The ability to access consistent and reliable data presents insurmountable challenges in the Grenadian context. It is clear that the importance of data collection and the manner in which it is documented are not fully understood by many. Mechanisms to ensure that standard data collection procedures are implemented, adhered to and pooled to a central statistical unit are non-existent. In addition to this, the poor level of coordination and cooperation between government departments does not facilitate the smooth flow of information that may have been obtained. From various responses, it was observed that the working relationships between government departments are not clearly defined, hence the problem of coordination.
As a result of these weaknesses within the system, researchers are confronted with the formidable task of trying to retrieve data and to discern the true nature of the situation when presented with inconsistent and unreliable information. Proper documentation procedures serve, among other things, to:
(a) Identify existing problems to which solutions have to be found;
(b) Reveal the extent to which they affect society;
(c) Provide the basis for which programmes can be implemented to initiate change;
(d) Provide the basis of assessment of these programmes - it is only after measuring the impact of such programmes that their effectiveness can be known.
The importance of implementing standard methods of data collection and data storage once again must be emphasized.
Staff within government departments have to be sensitized to this importance, as well as encouraged to maintain high standards in this regard in order to facilitate the creation of an easily accessible data bank, which will allow realistic analyses that will ultimately influence social and economic development.
All references to chapters of laws are references to those in the 1990 edition of the Laws of Grenada with the exception of the Criminal Code which still remains chapter 76 of the 1958 edition of the Laws of Grenada.
Other references are to new legislation and also to amendments to earlier laws which became law between the years 1991 and 1995.
The Grenada Constitution Order 1973 is the same as the Grenada Constitution and the Constitution throughout this text.
1. Grenada is the largest of the three islands which constitute the nation of Grenada, the other two being Carriacou and Petit Martinique. Grenada is located on the southern end of the chain of islands called the Lesser Antilles, approximately 90 miles north of Trinidad.
2. As revealed by the 1991 Population and Housing Census, the population of Grenada stood at 95,343 persons. Youth under the age of 18 years accounted for approximately 46.4 per cent of the total population.
3. The present economic situation in Grenada has adversely influenced the effectiveness of the already limited services. As a result, the growing needs of children are not adequately met with the available human and financial resources.
4. There are increasing concerns that existing legislation is archaic and not sensitive to the needs of children vis-à-vis the kinds of problems they encounter in present-day society. It is evident that as the incidence of all forms of injustices against children rise, the more difficult it is, and will continue to be, to effectively ameliorate their situation if there are no supporting legislative and administrative structures in place.
5. Children are said to be at the forefront of many programmes organized by Government and non-governmental organizations. In spite of this, however, there is no national plan of action ensuring the well-being of Grenadian children. Children's issues do not seem to command the prominence that they ought to on either the legislative or the administrative level. In many instances, policies regarding children are either vague, not known, or non-existent.
6. It appears that long-term planning, with set goals and objectives, does not obtain in certain areas but rather, plans are made and implemented to address particular situations as they arise.
7. During the preparation of this report, on 20 June 1995, general elections were held in Grenada. There was a subsequent change in the government of the country. In many government departments where policies do exist, these policies still obtain, pending review by the present administration.
8. One area that has received attention by the present Government, however, is the Family Court. The Act to provide for the establishment of a Family Court was suspended via the Family Court [Suspension] Act No. 23 of 1995. Following this, a cabinet-appointed Family Life Issues Committee came into effect. The Committee, comprising several government officials and members of non-governmental organizations, has been mandated to:
(a) Review the Family Court Act 1994;
(b) Determine its relevance to protecting and strengthening family life;
(c) Review all aspects of family life in Grenada with a view to protecting and strengthening family life.
9. Upon meeting, two sub-committees were appointed. They were the Counselling and Rehabilitation Committee and the Legal Issues Committee. They were appointed to hold discussions and to report on all matters relating to counselling and rehabilitation and proposals for amending relevant laws which impact on the family, respectively.
10. On 2 February 1990, Grenada became a signatory to the Convention on the Rights of the Child. Ratification occurred on 5 November 1990.
11. This report investigates existing local legislation and administrative structures to determine whether or not they are in compliance with the articles of the Convention and describes, inter alia,
(a) The progress achieved in implementing the requirements of the articles;
(b) Difficulties encountered in their implementation;
(c) Areas of planned action.
12. The report has been prepared and published by the Department of Women's Affairs.
13. In 1991, the implementation of the Status of the Child Act No. 39 of 1991 addressed the issue of removing former discriminatory regulations regarding the child who, if born out of wedlock, was previously considered illegitimate under the law and had no legal rights. Under the said Act, section 3 (1), the status, rights, privileges and obligations of a child born out of wedlock are identical in all respects with those of a child born in wedlock. In this jurisdiction, therefore, all children are of equal status.
14. The Principal Act providing for the recovery of maintenance (chap. 180) was amended in 1991 by way of the Maintenance (Amendment) Act No. 54 of 1991, to make better provision for children. In section 5 of the Act, the amount of money that can be required to be paid in a maintenance order was increased from EC$ 7.00 per week to EC$ 15.00 per week. References to 14 years in various sections of the Principal Act were replaced with 16 years. Additionally, a new section 12A was added making provision for the child who attends an educational institution until the age of 18.
15. With the increasing number of persons, especially youth, being affected by the abuse of drugs, the Drug Abuse (Prevention and Control) Act No. 7 of 1992 was enacted to replace the Misuse of Drugs Act 1981. The new Act includes new offences with regard to drug-trafficking and purposes connected with such, as well as provisions for greater punitive measures for perpetrators of such offences.
16. In an effort to make existing legislation better able to deal with the sharp increase in the number of cases of sexual abuse that involve incest, the Criminal Code was amended in 1993 via the Criminal Code (Amendment) Act No. 16 of 1993 to include sections 187A-C. These new sections adequately protect children from sexual abuse involving incest.
17. In June 1994, in an effort to make better provisions with regard to adoption procedures for children in Grenada, the Adoption (Amendment) Act No. 17 of 1994 was passed. Sections of the Principal Act were amended to include the establishment of the Grenada Adoption Board, the replacement of the word "infant" with "child", and the definition of child as a person under 18 years of age. Provision is also made for intercountry adoption.
18. In 1995, a draft Act to govern the Care and Protection of Children at Risk was prepared for presentation to Parliament.
19. In November 1995 cabinet appointed a Family Life Issues Committee made up of several government ministers and members of non-governmental agencies to review the Family Court Act 1994 to determine its relevance to protecting and strengthening family life in Grenada (see paras. 8-9 above).
20. Established in February 1993, the National Coalition has the unique quality of being comprised of approximately 14 representatives from both Government and non-governmental organizations representing a wide cross-section of the community who believe in, and are dedicated to children's issues. The National Coalition acts as the vehicle for:
(a) Educating the public on the Convention;
(b) Promoting the rights of the child as envisaged by the articles of the Convention;
(c) Investigating and highlighting the deficiencies within the legal and administrative structures, with a view to lobbying for necessary amendments.
21. To date, the National Coalition has been instrumental in a number of areas. These include:
(a) The establishment of the Grenada Adoption Board in November 1994;
(b) The preparation of the draft Act to Govern the Care and Protection of Children at Risk;
(c) The establishment of the Programme for Adolescent Mothers (PAM) which offers educational programmes, skills-training and day-care services to young pregnant teens and teen mothers who are no longer in the regular school system due to pregnancy.
Additionally, the National Coalition is perhaps one of the most important non-governmental organizations having representation on the Family Life Issues Committee.
22. Various government departments and non-governmental organizations are involved in the formulation of children's policies and programmes that reflect some requirements of the Convention.
23. The Department of Social Security is the principal government department providing services that promote the stability of the family, as well as probationary and rehabilitative services for juveniles. The Department has also been established as the official headquarters for the Grenada Adoption Board.
24. In 1990, under the auspices of the World Food Programme, the Government of Grenada through the Ministry of Education, initiated a school-feeding programme throughout the nation's pre-primary and primary schools, a textbook scheme, as well as programmes to upgrade some of the country's pre-schools. Under the school-feeding programme, children contribute a minimal fee to their school to ensure a hot nutritious daily meal. The textbook programme is designed to assist needy children to obtain the necessary tools to enhance their educational opportunities.
25. The National Coalition on the Rights of the Child is the body whose main concern is the Convention on the Rights of the Child and the efficient and effective implementation of its measures. In its attempts to widen its scope of activities, the National Coalition Plans to:
(a) Begin a chapter of the National Coalition outside the town of St. George;
(b) Establish community outreach programmes so that all parishes can be individually targeted. These programmes would use personnel from various organizations represented on the Coalition to go out into the communities to initiate dialogue at the grass-roots level;
(c) Recruit young people to become actively involved in promoting the articles of the Convention;
(d) Continue its extensive use of the print and electronic media to disseminate information regarding the plight of children and the articles of the Convention, which offer them hope and protection.
26. Since the establishment of the National Coalition in 1993, several workshops/seminars have been convened by the Coalition to sensitize non-governmental organizations, government departments and persons directly and indirectly involved with children to the Convention and its articles, as well as to formulate strategies to expedite the implementation process.
