 2 years' imprisonment (S. 54) and the forcible abduction of any female carries a sentence of 14 years' imprisonment (S. 55).

129. "Kidnapping" occurs when someone imprisons a person within Belize so that the victim has no access to the court to gain their release or any means of calling for assistance (S. 71). "Stealing" is defined as kidnapping or when a person unlawfully takes or detains the victim to deprive the person entitled to possession of the child of such possession (S. 72). "Abduction" occurs when a female is unlawfully taken from or detained from returning to lawful possession or care, or where there is intent to cause the female to be married or carnally known, regardless of the victim's consent or the duration of the abduction (S. 73).

I. Abuse and neglect (art. 19), including
physical and psychological recovery and
social reintegration (art. 39)

130. The following offences against the child are punishable by imprisonment under the Criminal Code, and demonstrate the efforts taken in Belize to protect children from violence and abuse:

In addition, there are other offences against the person, which includes the child, for which the perpetrator may be prosecuted, including murder, assault and battery, incest and wounding.

131. The Criminal Code also provides for the use of justifiable force by a person who has the authority to correct a child for misconduct (S. 30), and for cases where the use of force against any child under 16 years of age may be justified (S. 38). For example, S. 38 (1) states that:

132. Despite greater awareness of the limited benefits of corporal punishment, and of more constructive alternatives, such force is still widely in use in Belize, including in families and in government facilities and institutions. It is considered that the use of corporal punishment reflects widespread public opinion and values. Even if that use of force falls within the provisions of S. 38 (1), it is considered that action is required to promote alternatives. Action has been advocated elsewhere in this report (sect. III.B.2) to implement standards of care in such facilities and institutions, and this should help to rectify this situation. However, further attention is required to the expansion of public education via agencies such as, in Government, FSD and, within the non-government sector, e.g. NOPCA.

133. The Domestic Violence Act No. 28 of 1992 addresses the matter of violence within the home, and especially to women and children. It provides for a court of summary jurisdiction to grant to an applicant a protection order against a perpetrator (S. 4), and for the victim's right to live in the dwelling previously shared with the offender to the exclusion of the offender (Part III). The Act provides, inter alia, for assistance to victims of such abuse (S. 40), the compilation of statistics on the incidence of such abuse, and the responsibility of the Ministry of Human Resources to promote and develop educational programmes for the prevention of domestic violence, including the training of counsellors and encouraging the establishment of shelters (S. 42). The Act applies equally to children, including that applications for a protection order may be filed on behalf of a child, with a copy served also on the parent or guardian with whom the child usually lives (S. 13). With respect to the granting of occupation orders, the best interests of the child are an important consideration (S. 23 (3) (b)).

134. As described elsewhere in this report, Government provides various but limited forms of assistance to children and their families where there is neglect or maltreatment. Some NGOs provide services and support in this respect, especially in areas of education and prevention. DHD is responsible for investigating and reporting on such cases, and also maintains facilities to assist the child's respite, treatment and reintegration with the family. In instances where temporary removal from the household is required, abused children would normally be accommodated at the Child Care Centre, where they would receive counselling and support services from visiting FSD officers. There is a need to examine the adequacy of the relationship between the preventative and educational role of NGOs (and of the lack of NGOs in the area), and the intervention and investigative role of DHD.

135. There is also a need to define child abuse. This is especially important if there is to be improved procedures for enforcing provisions for protection and criteria for investigation: otherwise precisely what is the child to be protected from, and how can it be established that abuse has occurred? Also, regulations need to be adopted which require a medical practitioner or a schoolteacher to report cases of child abuse or neglect, when they become aware of such occurrences.
J. Periodic review of placement (art. 25)

136. In general, whilst the Medical Service and Institutions Act and the Unsoundness of Mind Act provide for periodic review of placement in instances of psychiatric disorder, these provisions are not used with respect to children. They amount to a reasonable safeguard if, in the future, they are indeed applied to children. At present, if a child is considered to warrant institutional care for reason of a psychiatric disorder, they would likely be accommodated on a short-term basis at Belize City Hospital. There are no other laws bearing on the periodic review of children placed into care for their health needs. However, the courts, in determining the placing of children on applications for custody, have wide review powers, including the power to vary an order of custody at any time.

