Distr.

GENERAL

CRC/C/15/Add.103
24 August 1999

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : Barbados.
24/08/99.

CRC/C/15/Add.103.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE CHILD

Twenty-first session

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

Concluding observations: BARBADOS

1. The Committee considered the initial report of Barbados (CRC/C/3/Add.45)
at its 534th to 536th meetings (see CRC/C/SR.534-536), held on 18 and 19 May
1999, and adoptedAt the 557th meeting, held on 4 June 1999.the
following concluding observations.

A. Introduction

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

B. Positive aspects

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

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

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

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

C. Factors and difficulties impeding the implementation
of the Convention

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

D. Principal subjects of concern and the Committee's
recommendations

1. General measures of implementation

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

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

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

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

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

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

2. Definition of the child

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

3. General principles

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

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

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

4. Civil rights and freedoms

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

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

5. Family environment and alternative
care

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

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

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

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

6. Basic health and welfare

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

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

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

7. Education, leisure and cultural
activities

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

8. Special protection measures

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

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

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

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

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

(d) The concern about information suggesting that the right of a child
accused of infringing the law to legal assistance can be, and often is waived by
a parent or guardian. More careful implementation of the provisions of article
37 (d) and article 40.2 (b) (ii) of the Convention to legal or other appropriate
assistance is necessary. The Committee recommends that the State party consider
reviewing its legislation to ensure that decisions regarding legal assistance
for children in conflict with the law are taken impartially and with regard
solely for the best interests of the child, and that the right of the child to
such assistance should not be waived by others;

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

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

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

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