27. As part of its advocacy role the National Coalition has over the years succeeded in a number of activities. These include:
(a) Assisting in the development and production of a video, entitled "Olivia's Plight". The main theme of the film was the incestuous relationship between a father and his daughter. "Olivia's Plight" was broadcast on national television as well as on the local cable network. Today this movie is used as an educational tool in group discussions organized by the National Coalition;
(b) Printing posters and flyers focusing on various articles of the Convention. This material has been presented in simple language to facilitate easy comprehension, and has been widely distributed;
(c) Using the mass media. Several television and radio talk shows have provided forums for Coalition members to discuss the Convention in an attempt to educate the public, as well as to heighten the nation's awareness of the increasing problems that children experience.
28. The following recommendations are made with respect to this sector:
(a) Efforts by organizations to lobby for law reform vis-à-vis children must be strengthened;
(b) Strategies planned for increasing public awareness of the Coalition on the Rights of the Child must be implemented;
(c) There is flagrant disregard at the legislative and administrative levels for persons with disabilities. Therefore, there is an urgent need for:
(i) Legislative reform regarding persons with disabilities in areas such as education, health, construction of public facilities, etc.;
(ii) Formulation and implementation of policies and specialized programmes in all sectors that would recognize the disabled and enhance their lives. (The Ministry of Education is the only ministry to include the disabled in their written policy document.);
(iii) Mechanisms for consistent monitoring and evaluation of programmes;
(iv) Raising the level of public awareness of the needs and capabilities of persons with disabilities.
Age of attainment of majority
29. There is no legislation that revokes the common law age of attainment of majority of 21 years. In cases such as marriage and the making of a will, parental consent is required if the person in question is below the age of 21 years.
30. According to the Interpretation and General Provisions Act, chapter 153, section 3 (i), "child" means an individual under the age of 14 years. This exact definition can be found in the Employment of Women, Young Persons and Children Act, chapter 90. This, however, does not preclude Parliament from passing legislation which defines "child" as a person under the age of 18 for specific purposes such as the Adoption (Amendment) Act No. 17 of 1994.
End of compulsory education
31. Under the Education (Compulsory at Primary Schools) Act, chapter 85, the compulsory school age in Grenada is between from 6 to 14 years. Parents are also bound by this Act to ensure their child's regular attendance at school. If parents fail to do this, they are liable to a fine of EC$ 15 on the first offence and EC$ 25 for any subsequent offence.
Part-time employment, full-time employment and hazardous employment
32. section 8 (8) of the Employment of Women, Young Persons and Children Act, chapter 90, prohibits the employment of children below the age of 14 in any undertaking or work whatsoever, whether industrial or otherwise, during school hours, or for more than two hours on any given school day. There is an exception, however, with regard to the employment of children under 14 in industrial undertakings in which only family members are employed.
33. In section 3 (3) of this Act, provisions are made for young persons (14-and 15- year-olds) employed in industrial undertaking or on board a ship. Regulations in this section stipulate that a register of the young person employed, as well as the dates of their birth and the dates on which they enter and leave the service of their employer, must be kept and be available for inspection at all times.
34. Further, section 8 (2) empowers the Minister for Labour to make regulations regarding the employment of children and any such regulations distinguishing between children of different ages and sex and between different localities, trades, occupations and circumstances.
Sexual consent
35. In this jurisdiction, sexual intercourse with persons under the age of 16 is a criminal offence.
Enlistment into the armed forces
36. According to the Police Act 1966, section 16 (1), no one shall be appointed to the service as an inspector, subordinate officer or constable unless he has attained the age of 19 and is under 35 years of age.
Voluntarily giving testimony
37. Section 207 of the Criminal Code, chapter 76, addresses this issue. According to this section, the court can accept evidence from a child, depending on the child's intelligence and his/her understanding the duty to speak the truth. This evidence may be received, but not upon oath.
38. A child can also be allowed to give testimony in cases relating to applications for custody in which the judge interviews the petitioner and the child in order to determine what order should be made.
Criminal liability
39. A child is presumed unable to infringe the penal law below the age 7 years (section 50 (1), chapter 76, Criminal Code). Further, subsection (2) gives rise to a range of ages between 7 and 12 within which a child may or may not be considered to have the capacity to infringe the law.
Imprisonment
40. According to the Criminal Code, chapter 76, section 74, a juvenile is any person between the ages of 7 and 16 years. Section 78 (1) (b) of the said Code provides for the court to prescribe whipping in place of prison for the juvenile offender convicted of an offence. If sent to prison, the Prisons Act 1980, section 31, stipulates that no young prisoner may be detained (so far as possible) in the same part of any prison as any adult prisoner.
Consumption of alcohol
41. By virtue of the stipulations in section 39, chapter 174, of the Liquor Dealer's Licences Act, it is against the law for a liquor dealer to sell, deliver, or supply, or knowingly permit to be sold, delivered or supplied, liquor to any person under the age of 16 years. The exception to this rule allows liquor to be sold, delivered or supplied to persons under the age of 16 if the liquor is in corked or sealed vessels and is to be consumed off the premises.
Difficulties
42. Within the context of certain laws in this jurisdiction, the definition of a child varies greatly. As seen, a "child":
(a) Can be below the age of 14 years;
(b) Can be below the age of 18 years; or
(c) Deemed not to have the legal capacity to make certain decisions without parental consent if below the age of 21 years.
As a result of the great disparity between the various legal definitions of a child, as well as the various legal minimum ages stipulated by certain laws, persons can be misled as to the overall interpretation of who is a child in the Grenadian context, in the absence of an overall definition.
43. Penalties incurred by parents who fail to ensure their child's regular attendance at schools are not enforced.
44. Section 50 (2) of the Criminal Code gives rise to a zone between the ages of 7 and 12 within which a child may or may not be considered to have the capacity to infringe the law. This capacity is determined by the court.
45. There is no institution that specifically caters for housing convicted juveniles or those on remand. Additionally, there is not enough space at the single prison facility for separating juveniles from adult prisoners.
46. Provisions regarding the sale, supply or delivery of alcohol to young persons do not adequately ensure that persons below the age of 16 years cannot buy or consume alcohol.
Non-discrimination (article 2)
47. Section 14 of the Grenada Constitution rejects discrimination and protects every person from discriminatory practices that are based on race, origin, political opinion, colour, creed or sex. Former discriminatory regulations regarding the child born out of wedlock were abolished via the Status of The Child Act. In this jurisdiction, therefore, the Constitution, as well as the Status of the Child Act of 1991, protect a child from discrimination.
Best interests of the child (article 3)
48. At present there is no legislation in force that embodies the principles in this article. However, it is understood by those responsible for child-care services that the best interests of the child are paramount, but there are no legal structures in place either to support or ensure that at all times the best interests of the child are indeed considered as priority.
49. Despite the present absence of such legislation, the proposed Act to Govern the Care and protection of Children in Grenada promotes the welfare and best interests of the child as the primary consideration, with sections 2 and 3 of the proposed said Act seeking to place the responsibility for caring for orphans, abandoned children and children whose parents are deemed unfit with the State.
The rights to life, survival and development (article 6)
50. In this jurisdiction, the Criminal Code, chapter 76, sections 238-240, protect the right to life from conception onwards. Section 238 specifically addresses the issue of abortion and the procurement of a miscarriage. A woman found guilty of either act can be imprisoned for a period of 10 years while sections 239-240 provide protection for the newly born child.
Respect for the views of the child (article 12)
51. Provisions are made in section 8 (1) (b) of the Adoption Act, chapter 3, for the best interests of the child to be taken into consideration before an adoption order is made by the court. However, certain conditions govern this practice. They are: (a) the age of the child; (b) the child's level of understanding.
52. The opportunity for the child to express his/her views and have them heard and respected also arises in situations regarding applications for custody of children. These regulations are found in the Matrimonial causes Act 1973 (U.K.) which governs matrimonial causes in Grenada. Although the child's right to express an opinion is not specifically provided for in this Act, on most occasions the judge at his discretion interviews the petitioner and the child before making his decision.
53. The following recommendations are made with respect to this sector:
(a) The enactment of a Minors Act in this jurisdiction would allow for more consistencies within the law regarding, inter alia:
(i) An overall definition of a "child";
(ii) The age of attainment of majority;
(iii) Omissions within the law, especially regarding ownership of property by minors;
(iv) Statements to ensure that the best interests of the child are paramount;
(v) The care and protection of minors and young people;
(b) It is submitted that the Barbados Minors Act, chapter 215 of the Laws of Barbados, could perhaps provide the basis for the enactment of similar legislation after relevant adjustments to make such laws appropriate for this jurisdiction have been made;
(c) Compulsory education should end at the age of 16 years rather than at the age of 14;
(d) The minimum legal age below which a child could be employed should be increased to 16 from 14;
(e) The minimum legal age at which a child can be held fully responsible for his/her actions is too low and perhaps should be increased from 7 to 12. It is difficult to conceive that a child of age 7 should be held fully accountable for his/her actions at such a young age. All children between the ages of 7 and 12 should be the responsibility of parents. In this regard, laws pertaining to parental responsibility should be evaluated and enforced. Parents should be made liable for the actions of their young children;
(f) The laws regarding the sale of alcohol to persons under the age of 16 are inadequate and should be amended to include the presentation of some form of identification or proof of age.
Name and nationality (article 7)
54. The principles of this article are partially embodied in local legislation. The Registration of Births and Deaths Act, chapter 280, section 17, states that information of the particulars required to register the birth of any child born alive must be submitted to the relevant authorities within 48 hours of the child's birth by his/her parents. On failure to comply with these regulations by the parent(s), the duty of registration becomes the responsibility of persons who have knowledge of the child's birth. A period of up to two months from the date of birth is allowed for this alternative procedure.