137. The Medical Service and Institutions Act (Cap. 30, S. 47) makes general provision for any person to obtain an order from the Minister for Health for the medical examination of any institutionalized psychiatric patient. If two such examinations, carried out by more than one doctor at least one week apart, support an opinion of discharge, then the Minister has the discretion to do so 10 days after the order to conduct the examinations. The cost of the examinations is borne by the person making the application to the Minister. The Chief Medical Officer is required to formally notify the person's nearest relative of his or her recovery and imminent discharge (S. 48). (Reference should also be made to sect. VI.B.1.)

138. The Unsoundness of Mind Act (Cap. 83) requires that the Minister of Health appoint a Board of Control (S. 24) which is responsible, inter alia, for twice-yearly inspections both of every institution housing a person deemed to be mentally defective and of every such person under supervision or guardianship (S. 26 (2)). The Board has the power to discharge any such person at any time (S. 26 (3)). Whilst no such Board is in existence, it is also true that children are not classified as mentally defective and accordingly institutionalized under this Act. At any rate, the majority of such persons are voluntary residential patients, or have otherwise been ordered into institutional psychiatric care by the courts. In the latter case, the Ministry of Health is required to submit a monthly report to the court.

139. For children placed in institutions for their care, there appear to be no legislative requirements for regular reviews. There are, however, administrative arrangements in respect of government-managed children institutions whereby reviews occur every six months although there is presently a move to institute such reviews on a three-monthly basis.

140. With respect to the institutional treatment of drug abusers, there is one inpatient programme in Belize, the Le Patriarche programme. This NGO operates two centres, at Placencia Village in Stann Creek District, and at San Ignacio in Cayo District, and accommodates up to 25 people at any point of time. Admissions are made via the National Drug Abuse Control Council (NDACC), or else by self-admission at the facility (in which case, NDACC is still informed and involved). NDACC visits every inpatient every month to review progress, and receives a quarterly progress report on each patient. People admitted for treatment have been as young as 12 years of age.
K. Concluding comment

141. To the extent that such data are available, statistical information on the numbers of children per year within the reporting period, disaggregated according to various characteristics and categories, is presented in the tables attached to this report.

142. With respect to the question of equally shared parental responsibility, it was noted at subsection B above that the laws of Belize assign principal responsibility for the maintenance of children to the father, and only to the mother where the father fails in his duty. In the context of greater efforts to secure equal opportunity for women in the employment and economic spheres, and in other aspects of social, domestic and economic relations, this may seem anomalous. Whilst such gender equality is far from a reality, there may be merit in reviewing such legal provisions in terms of recognizing the principle of gender equality in the context of responsibility for the maintenance of children.

143. Comment has also been made with respect to parental responsibilities in the area of public concern about ready access by children to viewing what is widely regarded as being inappropriate and unsuitable broadcasts on cable TV. In this regard, the measures advocated in the previous chapter to improve public programming of cable broadcasts should be augmented by public education efforts, and could cover shifts in the centrality of TV viewing to family life, and means of better screening programmes selected for home viewing.

144. It has been noted that the Family Court has taken commendable first steps in 1995 to ensure greater compliance by fathers with maintenance orders. However, it also needs to be stated that there may, in some instances, be unintended consequences, such as, for example, where the man is in a married household, but is fathering children by a second relationship and being required to maintain those children born out of wedlock. This often occurs to the detriment of the children in the first household, for whom there is unlikely to be a maintenance order. In view of the prevalence of such relationships in Belize, this matter may warrant further investigation, as also may the situation whereby the mothers of children of middle-income fathers are unable to afford to take a case to the Supreme Court for a maintenance settlement more consistent with the father's means and with the standard of care which the child would otherwise have received.

145. Section IV.B.2 commented on government assistance in the care of children. Whilst the recent introduction of limited financial assistance to non-government children's institutions is welcome, this level deserves review, especially in the anticipated event of the Government introducing formal minimum standards of care for children in those institutions, as described in section III.B.2.

146. Reference was made to the power of the court to divest a parent of authority over any female child aged under 13 years, whom they have encouraged or allowed to be seduced or prostituted. It is considered that this age-limit ought to be raised to 16 years, and equally applied to male children.

147. To further improve compliance with article 9, provisions should be made to ensure, rather than more informally permit, freedom of access to information on instances whereby the State separates a child from his or her family members.

