Distr.

GENERAL

CRC/C/15/Add.134
16 October 2000

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child (Isle of Man) : United Kingdom
of Great Britain and Northern Ireland. 16/10/2000.

CRC/C/15/Add.134.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE
CHILD
Twenty-fifth session

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

Concluding observations of
the Committee on the Rights of the Child:
United Kingdom of Great Britain
and Northern Ireland - Isle of Man

1. The Committee considered the
initial report of the United Kingdom of Great Britain and Northern Ireland -
Isle of Man (CRC/C/11/Add.19 and Corr.1), received on 15 April 1998 and 14
September 1999, at its 647th meeting (see CRC/C/SR.647), held on 21 September
2000, and adopted at the 669th meeting,
held on 6 October 2000, the following concluding observations.

A.
Introduction

2. The Committee welcomes the submission of
the State party's initial report on the Isle of Man, which followed the
established guidelines, and the written replies to its list of issues
(CRC/C/Q/UK-IM/1). The Committee is encouraged by the constructive, open and
frank dialogue it had with the State party and welcomes the positive reactions
to the suggestions and recommendations made during the discussion. The
Committee expresses its satisfaction that the inclusion in the delegation of
representatives from the Isle of Man who are directly involved in the
implementation of the Convention allowed for a fuller assessment of the
situation of the rights of children on the island.

B. Positive
aspects

3. The Committee notes the Children and
Families Services Plan (1997-2001) and the 1999 update of the Plan which
dealt, inter alia, with children with disabilities, child protection,
residential care, foster care and adoptions, juvenile justice and family
support matters.

C. Subjects of concern and
Committee recommendations

1. General measures of
implementation

Reporting

4. The Committee notes with concern that the
State party has not yet extended the Convention to all of its Crown
Dependencies, specifically Jersey and Guernsey.

5. The Committee recommends that the State
party submits in its next periodic report, information concerning the measures
taken to extend the Convention to all of its Crown Dependencies.

Reservations to the Convention

6. The Committee is concerned that the
reservations made by the State party with respect to articles 32 and 37 (c) of
the Convention on the Rights of the Child have not yet been withdrawn and are
still applicable to the Isle of Man. The Committee welcomes the island's
commitment to discussing further the possible withdrawal of all of its
reservations to the Convention.

7. In the light of the 1993 Vienna Declaration
and Programme of Action, the Committee encourages the State party to consider
the possibility of reviewing its reservations with a view to their full
withdrawal, including with respect to the Isle of Man. In order to remove the
apparent obstacles to the withdrawal of the reservation to article 37 (c) of
the Convention, the Isle of Man is encouraged to reinforce it efforts to
complete the construction of a separate security unit for children deprived of
their liberty.

Legislation

8. The Committee notes that the Isle of Man
will introduce in the next session of the legislature a new Children and Young
Persons Bill, as well as bills to incorporate the Hague Convention on
Protection of Children in Respect of Intercountry Adoption of 1993 and the
European Convention on Human Rights. The Committee is concerned, however, that
domestic legislation in the Isle of Man does not fully reflect the principles
and provisions of the Convention. In this context, the Committee expresses
concern that the draft Children and Young Persons Bill focuses more on a
social welfare and service approach rather than a rights based approach to
child protection and care.

9. The Committee encourages the State party to
continue its efforts in the area of law review and reform in order to ensure
that the laws are in full conformity with the principles and provisions of the
Convention and reflect a rights based approach to child protection and care.

Coordination

10. The Committee notes that the Department of
Health and Social Security is the principal agency with responsibility for
child welfare in the Isle of Man. The Committee further notes the role of the
Department in the development and implementation of the Child Care Strategy,
introduced in 1997. The Committee is concerned, however, that insufficient
efforts have been made to establish a more comprehensive coordinating
mechanism to promote and implement the Convention and to ensure greater
involvement of all government agencies working with and for children, as well
as the wider civil society, in the process. Concern is also expressed that
non-governmental organizations (NGOs) were not included in the preparation of
the report of the Isle of Man.