55. The responsibility to register the birth of a child born out of wedlock is borne by the child's mother. Section 2 of the Registration of Births and Deaths (Amendment) Act No. 45 of 1991 stipulates conditions under which a father's name can be included on the certificate of registration of a child. Further, section 25 of the Act makes provision for a child to be given a name either at baptism or at the point of registration.
56. Enshrined in sections 94-100 of the Constitution are conditions that govern a person's right to acquire Grenadian nationality. Section 96 specifically states that nationality is denied to children born in the State to parents with diplomatic immunity or if either of the child's parents is a citizen of an enemy country.
Preservation of identity (article 8)
57. The Grenada Constitution Order 1973 makes provision for the preservation of a person's identity.
Freedom of expression
58. Section 10 of the Grenada Constitution guarantees a person's right to freedom of expression. This right is extended to children.
Access to appropriate information (article 17)
59. Local legislation does not embody the principles set out in this article. However, it is submitted that guidelines could provide the basis for the inclusion of such principles in a media policy document regarding the dissemination of quality information to children.
Freedom of thought, conscience and religion (article 14)
60. Section 9 (1) of the Grenada Constitution recognizes and respects the "child's right" in this regard.
Freedom of association and of peaceful assembly (article 15)
61. A person's right of enjoyment of his freedom of assembly and association is guaranteed by section 11 of the Constitution. Guidelines and restrictions regarding this freedom can, however, be imposed by a child's parent/guardian.
Protection of privacy (article 16)
62. Every person is protected by section 17 of the Constitution from search of his person or property, etc. The Libel and Slander Act, chapter 171, provides further protection for an individual from libellous attacks. The Criminal Code, chapter 76, sections 256-263, also make provisions regarding the protection of a person's privacy and the maintenance of one's honour and reputation.
The right not to be subjected to torture or other cruel inhuman or degrading treatment or punishment (article 37 (a))
63. Under section 5 (1) of the Constitution, no person shall be subjected to torture, to inhuman or degrading punishment or other treatment. The death sentence cannot be pronounced against a person convicted of murder if the offence was committed when that person was under the age of 18 years (section 34 of the Criminal Code).
64. The following difficulties have been encountered in this sector:
(a) Many parents fail to execute their parental responsibility to register the birth of their children. This often occurs in rural areas;
(b) A vast majority who do provide the required information for the registration of a child fail to give a name. In many instances, therefore, a child may remain nameless until baptism. After baptism, parents are required to provide the name of the child to the Registrar but many parents fail to do this;
(c) In cases where a child's name was not provided at registration or where infantile baptisms are not allowed by the religion of the parents, the child remains nameless on the records until the parents provide this information to the Registrar;
(d) As a result of a name not being registered at birth or after baptism, by the parents, persons are confronted with problems, as well as expensive legal procedures, as adults in situations where baptismal certificates have been lost or misplaced or church records have been damaged or destroyed.
65. To address the difficulties created by delinquent parents who fail to register the birth of their child, nurses at all district clinics are required to submit, at the end of every month, records of the births of all children born at clinics to the Registrar. This measure still does not ensure that children born at home are reflected in the records or are given a name at birth.
66. The following recommendations are made with respect to this sector:
(a) Local legislation, as provided for by article 7 of the Convention, should stipulate that a child has a right to be given a name at birth and that this name should be submitted upon registration. Such measures would ameliorate the present situation of children remaining nameless on official records for years, or not being registered at all, as well as alleviate costly legal procedures incurred as adults;
(b) A media policy should be established by Government, to including enforceable provisions regarding the quality of information and is accessible to children.
Parental guidance (article 5)
67. There is no legislation that specifically reflects the principles of this Article.
Parental responsibilities (article 18, paras. 1-2)
68. At present there are no laws that adequately address the issue of parental guidance as embodied in this article. However, the proposed Act to Govern the Care and Protection of Children at Risk does reflect these principles.
Separation from parents (article 9)
69. In the proposed Act for the Care and Protection of Children at Risk provisions are made for the separation of the child from parents only when this would be in the best interests of the child. In section 29 of the proposed Act, provisions are made for the placement of the child in residential homes while section 42 provides visitation rights for parents/guardians/relatives of the child. Included in sections 4-6 of the draft Act is the parents' right to object to a resolution vesting their parental rights and duties in the Government.
Family reunification (article 10)
70. A person's right to freedom of movement in and out of Grenada is guaranteed by the Constitution of Grenada, section 12 (1). However, restrictions can be imposed under specific conditions as stipulated by immigration legislation.
71. Children leaving the State for the purpose of family reunification or otherwise enjoy the right of free movement and are charged a departure tax that is 50 per cent of the adult rate if they are between the ages of 5 and 12. Beyond the age of 12, the adult rate applies.
72. Entry into the State for similar purposes does not usually present problems.
Recovery of maintenance for the child (article 27, paragraph 4)
73. The Maintenance (Amendment) Act No. 54 of 1991 makes provision for the child under 16 to be reasonably provided for by his/her parents or legal guardian, while on the other hand parents or guardians are bound by duty to provide the same for children over the age of 16 if they are, by virtue of physical or mental disability, unable to maintain themselves.
74. Further, in the said Act a new section 12A was added to the Principal Act to allow a maintenance order to remain in force until the child attains the age of 18 if he/she is still attending an educational institution.
75. The father/mother/legal guardian/the chief of police or others charged with the relief of destitute persons may apply to the court for a maintenance order on the child's behalf.
76. At present the minimum amount of money that can be required to be paid by a maintenance order for a child is EC$ 15.00 per week. All payments due under the Act are paid to the court if there has been no appointment of a court officer by the Governor General to be a collecting officer to perform this duty.
77. A person against whom a maintenance order has been made is guilty of an offence and is liable to imprisonment for three months if the court is satisfied that the person in question, being capable of providing reasonable maintenance, wilfully neglects or refuses to do so, or misapplies any money paid for the child's support.
Children deprived of a family environment (article 20)
78. The Adoption Act, chapter 3, makes provision by way of adoption for the care of the child deprived of a family environment. The proposed Act to govern the Care and Protection of Children at Risk seeks to place a duty on the Government to assume the responsibilities of taking care of children in such situations, by placing them in suitable residential or child-care institutions.
79. The work of the National Children's Home (NCH) Action for Children, a non-governmental organization, focuses on children with special needs, juveniles and needy children. Emphasis is placed on providing programmes and services that promote family life and family unity even under difficult circumstances.
80. Separating a child from its natural parents to be placed in the organization's foster care programme is a last resort, only considered when this alternative is deemed to be in the best interests of the child. Since beginning its operations 10 years ago, 51 children have been placed through the organization's foster care programme. Fifteen of these children have been reunited with their natural families while four have been adopted. The following table illustrates the age distribution of children placed into foster care by NCH Action for Children over the period 1985-1995.
Adoption (article 21)
81. The Adoption (Amendment) Act No. 17 of 1994 makes better provision for procedures regarding adoption. The Grenada Adoption Board, with headquarters in the Department of Social Security, was established in November 1994. It is the agency responsible for reviewing all applications for adoptions in Grenada. On reviewing an application, the Board decides whether to consent to an adoption order being made. This is authorized by virtue of section 5A (5) (iv) of the Adoption (Amendment) Act, 1994.
82. The best interests of the child are ensured by the provisions of this Act. As a result, several conditions directly affecting the child govern adoption procedures. Among these are:
(a) The child must be in the care and possession of the applicant for at least three months;
(b) Requirements vis-à-vis informed consent.
83. The court may, however, dispense with the need for consent in instances when the parent/guardian:
(a) Neglected to or continuously mistreated the child;
(b) Failed to take care of the child in keeping with his/her obligations;
(c) Failed to show an interest in the child;
(d) Consistently neglected to contribute to the child's maintenance;
(e) Cannot be found.
84. In the absence of legislation governing inter-country adoption, it is submitted that prior to the establishment of the Adoption Board in 1994 and amendments to the Adoption Act, the manner in which many adoptions were handled did not reflect all the requirements envisaged in article 21.
85. The Adoption (Amendment) Act 1994, section 5A (5) (iii) now makes provision for inter-country adoption. This alternative, however, must only be considered after all attempts to adopt by Grenadian applicants or persons who live in Grenada have failed and very sound arrangements have been made. Additional provisions are made by the Act to ensure that the child's well-being is monitored after he/she has been adopted (sect. 5A (9)).
86. Statistics regarding adoptions in Grenada show that more girls than boys are adopted. Over the period 1990 to 1995, girls represented 70 per cent of all adoptees and boys 30 per cent (see table 1);
87. The majority of adoptive parents are persons living outside of Grenada. Of notable interest is the fact that although many adoptive parents have listed foreign addresses, they are themselves native Grenadians living overseas. In any instances, the adoptees are left in Grenada in the care of relatives of their adoptive parents. Subsequently, these adoptees may be taken to live abroad with their adoptive parents.