148. Article 10 deals with family reunification, and comment was made in sections IV.B and I, concerning article 8, about the need to examine the status of children whose parents are covered by the Aliens Act. This especially needs to ensure that children are not left homeless or in any other way vulnerable as a result of their parents being displaced under this Act, nor that those children are in danger of being separated from their parents and other family members. It is recognized that this may raise particular problems in the application of such protection to not just the children, but to other family members as well, and may be interpreted as negating the intended effect of the legislation. Nevertheless, such protections need to be assured.

149. Also with respect to article 10, there is a need to examine the extent to which there is a problem for the Belizean children of parents who emigrate, primarily to the United States, in being unable to secure visas to be reunited with, or even visit, those parents. It is recognized that, in some cases, those parents may have migrated without the necessary approval of the receiving country. This means that such parents will be reluctant to return
to Belize to visit their children, for fear of being unable to re-emigrate. However, once again, the focus of this examination needs to be upon the rights and needs of the child.

150. In section IV.E (art. 27 (4)), recent reforms to the levels of maintenance were mentioned. However, it is considered that there remains a need to monitor and review both the adequacy and consistency of such rates of maintenance, including with respect to the identical treatment of children regardless of the marital status of their parents. Such a review may include attention to the merit of incorporating provisions for indexing levels of such payments, both in line with cost-of-living movements and in order to progressively achieve a more adequate level of support.

151. Also concerning article 27 (4), comment has been made about the limited relevance of provisions for reciprocal maintenance orders with other States. Part IX of the Summary Jurisdiction (Procedure) Act presently confines such reciprocal agreements to other Commonwealth countries. This severely restricts the scope of such provisions. As a result, it is important that, firstly, the Act be amended to permit reciprocal agreements with countries other than those that are members of the Commonwealth and, secondly, that the Government initiate discussions with the United States Embassy to ascertain the potential to enter such a reciprocal agreement with the United States.

152. The situation concerning article 20 was briefly described at section IV.F. The adoption of reforms arising from the independent review of arrangements for children in institutional care has been noted, along with various proposals for further reform which are being considered by Government in 1995. Nevertheless, in the drafting of comprehensive children's legislation, attention is still required to judicial procedures to be followed when children are deprived of their family environment, even though the nature and application of those procedures need to be detailed in administrative policy rather than legislation. As mentioned at section V.F, there also needs to be some appraisal made of the incidence of, and procedures to apply in handling cases of the abandoned and stateless children of refugee families.

153. As has been noted, the Government has acknowledged the need for reform to the Adoption of Children Act, and to associated assessment. Steps are now in progress to implement these changes, and DHD has developed and adopted standardized pre-adoption assessment procedures, to better ensure that the interests of the child are paramount. Briefly, the proposed changes aim to define DHD as the competent authority in all adoption applications (including as the guardian ad litem), to ensure that adoption is considered the appropriate and preferable action for the child, to ensure that all informed consents have been granted, to ensure that appropriate pre-adoption assessments and counselling have taken place in all applications, and to permit intercountry adoptions (accompanied by intercountry screening and assessment) whilst ensuring that appropriate domestic remedies do not exist.

154. With respect to adoptions, the prevalence of informal adoptions has been mentioned, along with the precarious position in which this may often leave the child. Therefore, it is necessary that this situation be examined, and the potential for appropriate remedies and safeguards considered. Similarly, attention needs to be given to the matter of the rights of the child-mother whose baby is adopted, whereby she may not support the adoption of her child.

155. It is also important that all instances of children in long-term institutional care be reviewed, and steps taken to identify appropriate alternative family-based solutions to their needs. It is reiterated that DHD has embraced a policy and programme framework which emphasizes family reintegration and the deinstitutionalization of children. This paves the way for a range of further reforms to institutional care, and especially to substantially reducing the incidence of long-term residential care.

156. Also, DHD should endeavour to adopt procedures whereby the applicant for adoption is screened, counselled and assessed, prior to any matching with a prospective child available for adoption. Furthermore, in view of the fact that most intercountry adoptions are to citizens of the United States and that the United States Government has stringent provisions to be met in approving adoptions by such people, it may be advisable for the Government to formalize a bilateral intercountry adoption agreement with the United States, which may also serve as a model with respect to other countries.

157. It is widely considered that more concerted action is required to give better effect to the provisions of the Domestic Violence Act. This applies both to greater use of the Act to prosecute offenders, and to ensuring that the requisite services are provided. Such services include the relative lack of specific counselling for the victims of domestic violence, the continued shortage of shelters for victims, the need for improved attention to the training of personnel, and the continued absence of adequate statistical information. In fact, there appears to be a need for urgent attention to many of the provisions of section 42, which is the specific responsibility of MHR. This is not to deny the efforts already taken, or the general difficulty in tackling domestic violence.

158. Urgent attention must be given to the incidence of non-reporting of child abuse. It is recognized that this is a very difficult issue to identify; however, there needs to be closer collaboration between DHD and relevant NGOs, such as NOPCA, in the investigation and treatment of such cases. Such collaboration also needs to develop improved public awareness strategies as part of a preventative approach to child abuse, although attention is also required to means by which the laws governing child abuse may be more comprehensively enforced.

159. It is also necessary to acknowledge the persistence of the corporal punishment of children in Belizean families and institutions. Even though this behaviour may fall within the scope of Belizean law, it is considered that action is required to minimize such practices. This could include:

(a) Reviewing the extent and nature of corporal punishment, and provisions for its application, including rights of appeal, within government and NGO institutions, including schools;

(b) Implementing the provisions of the Social Service Agencies Act in terms of prescribing standards of care and protection;

(c) Efforts to better define forms of child abuse (including psychological); and

(d) Action to better promote public awareness of alternative forms of discipline of children and of alternatives to such disciplinary action.

160. In view of the highly precarious nature of NGOs, with the lack of resources for sustainability of operations and services, urgent attention is needed to the development by DHD of a comprehensive strategy for such case management. This needs to recognize the primary responsibilities of Government, via DHD, as well as the essential role to be played by NGO and Church-based agencies. Further review is needed of the nature of any sustainable network of NGOs which is required to ensure a more formal and consistent role by this sector in collaboration with Government. Such review needs to give attention to the current and required nature of the relationship between Government (and its investigative and intervention responsibilities) and the NGO/Church-based sector (and its educational and preventative roles).

161. Whilst young people in institutions receive periodic review of treatment and placement, it seems desirable for this to be a formal requirement. This may not need a specific amendment to the relevant Acts, but should certainly be incorporated into the minimum standards prescribed by DHD for all -government and non-government - institutions and facilities, as per the Social Service Agencies Act (S. 13 (1)).

162. Finally, it is necessary to call for a review of the laws to the extent that there may be a need to remove gender discriminatory provisions. In a number of cases, the laws make different provisions for the female and the male child. These are essentially of two types. Firstly, there is an assumption that a male child is in need of financial support until the age of 18 years regardless of marital circumstances, but that such need ceases if a female child marries, presumably because there is an expectation that the husband is responsible for her maintenance. This is often not so, quite apart from the question of whether it is any longer acceptable in view of issues of economic independence and greater gender equity in treatment within public policy. Examples of laws which may be included in a review would be the Wills Act (SS. 35 and 36), the Pensions Act (SS. 6 (1) and 12 (6)), and the School Teachers' Pensions Act (Cap. 33, S. 21 (4)). Secondly, there are gender differences in laws governing such matters as child sexual assault and abuse, and associated protective provisions. These differences seem inappropriate in such areas. Examples of laws which may be included in such a review, to extend protective provisions to include the male child, would be the Criminal Code (SS. 46-49 and 68 (rape and carnal knowledge), 54 and 55 (abduction), and 60 and 61 (incest)). At the same time as removing gender disparities, such review should also examine areas where there could be improved consistency in the application of age levels to different offences. Reference has been made to such examples in other sections of this report, including earlier in this subsection.

VI. BASIC HEALTH AND WELFARE
A. Survival and development (art. 6, para. 2)

163. This subarticle has been addressed under section III.C.3 of this report, where reference was made to the provisions of the Criminal Code (S. 96) concerning the duties of parents and guardians "to supply the necessaries of health and life", and to the Family Maintenance Act (SS. 2 and 3) which ensures parental responsibility for the maintenance of children. Parental responsibilities for the upbringing and development of the child, along with government assistance in this regard, were discussed at section V.B.