Illicit transfer and non-return (article 11)
88. The Criminal Code makes adequate provision for the circumstances expressed in article 11 (i). Section 188 of the Criminal Code stipulates a 10-year period of imprisonment for anyone who kidnaps another person. Section 202 (a) states that a person is guilty of kidnapping if he unlawfully imprisons any person, and takes him/her out of the country without his/her consent. Under Section 189, regulations stipulate that if any persons under the age of 12, whether with or without consent, is stolen, the person committing the act of stealing shall be liable to imprisonment for 10 years.
Abuse and neglect (article 19), including physical and psychological recovery
89. In this jurisdiction, the Criminal Code, chapter 76, provides protection for persons from various forms of violence. Sections 182-187 and 191-194 provide protection for the child from specific kinds of abuse, sexual abuse and exploitation. Sections 191, 220 and section 228 (2) address issues such as neglect and abandonment of the young child. These provisions, however, are deemed wholly inadequate bearing in mind the principles of article 19 of the Convention.
90. The Department of Social Security, as well as other government and non-governmental agencies, provide, despite severe limitations, a number of services for abused and neglected children. At present, there is one Government-assisted institution that houses neglected abused and abandoned children.
Periodic review of placement (article 25)
91. There is no established policy for institutionalized children in Grenada. As a result, a standard and organized system of evaluation that requires periodic reviews of the treatment of a child by the State for reasons of the child's overall care and well-being does not exist at the national level. Despite this, however, a number of non-governmental agencies on whose agenda children are a priority periodically investigate problems that arise and which directly relate to the treatment the child receives or matters relating to his or her placement. Further, the draft Act to Govern the Care and Protection of Children at Risk proposes adequate provisions reflecting the requirements of article 25 of the Convention.
92. The following difficulties have been encountered in this sector:
(a) There are no official/legal structures in place that can facilitate continuous data collection on child abuse, children placed in institutional care and homeless children;
(b) There is a lack of financial resources as well as trained resource personnel to adequately meet the basic and emotional needs of abused, neglected and abandoned children;
(c) There are no clearly defined policies and regulations regarding the criteria for admission of children to some institutions as well as their exit from the same. Some children enter as infants and never leave. In some other institutions where efforts to place a child into foster care or adoption have failed, the child has to leave the institution when he/she has attained a certain age. This is due mainly to the inadequate size of the buildings to house larger groups of children;
(d) There is a lack of specialized programmes specifically tailored to the age of the child and the type of problems experienced;
(e) Existing programmes at some institutions do not adequately prepare the young child for re-entry into society upon leaving the institution, nor do they prepare many for entry into alternative family environments, e.g. foster care or adoption;
(f) Insufficient public awareness programmes dealing with common child-related issues result in a low level of acceptance and support for programmes by the general public;
(g) There is a preference for adopting and fostering more girls than boys;
(h) Official mechanisms for evaluation of present programmes are virtually non-existent; rather, situations are dealt with as they arise on a case-by-case basis;
(i) Constraints related to the physical condition, the location and the setting of the main governmental department responsible for providing children's services, as well as of some institutions that house children, make it difficult to provide effective services for children or to create the kind of environment necessary for abused, neglected and abandoned children or children with disabilities;
(j) Archaic laws do not adequately protect children in the society of today;
(k) There is a lack of coordination between government departments with regard to standard data collection procedures and follow-up procedures.
93. Some government departments, as well as a number of non-governmental organizations, are dedicated to children's issues and are providing services to children who have been subjected to abuse and neglect and who require alternative care and assistance for their psychological recovery. Among these groups are the National Coalition on the Rights of the Child, the Legal Aid and Counselling Clinic, the Department of Social Security and the local chapter of NCH Action for Children. They will, in their continued efforts to ease the plight of such children, continue to:
(a) Organize and conduct workshops, seminars and community sessions to discuss issues that affect children;
(b) Produce public awareness programmes for the print and electronic media that highlight problems that children encounter as well as educate and promote children's rights;
(c) Sensitize the public to the importance of lobbying for the creation and implementation of legal structures that ensure the well-being of children in general, and especially those at risk;
(d) Create more community-based projects and provide counselling for children as well as parents faced with difficult circumstances;
(e) Encourage the reintegration of children into their natural family environment, using foster care as the last option after determining that this alternative is in the best interests of the child;
(f) Address the need for continuous recruitment of foster parents, as well as provide the necessary training and support systems for persons interested in becoming a foster parent.
94. The following recommendations are made with respect to this sector:
(a) An official, organized system for continuous data collection on child abuse, children placed in institutional care, foster care, etc. must be implemented and maintained;
(b) All child-care institutions should have clearly written policies that state their mission and include regulations that govern the operations of their institution;
(c) Structures must be erected to facilitate regular evaluation of existing institutions and programmes for children;
(d) Public awareness programmes that focus on issues affecting children should be increased in an attempt to:
(i) instil in people the need for aggressive action to protect and enhance children's lives, especially with regard to law reform;
(ii) increase the level of acceptance and participation of the general public in programmes that target children;
(e) Centres should be established for children of certain age groups where specialized programmes appropriate to the specific needs and age of the child/victim are offered;
(f) Programmes that focus on counselling for parents, as well as care centres for offenders, could be given priority;
(g) Government departments directly involved with providing services for children must be made aware of the importance of proper documentation as well as of cooperation and coordination with each other in order to facilitate an easily accessible and efficient data bank.
95. Grenada is a member of the World Health Organization and endorses its general definition that health is not merely the absence of disease or infirmity, but a satisfactory state of physical, mental and social well-being. The Government has also adopted the principle of "health for all by the year 2000". In 1990, Grenada demonstrated its commitment to improving the health situation of children and women in the country, when it became a signatory to the World Declaration for the Survival, Protection and Development of Children.
96. Among the objectives of the Ministry of Health is the promotion and maintenance of the health of the individual and family in society, as a basic human rights and an element of social justice. The Ministry of Health is responsible for Grenada's public health system. This system is committed to providing primary health care for all residents with programmes and facilities designed to provide these services within close proximity to everyone.
Survival and development (article 6)
97. In this jurisdiction, the regulations of this article are enshrined in the Constitution. After having become a signatory to the World Declaration for the Survival, Protection and Development of Children in 1990, the Ministry of Health proposed a number of national goals, within the framework of the international goals for children and women set out in the Declaration.
Disabled children (article 23)
98. The right of handicapped children to special care, education and training is not given legislative force in Grenada.
99. In the 1970s the Ministry of Health began an Early Intervention Programme for children with disabilities which achieved some measure of success in its infancy stage. Four years ago, funding for this programme ended. This had an immediate effect on the quality and the effectiveness of the programme. Today, the programme still exists but, due to severe financial constraints, operates far below the desired standard. Assisting the Ministry of Health with this programme is a United States-based non-governmental organization, Children Health Organization Research and Educational Services (CHORS). Trained health personnel from CHORS visit Grenada twice per year.
Health and health services (article 24)
100. The public health care system consists of 6 health centres, 3 maternity units and 30 medical visiting stations. These medical stations are within walking distance of every home and are, as a result, easily accessible. A trained nurse/midwife is available at all visiting stations.
101. The general hospital is the main referral hospital. In addition to this facility, there are two district hospitals and a mental hospital.
102. The following programmes of the Ministry of Health affect children:
(a) Family Planning Education Programmes in the districts emphasize birth planning and spacing so that the individual child receives optimum care;
(b) Maternal and Child Health services include:
(i) Antenatal care;
(ii) Delivery and post-natal care;
(iii) Care of the newborn infant;
(iv) Supervision of breastfeeding;
(v) Guidance in responsible parenting;
(c) Immunization programme focusing on immunizing children against six vaccine-preventable diseases: measles, pertussis, rubella, diphtheria, poliomyelitis and tetanus. The success of this programme can be attributed to two main factors:
(i) Aggressive public campaigns that highlight the importance of having children immunized against these diseases;
(ii) The legal requirement that a certificate of immunization against communicable diseases be submitted for admission to pre-primary, primary private and all-age schools in Grenada (Public Health (School Children Immunization) Act 1980, chap. 264);
(d) Routine paediatric clinics in all districts.
Teenage pregnancy
103. The percentage of live births to women under the age of 20 in 1993 was 17.9 per cent with 67.3 per cent of these births to girls 18 years and
under. The percentage of recorded live births to teenagers in 1994 stood at 17.8 per cent. Seventy-two per cent of these births were accounted for by females 18 years and under (see tables 2 and 3).
Infant mortality rate
104. The infant mortality rate has been fluctuating over the last five years. In 1990, it stood at 27.8 per 1,000 live births. Two years later, a significant decrease was recorded: 10.5. The present rate stands at 14.6 (1994).
of Finance.
Neonatal and post-neonatal mortality
105. The 1994 neonatal and post-neonatal mortality rates are 9.8 and 4.9 per 1,000 respectively.
Maternal mortality
106. Despite a low maternal mortality rate, records indicate that a majority of pregnant women make their first visit to an antenatal clinic after their sixteenth week of gestation. Recommendations of both the World Health Organization (WHO) and the Grenada Maternal and Child Health Manual are that all pregnant women receive antenatal services by the twelfth week of gestation.
107. The most recent report available on antenatal first visits reveal that in 1993, community health clinics provided antenatal services to 1,863 pregnant women or 81.7 per cent of the 2,280 deliveries reported to the Ministry of Health in that year. Of this figure, 6.8 per cent of first visits for these services occurred at or before week 12. Twenty-two per cent occurred before the sixteenth week, at which time it is too late to detect and avert preventable conditions that may affect labour and the outcome of the pregnancy.