164. In addition, the 1994 reforms within DHD, which included the placement of child development officers within FSD, have further strengthened the focus of that Department on improving the development of the child. These have also been referred to elsewhere in this report (see, for example, sects. V.B.2 and V.F).
B. Disabled children (art. 23)
1. Legislative provisions concerning people with mental disability

165. The only legislation dealing specifically with people with disabilities relates to mental disability. Refer to section V.J for a description of the Medical Service and Institutions Act. The other relevant law is the Unsoundness of Mind Act. It empowers the courts to make orders for the custody of persons found to be of unsound mind, and provides for a person deemed to be intellectually disabled to be placed in an institution established for such purposes, or otherwise placed under supervision or guardianship. This latter provision is at the instigation of that person's parent if, though not severely intellectually disabled, he or she is under the age of 18 (S. 19 (1) (a)).

166. For intellectually disabled children over the age of 7 but less than 16 years, the Ministry of Education's Chief Education Officer is empowered to give notice to the Commissioner of Police that a child is incapable of receiving benefit from special education classes without detriment to the interests of the other children, and should be transferred to an institution or placed under other supervision or guardianship (S. 19 (2)).

167. The parent of a child under the age of 18 years certified as intellectually disabled by two duly qualified medical practitioners - and also signed by a judicial authority where the child is regarded as not severely so - may have that child placed in an institution or under supervision or guardianship (S. 20).

168. This Act also requires (S. 26) that a Board of Control, responsible to the Minister of Health, inter alia, exercise supervision over all such institutions and the standards of care, training, control and treatment of such institutionalized persons. The Board is required to inspect every institution holding intellectually disabled people at least once in each year, and to inspect every person under such supervision or guardianship at least twice yearly. The Board is empowered to discharge such a detained person at any time.

169. However, it is noted, firstly, that this Board does not exist and, secondly, that whilst children would be covered by the provisions of this Act, it is not used in this way. There is limited provision for accommodating a moderately intellectually disabled child at the Stella Maris School in Belize City. The Stella Maris School was established in 1958 as a school for the physically disabled. In 1982, the Lynn School for the intellectually disabled was amalgamated into Stella Maris, which now serves approximately 100 children with a wide range of disabilities. Several secondary schools have indicated a willingness to accept Stella Maris graduates. However, there have been few successful experiences in this regard, due largely to a lack of teacher training, parental attitudes, a lack of appropriate aids, and the frustration of the students in being unable to keep pace with the curriculum. Since 1993, students with cerebral palsy and hearing impairments have attended the Centre for Employment Training, an upper secondary vocational and technical training centre run by the Ministry of Education. In the rare instances where a child is considered to require institutionalization for reasons of more severe intellectual disability, this would take the form of short-term detention at the Belize City Hospital. Even so, there has been at least one recent instance where a child was detained at the Infirmary, and this highlights the need for provisions to be made for children with these types of disability.
2. Services for children with a disability

170. The Government of Belize established the Disability Services Division (DSD) in 1986. DSD is under the purview of DHD and has field officers operating in each District. DSD's stated goals are to provide rehabilitation services at the community level for disabled persons and provide advocacy for disabled persons and their families in obtaining community services.

171. DSD operates a national rehabilitation centre, and its range of services includes a comprehensive screening service for children and infants, including screening of new-born babies at the hospital and at maternal and child health clinics. Young children with developmental delays are provided with early stimulation and rehabilitation services, usually in their homes, by DSD staff and volunteers. Parents of these children are also encouraged and trained to provide these services. DSD also screens for hearing impairment and fits hearing aids, and maintains a supply of low-cost equipment (crutches, wheelchairs, hearing aids, telephone amplifiers, prostheses, etc.) which it lends as available. In 1994 it commenced the local manufacture of some such equipment, and provides training to interested people in their design and low-cost construction.

172. DSD also maintains a national register of people with disabilities, including those who have received some type of service from it. Approximately one third of this population is children under the age of 15 years. Even so, it is estimated that less than 10 per cent of those with special needs are in receipt of services.

173. Within the Ministry of Education, a Special Education Unit was established in 1990, for the purpose of organizing and supervising special education services and the integration of disabled children into the primary school system. Since 1992, that Unit's coordinator has been responsible for coordinating in-service training in special education, and the Special Education Sensitization Programme for administrators, education officers, and teachers. More recently, the Ministry of Education has developed a Special Education Plan, as part of its National Educational Development Plan and, in 1994, established a Special Education Consultative Committee, comprising representatives of Government and NGOs with expertise in the area. In 1985, the Ministry of Education's Pre-school Unit began to offer training ses