108. The following table presents available statistics on the maternal mortality rate for the period 1989 to 1993.
Low birth weight
109. The following table shows the percentage of children born with low birth weight (< 2.5 kg):
110. Other health-related indicators are as follows:
Status of poliomyelitis: No cases since 1970
Elimination of neonatal tetanus: Already eliminated
Breastfeeding: 1993 - 35%; 1994 - 36%
Source: Grenada Food and Nutrition Council.
Access to safe drinking water:
Population served by house connection: 46.2%
Population served by public standpipe: 21.1%
Population served by pipes in their yard: 13.4%
Access to sanitary means of excreta disposal:
Link sewer: 2.9%
Septic tank: 33.4%
Pit latrine: 58.7%
Other: 1.1%
None: 3.9%
Source: 1991 Population and Housing Census, summary results.
Immunization coverage (%):
Number of deaths from measles over the period: Nil
Gastroenteritis:
AIDS
111. Since the first case of AIDS was recorded in 1984, there has been a steady increase. To date (November 1995), 121 HIV-positive cases have been recorded over 11 years. Sixty-one have developed full-blown AIDS. Fifty-three have since died. Of the total number of persons dying from AIDS four were children, one was male and three were female.
112. Because the number of cases of paediatric AIDS has been low over the last decade, no emphasis has been placed on erecting structures to address the incidence of AIDS in children. Children afflicted with the disease receive the same treatment and care that adult victims receive.
113. With regard to paediatric AIDS, pregnant women are not automatically screened to determine their HIV status. Bearing in mind the male-female ration (6:2) of persons with the disease, the number of children being born with the HIV virus will more than likely rise.
Social security and child-care services and facilities (articles 26 and 18, paragraph 3)
114. Local legislation does not provide for social security for children. Through a number of programmes of the Department of Social Security, however, a very small number of needy children receive financial assistance from the Department either on a monthly or a quarterly basis. Also, in collaboration with the Ministry of Education, needy children are assisted with school supplies as well as financial assistance for travel between home and school.
115. At present, 14 facilities offer child day-care services throughout Grenada. Four are State owned and operated, four are privately owned and three are Government assisted. Additionally, three are operated by the Grenada Save the Children Fund (GRENSAVE), a non-governmental organization.
116. The Department of Social Security is responsible for coordinating the operations of all State-owned day-care centres. It also provides training programmes for day-care workers on a national level, as well as a six-month in-service training programme for students in the Child Care Department at the New Life Organization (NEWLO).
117. In an effort to recruit staff, the Department also advises young persons interested in social work of areas of priority, and directs them to external educational institutions that offer programmes in the field of social work.
118. The following difficulties have been encountered in this sector:
(a) Problems experienced within administrative structures influence the overall operations of the Ministry of Health;
(b) There is a general lack of incentive to produce. As a result, set objectives are not adhered to by many health workers;
(c) The physical condition of the main secondary health-care facility is poor;
(d) Data collection practices regarding health statistics are below the required standard. As a result, data is sometimes inconsistent and unreliable;
(e) Pregnant women are reluctant to visit antenatal clinics by week 12 of their pregnancy and to make full use of district maternity clinics;
(f) The Ministry of Health has not produced an annual health report for the last decade, and as a result there is no single source of reliable collated data that investigates, analyses and assesses all areas within the health sector;
(g) Persons at the community level misunderstand the term primary health care, resulting in less involvement in primary health-care programmes;
(h) Garbage disposal and collection are major problems. Harmful traditional practices vis-à-vis garbage disposal prevail and impact negatively on the environment. In addition, there are insufficient resources at the national level to implement an effective system of garbage collection;
(i) Limited human and financial resources within the Department of Social Security have precluded the success of many departmental programmes.
119. The following actions are planned:
(a) One of the main priorities of the Ministry of Health is to discuss whether or not the main referral hospital will be renovated or relocated;
(b) The establishment of an easily accessible and reliable data bank in the Ministry of Health;
(c) Improving the delivery of services of primary health-care teams and intensifying community outreach programmes in order to heighten community awareness of preventive measures;
(d) The production of public education programmes for the electronic and print media highlighting the detrimental effects of harmful practices such as improper solid waste disposal on the environment;
(e) In an attempt to provide improved treatment and care to the increasing numbers of asthma patients, the majority of whom are children, the Ministry of Health plans to solicit international financial assistance to obtain modern equipment for the general hospital;
(f) Upgrading of MCH services by:
(i) The launch of a multilevel, multimedia campaign to sensitize pregnant women to the importance of visiting clinics for antenatal services during the first trimester of their pregnancy, maintaining a healthy lifestyle and adequate nutrition during pregnancy, follow-up postnatal care and the advantages of breastfeeding;
(ii) Strengthening the management of the child immunization programme;
(g) The Department of Social Security plans to conduct a survey to assess the operations of the Department, to investigate the status of families receiving assistance over the years as well as to review programme proposals awaiting approval.
120. The following recommendations are made with respect to this sector:
(a) Priority must be given to the following:
(i) Formulating a policy document that states the Ministry of Health's mission, objectives and strategies for implementing programmes;
(ii) Solving existing problems within administrative structures and various departments of the Ministry of Health. This would facilitate adherence to health objectives, implementation of programmes, as well as increased motivation of all health workers to produce;
(b) There is an urgent need to formulate policies and implement specially designed programmes that:
(i) Address the health needs of children with disabilities;
(ii) Ensure regular monitoring of such programmes so that objectives are achieved and programmes are maintained and can be further upgraded;
(c) Mechanisms to improve data collection and storage procedures must be implemented in the health sector without delay;
(d) From available figures for teenage pregnancy in 1993 and 1994, live births to teens under 16 years accounted for 8 per cent and 12 per cent of births, respectively. Bearing in mind the legal age of sexual consent (16 years), an investigation should be launched to ascertain why the males fathering these babies (who, reports indicate, are usually persons of full age) have not been prosecuted for unlawful carnal knowledge of these minors;
(e) The plans of the Division of Social Welfare to evaluate its role in society and the success of existing programmes, as well as to review programme proposals aimed at enhancing the Division's operations and the services offered, are endorsed.
121. The Minister of Education has been mandated to provide educational opportunities for all Grenadian citizens which will enable them to acquire the necessary competence to function effectively in the society. In addition to this mandate the Minister of Education, under the Education Act 1976, is empowered to control and direct all primary, secondary and further education that is wholly maintained from government funds. The responsibility of making regulations and policies for the efficient and proper administration of education also lies within the Minister's portfolio. It is through the Ministry of Education that the Minister is able to execute these duties.
122. In 1994, out of the national budget of EC$ 254,529,537, EC$ 31,981,146 were approved for the Ministry of Education. This represents 12.5 per cent of the National budget and ranked fourth in budgets allocated to ministries.
123. The Ministry is divided into four main areas: Administration, Schools, Curriculum, and Policy and Planning. The National Museum, the National Drug Avoidance Secretariat and the T.A. Marryshow Community College also come under the senior administrative staff. Each division carries out a specific task, all geared towards realizing the country's educational goals.
124. Under the Education (Compulsory at Primary Schools) Act, chapter 85, primary education is compulsory between the ages of 6 and 14 years of age.
125. The Education Act, chapter 84, section 9 (1), stipulates that pupils be admitted to all government schools, assisted primary and all age schools free of charge.
126. Every year since 1985, the Ministry of Education has designated October as Child Month. A Child Month Committee made up of members of various groups and government departments which focuses on children or child-related issues is responsible for coordinating activities. The main theme over the years has been "Love the Child". Within this context, a subtheme is developed each year and this provides the guidelines for the month's activities. All schools are invited to be a part of these celebrations. However, greatest participation comes from day-care centres, pre-primary and primary schools. The month's activities culminate with a parade of schools through the streets with placards denouncing child abuse and other injustices against children. In 1995, the subtheme was "Fathering and Health Care". The mass media were heavily involved in the month of celebrations.
Pre-primary education
127. The Pre-Primary Education System targets 3- to 5-year-olds. Emphasis at this level is placed on physical, social and emotional needs of the child as well as the development of communication kills and concept formation. Among the main objectives of the Ministry of Education's pre-school education programme are:
(a) Making pre-school education available to all children in the 3-5 age group;
(b) Educating parents and the community on the needs of the young child and the importance of proper training during the formative years.
128. The proper administration of these schools and the pre-primary departments of primary schools is monitored and evaluated by a seven-member staff of the Early Childhood Unit of the Ministry of Education.
129. In addition to the 57 infant departments of the primary schools, there are approximately 75 government pre-school units and approximately 14 registered private pre-schools. Enrolment for the academic year 1993/94 at the pre-primary level was 3,548 students, 1,818 males and 1,730 females.
Primary education
130. Education at the primary level marks the beginning of formal education which continues at the secondary school level. The six-year primary level education programme focuses on:
(a) The development of knowledge, literacy;
(b) The inculcation of appropriate attitudes, values and behaviour.
As a result, in addition to the traditional academic subjects, there are others including art, music, drama, agricultural science and physical education.
131. There are 16 government and 41 government-assisted primary schools that cater for the educational needs of students between the ages of 5 to 16-plus. Private schools number 16, some of them admitting pupils from 3 years of age. Students rarely attend these schools beyond the age of 13.
132. At the primary level, students between the ages of 10 and 13 become eligible for entry to the secondary level if they are successful at the Common Entrance Examination which is taken after having completed junior five. If unsuccessful at the Common Entrance, students are afforded another opportunity to become eligible for admission to a secondary institution by sitting the School Leaving Examination two years later.
133. This programmes is available at government primary schools. The enrolment figure for the 1993/94 academic year at government primary schools was 22,576 while at the private primary schools it was 1,826. These figures represent an increase of approximately 4-5 per cent over the period 1990 to 1994. The truancy rate, although not showing a significant decrease, is lower than that of previous years. The number of school drop-outs over the last academic year was 263.
134. As the school population rises, so too does the number of teachers. During the period 1990 to 1994 there was a 12 per cent increase in the number of teachers at the primary school level.
Secondary education
135. The five-year secondary education programme is geared towards providing students with a wide range of knowledge and skills. The balanced curriculum includes academic and skills-oriented subjects and socio-cultural and physical education.
136. In the fifth year of the secondary education programme, students sit the examination of the Caribbean Examination Council (CXC) or the Cambridge General Certificate of Education (GCE) in cases where subjects are not offered by CXC.
137. There are 19 secondary schools. Of this number 6 are government, 12 are denominational and 1 is private. The Ministry of Education appoints all teachers except those of the private school. Approximately 42 per cent of the students who sat the 1994 Common Entrance Examination gained entry to a secondary school. This represents a 1.6 per cent decrease in the number of students entering secondary school in 1993.
T.A. Marryshow Community College
138. Students in the 16-plus age group can attend this community college to pursue further studies. Available to them are courses in professional studies training, technical and skills training, the arts, sciences and general studies, and adult and continuing education. At this institution students pay registration fees for courses taken.
139. Students registered for the Further Education Programme can pursue the Cambridge A-Level Examination after two years. Other students sit departmental examinations.
Special education
140. Special education is provided through the collaborative efforts of governmental, non-governmental and voluntary organizations. One Government-assisted and three government schools cater to the needs of the island's physically and mentally disabled students. These schools are the School for the Deaf, which caters for students in the 3-19 year age group, the School for the Mentally Retarded (5-16 age group) and the St. Andrew's School for Special Education. The Resource Centre for the Blind also comes to the educational assistance of visually impaired children by coordinating efforts to obtain reading material from abroad, among other things.
141. In addition to the subjects taught at the "normal" primary school, courses specially designed for deaf, blind and mentally handicapped children are also included in the school's curriculum. Among these courses are auditory training, speech training and manual communication.
142. Emphasis is also placed on acquiring skills in woodworking, home economics and sports at some of these schools. The total number of teachers at the four schools is 19. Of the total, 11 have received specialized training for their field of work.
143. An itinerant teacher, trained at a regional institution, is supplied by the Ministry of Education to assist teachers of blind and visually impaired children who enter the normal school system.
Technical and vocational education
144. Many government primary schools facilitate technical and vocational programmes up to the School Leaving Examination level while some secondary schools offer similar programmes at the CXC level. In addition to these institutions, the Technical and Vocational Division of the T.A. Marryshow Community College offers a wide range of specialized technical and vocational programmes.
145. A recently established multipurpose skills Training Centre in the northern part of the island offers a wide range of vocational training programmes for the nation's youth.
146. Among the major objectives of the Technical and Vocational Programme are:
(a) To develop the skills of nationals, especially the youth in the 16-plus age group, in order to satisfy local industrial and commercial sectors;
(b) To expose students to the basic skills required by a variety of occupations.
147. Vocational/technical programmes of the government centres are financed by the Ministry of Education.
148. Over the last decade, a number of projects have been established in order to enhance the opportunities for young persons who have for various reasons left the education system without completing either the primary or secondary levels of education. The most recent programmes are the Programme for Adolescent Mothers (PAM) and the Good Hope Project for teenage mothers established in 1995.
149. Projects of non-governmental organizations include:
(a) New Life Organization (NEWLO);
(b) Tufton Hall Adventure Project (TAP);
(c) Grand Bacolet Rehabilitation Centre;
(d) Programme for Adolescent Mothers (PAM);
(e) Good Hope Project for Teenage Mothers.
150. Governmental projects include the Adult and Continuing Education Programme (ACE).
151. The programmes offered at these centres provide youths with informal education that offers them opportunities to develop their social skills, improve their basic education standards and acquire marketable skills. At the two centres that specifically cater for teenage mothers, emphasis is also placed on basic parenting skills and family life education. Also at these institutions are guidance and counselling officers/social welfare officers, whose role it is to help students who may need their services.
152. Until 1990, the Ministry of Education did not operate within a written education plan, but operated by responding to crisis situations as they arose. Recognizing the need for strategic planning vis-à-vis education, the Ministry of Education accepted an offer of assistance from the Caribbean Network for Education Innovation and Development (CARNEID) to formulate an education plan for Grenada and began to prepare a policy document in 1991. The final document was released in November of the following year.
153. With the main aim of developing the full potential of the individual to produce well-rounded, productive, creative and God-fearing citizens, a holistic approach was taken in the formulation of the education policy. Six main areas were carefully considered: access to education, curriculum, human resource development, management of the education system, partners in education and the legal aspects of education. Within the framework of the policy document are a number of major goals. They include:
(a) Promoting justice and equality (gender, social class, ability range, age, rural/urban);
(b) Fostering more mature humanitarian relations among nationals;
(c) Creating the ability to select and prepare for an occupation as well as to realistically pursue economic independence;
(d) Developing an individual's intellectual skills necessary for civic competence;
(e) Enhancing one's capacity for independent and critical thought;
(f) Developing appropriate values, attitudes and behaviour consistent with societal norms;
(g) Developing an appreciation for the local and regional cultural heritage as well as creating an awareness and understanding of other cultures.
154. The following difficulties have been encountered:
(a) Poverty experienced by some parents resulting in their inability to provide children with required texts, clothing, food, transport, etc.;
(b) Imbalance in allocation of budget funds within the Ministry of Education;
(c) Weak administrative structures;
(d) Insufficient school welfare services emphasizing career guidance and counselling;
(e) Inadequacy of curriculum to meet the needs of students and the country;
(f) Truancy as well as high failure rates in local and external examinations;
(g) Insufficient number of trained teachers especially at the secondary level.
155. The following actions are planned:
(a) Supporting free education up to the secondary level as well as expanding the school feeding, textbook, school uniform and transport programmes to ensure student participation in all existing educational opportunities whatever their socio-economic status;
(b) Demonstrating commitment to children who have special needs by providing facilities and programmes specially designed to enhance their development;
(c) Working closely with the Ministry of Health and the Department of Social Security to ensure proper student health as well as ensuring that students are protected against all forms of abuse;
(d) Vigorously pursuing the creation of a more suitable curriculum that is relevant to students' individual needs, abilities and interests as well as those of the society. With this in mind, skills-training programmes will be expanded while maintaining and increasing support and encouragement for private institutions;
(e) Creating media and community programmes aimed at enlisting the cooperation of parents, guardians, Government, non-governmental and other organizations to get all children of school age to attend school regularly and punctually;
(f) Increasing the initial level of training that teachers receive while emphasizing on-the-job training, research, workshops and short courses.
156. The Ministry of Sport, Culture, Youth Affairs and Community Development is a "new" ministry which was established after the recently held general elections. This ministry is responsible for formulating and coordinating sporting, cultural and developmental programmes aimed at enhancing the social and economic lives of people in communities, especially the youth.
157. Previously, the Department of Youth and Sport within the Ministry of Tourism and Social Development did not operate any programmes for youth development other than administering the Commonwealth Youth Programme. At present, the Ministry of Sport, Culture, Youth Affairs and Community Development still does not have a written policy, but plans are in train to formulate and implement policies and objectives for 1996. The main thrust of these plans is to broaden the base of existing programmes and activities of the Ministry, focusing more on the entire community rather than just on youths in the school system. Until new policies are formulated, the Ministry will continue to work in close collaboration with the Ministry of Education, the Department of Social Security, the Department of Women's Affairs, as well as community sporting and cultural clubs and groups, coordinating programmes that target the school population and youth in general.
158. One of the highlights of the cultural calendar of activities for 1995 in the Department of Culture is the staging of the National Arts Festival. This festival, held biennially, is open to the public, and provides a forum through which local talent can be identified. The greatest participation, however, comes from the nation's schools.
An additional source of educational and recreational opportunities
159. In 1986, the Grenada Planned Parenthood Association (GPPA) established the youth clinic, a multipurpose centre for the nation's youth. In 1994, the programme was expanded to become the New Youth Centre. The main objective of this centre is to improve the quality of life for young Grenadians and to lower teen pregnancy rates. In addition to emphasizing the sexual health needs of youth, the New Youth Centre provides:
(a) Programmes and activities for recreation, socialization and the dissemination of general information. These services include indoor games, television, video, music room, magazines, etc.;
(b) Counselling for personal development and the acquisition of basic life skills;
(c) Continuing academic and vocational education opportunities;
(d) Services for teenage parents which include counselling, pregnancy tests, contraceptives, referrals and baby care.
(e) Family Life Education, an outreach programme to schools, clubs and youth groups.
160. Apart from the health, academic and vocational programmes offered, the centre is mainly viewed by youths who use the facility as a place where new acquaintances are made, friendly debates are held, and a host of other recreational and social activities take place in an atmosphere that is conducive both to learning and social development.
161. The following actions are planned to develop and enhance educational and cultural programmes for youth:
(a) Constructing, with assistance from the government and people of Taiwan, is a sporting and cultural centre in the south of the island. This project should be completed early in 1996. Sporting facilities, a theatre and classrooms are to be included in this facility;
(b) Hosting a National Symposium on Youth to assess the problems of youth and to chart the way forward for development;
(c) Establishing in 1996, a National Youth Organization;
(d) Embarking on an outreach programme, establishing youth groups in every parish. It is the hope that youth members would be able to encourage other community youths to become actively involved in the outreach programme;
(e) Recruiting and training youth officers from each parish to enable them to coordinate and develop the proposed National Youth Organization;
(f) Developing a self-employment scheme to assist unemployed youths. Financing for this programme has already been discussed with regional and international countries;
(g) Establishing a cultural library to document local culture;
(h) Organizing more workshops/seminars for coaches, sporting personnel, and teachers of drama and the performing arts;
(i) Increasing the staff of the Ministry of Sport, Culture, Youth Affairs and Community Development by more than 50 per cent.
162. Though there is no legislation on juvenile justice in Grenada, provisions exist for juveniles within legislation governing the criminal and penal justice system. These provisions, however, are in compliance with only some of the requirements of article 40 of the Convention. In this jurisdiction, legislative effect is given to paragraphs 2 (b) (i)-(vii) and 3 (a) of this article.
163. In Grenada there is no established alternative to judicial proceedings for children alleged to have, or accused of or recognized as having infringed the penal law.
2. Children deprived of their liberty, including any form of detention, imprisonment and placement in custodial settings (article 37 (b), (c) and (d))
164. In this jurisdiction, the law does not provide for all the stipulations in paragraph (b) of this article but adequately reflects those of paragraphs (c) and (d).
165. A persons' liberty is protected under section 3 (1) of the Constitution and he/she may only be deprived of such as authorized thereunder in a number of specified instances. However, there is no provision in local law that suggests that the arrest, detention or imprisonment of a child shall be used only as a measure of last resort and for the shortest appropriate period of time.
166. The separation of detained young prisoners from adult prisoners (so far as possible) is addressed under section 31 (3), chapter 254, of the Prisons Act 1980, while sections 331 (c), 334 and 335 of the Prison Rules address the maintenance of familial relationships between any prisoner and his family through correspondence and visits, once it is in the best interests of both parties.
167. A person is afforded the right to challenge the legality of being deprived of his/her liberty under section 16 of the Grenada Constitution Order.
3. The sentencing of juveniles, in particular the prohibition of capital punishment and life imprisonment (article 37 (a))
168. In this legal system, section 5 (1) of the Constitution ensures that no person shall be subjected to torture, inhuman or degrading punishment or other such treatment while section 234 of the Criminal Code prohibits the death sentence being pronounced or recorded against a person convicted of murder if at the time the offence was committed the person was under the age of 18 years.
4. Physical and psychological recovery and social reintegration (article 39)
169. Local legislation does not embody the measures of this article. However, an attempt is being made by some non-governmental organizations as well as government departments to provide counselling services to facilitate a child's psychological recovery and social reintegration.
170. Despite the existence of some laws that comply with article 39 of the Convention, these laws are seldom adhered to by local authorities who, as a result, contravene the spirit of the Convention. Among the problems that exist are:
(a) Often, little or no proper legal assistance or representation is given to juveniles for the preparation and presentation of their defence;
(b) Not all districts adhere to the practice of scheduling a specific day for the appearance of juveniles in court. As a result, there are undue delays before juveniles are brought before the court;
(c) Some laws give rise to discretionary provisions. For example, according to section 50 (1) of the Criminal Code, chapter 76, the minimum age below which a child shall be presumed not to have the capacity to infringe the penal law is 7 years; subsection 2, however, states that between 7 and 12 a child may or may not be considered to have the capacity to infringe the law, depending on the level of maturity of the child as determined by the court;
(d) Some punitive measures for juveniles, including whipping (section 75 (1) of the Criminal Code), do not appear to serve the purpose of reforming juvenile offenders;
(e) The absence of organized and systematic data collection procedures regarding juvenile offenders at the national level has meant that there is no reliable data bank;
(f) Owing to a lack of human resources to adequately fulfil its responsibilities, the Division of Social Security, under whose portfolio probation-related issues lie, has no specific programmes for juvenile offenders (including for their rehabilitation), nor are they able to offer any serious and effective supervision for an offender during his/her suspended sentence;
(g) There is no family court to address family-related issues;
(h) Existing juvenile court procedures are not complied with;
(i) There is no national institution for housing young offenders. The existing practice of incarcerating juveniles, those convicted as well as those on remand, with adult prisoners is not in the best interests of the juvenile and can have serious consequences. In 1994, of the 398 prison convictions, juveniles under 18 years of age represented 6.5 per cent. Of those prisoners on remand for the same year, approximately 11 per cent were under the age of 18 years (see table 5);
(j) There is no journalism code prohibiting the irresponsible reporting and publication of cases that involve young first offenders, including those arrested or questioned but not yet convicted of any crime;
(k) There are no care centres for offenders;
(l) Due to the lack of trained personnel at the prison, the rehabilitative programmes offered there are not very effective and many juveniles are repeat offenders;
(m) There are no after-care programmes for inmates when they leave prison.
171. The following actions are planned:
(a) Prison officers who have recently benefited from an NGO-sponsored programme which focused on the counselling of young offenders are in the process of creating programmes that emphasize rehabilitation for young incarcerated offenders, especially those involved in drug-related offences;
(b) Establishing a juvenile centre that provides counselling and skills training for offenders on remand or those convicted of an offence;
(c) Lobbying for law reform regarding juveniles so that present realities would be better dealt with;
(d) Increasing training programmes that focus on psychology for persons working with children within the system;
(e) Creating public education programmes on the juvenile justice system as well as campaigning for lenient and effective punitive measures for young offenders.
172. The following recommendations are made:
(a) Establishment of a separate institution (other than the prison), for juveniles. The phrase "so far as possible" in the Prison Act, section 31 (3), makes allowance for young detained prisoners to be housed in the same section as adult prisoners. Prison must be made to be conducive to fostering rehabilitation and recovery and not provide young offenders the opportunity to learn new criminal "tricks" from seasoned adult prisoners;
(b) Categorization or separation of inmates on the basis of age, severity of crime committed and criminal history;
(c) Establishment of a Family Court without undue delay;
(d) Immediate attention given to respect for the constitutional rights of juveniles to have adequate facilities for the preparation of their defence and to be brought before the court without undue delay;
(e) Evaluation of archaic and inadequate laws regarding juveniles so that they are made more reflective of present society;
(f) Reduction of the number of juveniles given custodial sentences for relatively minor offences. Perhaps a viable option could be the establishment of Community Service Orders that require young offenders to perform voluntary work in the community either for the person against whom the offence was committed or at a public facility, etc. as a form of restitution;
(g) Adaptation of legislation from the Bahamas Children and Young Persons (Administration of Justice) Act, section 40 (2), which makes provision for alternative measures to be employed with young offenders. Custodial sentences in this jurisdiction are a last resort;
(h) Formulation of practical and effective punitive measures for juveniles. Primary concern should be reforming juveniles;
(i) Psychological assessment of juveniles on admission to prison and periodically while incarcerated;
(j) Provision to juveniles of professional counselling, and therefore of specialized training for persons working with juveniles (the police, probation officers, counsellors, social workers). Training should focus on psychology and sociology;
(k) Provision of more educational and skills-training opportunities for young incarcerated juveniles so that they are better equipped to become more productive citizens upon release;
(l) Provision of after-care programmes that offer counselling, enhance self-employment skills and facilitate a smooth transition to social reintegration. At present, many juvenile offenders are shunned on their re-entry into society. They often become members of a disadvantaged group who suffer, especially with regard to employment, housing, etc.;
(m) Creation of systematic data collection procedures on juveniles as well as improved working relationships between departments whose work focuses on young offenders;
(n) Establishment and enforcement of media codes that prohibit the publication of the identity of young first offenders.
173. The requirements of this article are in conformity with local law. Under section 8 of the Employment of Women, Young Persons and Children Act, chapter 90, children are provided protection from economic exploitation. The law prohibits the employment of a child:
(a) In any undertaking/work whatsoever, whether industrial or otherwise;
(b) In any occupation likely to be injurious to his life, limb, health or education;
(c) Below the age of 14;
(d) During school hours on any day when he/she is required to attend school;
(e) For more than two hours on any day when he/she is required to attend school.
174. Legislative effect is given to paragraph (c) of this article under section 5 of the said Act.
175. Laws pertaining to narcotic and psychotropic drugs conform to the requirements of this article.
176. In 1986, in response to the sharp increase in drug abuse and the resulting societal problems, the Government established the National Drug Avoidance Committee (NDAC). In addition to monitoring the drug situation, this committee was mandated to devise and implement programmes aimed at reducing the local drug demand. The Committee's responsibilities include, among other things:
(a) Creating and implementing measures for restricting the availability of such drugs;
(b) Providing proper advice to persons affected by the misuse of drugs;
(c) Educating and sensitizing the public, and in particular the young, to the dangers of misusing such drugs.
177. In 1992, the Misuse of Drugs Act 1981 was repealed and new and wide-ranging provisions were made under the repealing Act - the Drug Abuse (Prevention and Control) Act No. 7 of 1992. These new provisions address:
(a) The control of narcotic drugs, psychotropic substances, and other substances known to be used in the manufacture of such;
(b) The creation of new offences with respect to drug-trafficking and for purposes connected with such.
178. Having recognized that a number of interrelated factors influence the misuse of drugs in Grenada, an integrated demand reduction strategy consisting of nine components has been adopted by the authorities. They are:
Administrative Strengthening;
Demand Reduction;
Supply Reduction;
Treatment and Rehabilitation;
Research;
International and Inter-Agency Cooperation;
Legislation;
Policy Formation;
Economic, Social and Cultural Development.
Local departments are given specific tasks within the framework of this strategy while NDAC's role is to link these components and ensure that plans are smoothly executed by these departments.
179. Sections 182-186, 191-194 and 206 of the Criminal Code, chapter 76, specifically offer protection to the female child from sexual exploitation and abuse, including prostitution. An amendment to section 187, chapter 76, of the Criminal Code, in section 16 of Act No. 16 of the Grenada Laws 1993, now include new sections 187A, 187B and 187C which provide protection for children from sexual abuse that involves incest.
180. Incest is committed when either a male has carnal knowledge of someone he knows to be either parent, brother, sister, grandparent, uncle and aunt, or when a female of the age of 16 or over permits a male person whom she knows to be her father, grandfather, son, brother, uncle or nephew to have carnal knowledge of her. In these instances, she too commits incest. Other family situations are provided for and, as a result, it is against the law for any a person over the age of 21 years to have carnal knowledge of another person either under or over 13 years of age when this other person is their stepchild, foster child, ward or dependant in their custody.
181. In this jurisdiction, buggery is dealt with in terms of unnatural carnal knowledge/connection. Sections 187 and 435 of the Criminal Code, chapter 76, make provision for this. A person convicted of unnatural carnal knowledge with the use of force or without consent shall be liable to 15 years' imprisonment. In situations where there is consent to unnatural connection, however, every such person shall be liable to imprisonment for 10 years.
182. Local legislation prohibits the abduction of persons and children (sections 188 and 189 of the Criminal Code) while the Adoption Act, chapter 3, section 18, prohibits the giving or receiving of money in adoption procedures except with the sanction of the court. Without the sanction of the court any such act is made a criminal offence punishable with imprisonment and a fine.
183. The following difficulties have been encountered with respect to drug abuse:
(a) Lack of human and financial resources of NDAC to achieve set goals;
(b) Misconception of NDAC's role by the public;
(c) Insufficient monitoring mechanisms as well as after-care programmes at the national level for drug abuse patients.
184. The following difficulties have been encountered with respect to sexual exploitation and sexual abuse:
(a) Absence of professional investigative procedures;
(b) Under-reporting of cases of sexual abuse by victims;
(c) Low level of cooperation between some government departments to carry out effective data collection procedures;
(d) Non-existence of a reliable database with regard to sexually abused children;
(e) Lack of trained personnel to design and implement specialized rehabilitation programmes geared towards the psychological recovery and reintegration into society of sexually abused children;
(f) In many instances, disregard for court procedures that govern sexual abuse cases as well as those that permit indecent assault to be heard in camera (Criminal Procedure Code (Amendment) Act No. 17 of 1991;
(g) Reluctance of some mothers to testify on their child's behalf in court;
(h) Insufficient legislation protecting male children from sexual abuse;
(i) Lenient penalties given to sexual abusers by the courts;
(j) Non-existence of a media code that prohibits the print media from divulging information to the public, resulting in the identity of sexually abused victims being easily discerned.
185. The following actions are planned with respect to drug abuse:
(a) NDAC is in the process of establishing a computerized database of drug use and abuse information in Grenada;
(b) Existing treatment and rehabilitation programmes are being reviewed to increase their effectiveness;
(c) A project proposal has been submitted to the United Nations for funding. The emphasis of the project is treatment and rehabilitation of drug abusers;
(d) The creation of new public awareness programmes on drug abuse to reinforce previous work done by NDAC in this regard;
(e) NDAC will continue in its attempts to secure foreign fellowships to increase training opportunities for local personnel abroad.
186. The following actions are planned with respect to sexual abuse: as a result of the sharp increase in the number of sexual abuse cases (see table 7), the Coalition on the Rights of the Child, the main body educating the public and promoting the rights of the child, views sexual abuse as one of their main areas of priority. As a result, plans are aimed at:
(a) Creating more public awareness programmes highlighting sexual abuse;
(b) Making recommendations to the legal authorities to introduce mandatory reporting of incidents of rape and other forms of sexual abuse;
(c) Lobbying for more stringent penalties for perpetrators of this offence;
(d) Continuing to put plans in place for the appointment of a body to investigate sexual abuse cases. This body will also be charged with the responsibility of reporting and recording such cases, looking at penalties and rehabilitation and social reintegration of the sexually abused victims.
187. The following recommendations are made with respect to this sector:
(a) Professional investigative procedures regarding sexual abuse should be implemented. In too many cases there is "a lack of evidence";
(b) Public assurance must be given by the authorities that all information concerning sexual abuse will be kept highly confidential and that there are measures of redress for victims;
(c) The level of cooperation and coordination between government departments should be improved to implement and maintain a reliable data bank;
(d) There is an urgent need for the implementation of a sexual abuse register;
(e) A centre for victims of sexual abuse should be established;
(f) Trained personnel should design specialized rehabilitative programmes that focus on the psychological recovery and reintegration into society of sexually abused victims, especially children;
(g) Additionally, perpetrators of sexual abuse must be made to attend rehabilitative programmes;
(h) A campaign should be launched to ensure that court procedure involving sexual abuse and indecent assault are followed;
(i) Public education programmes should be undertaken, directed especially at women who are financially dependent on their male partners, to encourage women to report and testify against men perpetrating sexual abuse. All women must be made to understand that it is their duty to protect their children;
(j) Mandatory reporting should be given legislative force. This will reveal a more accurate idea of the actual number of cases, the gender of the perpetrators, as well as provide the necessary information for the formulation of appropriate recovery programmes;
(k) More severe punitive measures for sexual offenders should be imposed;
(l) A media code that protects the identity of sexually abused victims while highlighting the identity of perpetrators should be adopted;
(m) Existing legislation should be amended to make specific provisions prohibiting the sale of and trafficking in children.
1. Adoption in Grenada, 1990 - October 1995
2. Births to teenage mothers by order of birth, 1993
3. Births to teenage mothers by order of birth, 1994
4. Juvenile offenders appearing at various magistrate courts, 1990 - October 1995
5. Admissions to Her Majesty's Prison, 1994
6. Admissions of juveniles to Her Majesty's Prison, January-September 1995
7. Child abuse statistics, 1990 - November 1995
Central Statistical Office, 1991 Census of Population and Housing Summary Results, Ministry of Finance, St. George's, Grenada, 1991.
Ministry of Education and Information, Education Policy Document Grenada, Ministry of Education and Information, November 1992.
The Grenada Constitution Order 1973, Her Majesty's Stationery Office, St. Stephen's Parliamentary Press.
Ministry of Health, Maternal and Child Health Manual, Ministry of Health, Grenada, November 1992.
Giles Francis Harwood, Revised Laws of Grenada 1990, Grosvenor Press, Portsmouth, United Kingdom.
Draft Act to Govern the Care and Protection of Children at Risk.
Vital Statistics Report 1994 - Ministry of Finance, St. George's, Grenada.
Katherine A. Murray, Juvenile Justice in Barbados 1993: A View to the Future.
Zelided Alma De Ruiz, Review of Policy and Practices on Institutionalization of Children in Grenada, UNICEF, July 1995.
Since the publication of the initial report on the Convention on the Rights of the Child on 31 October 1995, there have been significant developments which are worthy of mention. These pertain to three main areas, namely:
The Family Court
Following recommendations of a cabinet-appointed committee, referred to as the Family Life Issues Committee, the Magistrate Act of 1996 was amended to establish, within the existing magistrate court structure, a family court to deal with matters especially pertaining to family issues. This court meets on specially appointed days to deal with attendant matters in closed sittings. It is the intention of this amendment that matters pertaining to the family will be heard more expeditiously and more confidentially.
New system of garbage disposal
A new system of garbage disposal was put in place at the beginning of 1997. With this new system, the country is divided into zones and contracts are given out for the disposals of garbage in each zone, with family units and other users having a specific timetable for the disposal of their household and other garbage.
The Solid Waste Management Authority will be responsible for managing disposal of garbage throughout the country.
Proposal for the enactment of a Child Welfare Act
Draft legislation to govern the care and protection of children at risk was prepared in 1995. Since then it was reviewed by heads of institution and other relevant persons dealing with children. The document is now before the Attorney-General for in-depth review before submission to Parliament.
Other areas of development
A National Consultation was organized for the purpose of reviewing as well as widening the scope of participation in the assessment and analysis of the present report. The Consultation had the support of representatives from various ministries, NGOs, groups and schoolchildren from various secondary schools, who were instrumental in identifying gaps in information and who made further recommendations for changes to policies and the law.
Counselling services are offered twice per week at the Department of Women's Affairs for children and other members of families.
A parenting programme is about to be launched for a period of six months on television. The name of the programme is "Give Your Child a Better Future".
* As at 30 May 1997.