11. The Committee recommends that the Isle of
Man establish a coordinating mechanism for the promotion and implementation of
the Convention and allocate adequate resources (human and financial) to ensure
its effective functioning. The Committee encourages the Isle of Man to
continue its efforts to extend the Child Care Strategy for an additional five
years and to develop the strategy further in order to ensure greater
participation by all relevant government agencies and departments. It is also
recommended that the Isle of Man consider elaborating a comprehensive plan of
action for the implementation of the Convention. Additionally, the Isle of Man
is encouraged to reinforce its efforts to include NGOs in the promotion,
coordination and implementation of children's programmes. Efforts should also
be made to ensure their participation in the preparation of the next periodic
report of the Isle of Man.

Data collection

12. The Committee is concerned that the data
collection mechanism of the Isle of Man includes the collection of data on
children up to the age of 15 years only.

13. The Committee recommends that the Isle of
Man take all appropriate measures to ensure the development of a comprehensive
data collection mechanism that incorporates all the areas covered by the
Convention and covers all children below the age of 18 years, with specific
emphasis on those who are particularly vulnerable, including children in the
juvenile justice system; children born out of wedlock; child victims of sexual
abuse and neglect; institutionalized children; child victims of drug abuse;
and children with disabilities.

Monitoring mechanisms

14. While the Committee notes that the Police
Act provides for the creation of a police complaints commission to address
human rights violations by the police, it is concerned that insufficient
efforts have been made to establish a child rights focal point within the
Commission to address complaints of violations of the rights of children by
the police. The Committee also notes with concern that children are not
allowed to submit complaints to the Police Complaints Commission unless a
relevant adult is present while the statement of complaint is being taken.
Concern is also expressed at the insufficient efforts made to establish an
independent, child-friendly, human rights monitoring mechanism to review
administrative decisions affecting children and to address complaints from
children concerning violations of their rights by government agents other than
the police.

15. The Committee recommends the establishment
of a child rights focal point within the Police Complaints Commission. It also
recommends that the Isle of Man consider introducing measures to facilitate
children who wish to do so making complaints to the Commission in the absence
of an adult. It further recommends that the Isle of Man reconsider
establishing an independent, child-friendly, accessible mechanism, separate
from the Police Complaints Commission, to address complaints from children
concerning violations of their rights and to provide remedies for such
violations, in keeping with the Paris Principles (United Nations General
Assembly resolution 48/134). In this context, the introduction of
awareness-raising campaigns is encouraged in order to facilitate the effective
use of these mechanisms by children.

Dissemination

16. The Committee notes that the Isle of Man
has introduced a code of practice on access to government information which,
inter alia, governs access to information on international
agreements, including the Convention. The Committee also notes that the Isle
of Man intends to make available, on its Web site, all of its periodic reports
to United Nations human rights treaty bodies and to introduce training on
human rights, including children's rights. However, the Committee is concerned
that insufficient efforts have been made actively to disseminate the
principles and provisions of the Convention and that professional groups,
children, parents and the public at large are generally not sufficiently aware
of the Convention and the rights based approach enshrined therein.

17. The Committee recommends that greater
effort be made to ensure that the provisions of the Convention are widely
known and understood by adults and children alike. The Committee encourages
the Isle of Man to reinforce its efforts to introduce training on and/or
sensitization about the Convention for professional groups working with and
for children, such as judges, lawyers, law enforcement personnel, teachers,
school administrators, health personnel, including psychologists and social
workers, and personnel of child-care institutions. Efforts should also be made
to raise awareness among the media about the rights of children. The Committee
also recommends that the Isle of Man integrate the Convention into the
curricula at all levels of the educational system.

2. Definition of the
child

18. The Committee notes with concern that the
Children and Young Persons Bill proposes to abolish the presumption that
children between the ages of 10 and 14 years are doli incapax (incapable of committing a criminal offence), which
means that legally the minimum age of full criminal responsibility is lowered
from 14 to 10 years. The Committee expresses concern regarding the low legal
age for criminal responsibility in the Isle of Man (10 years). Additionally,
the Committee is concerned that the law does not adequately provide for the
special protection and care of children who have attained the age of 17 years.

19. The Committee strongly recommends that the
Isle of Man reconsider its decision to abolish the principle of
doli incapax for very young children. The Committee also recommends
that the Isle of Man review its legislation with a view to increasing the age
of criminal responsibility and to ensuring full conformity with the principles
and provisions of the Convention. It further recommends that existing
legislation be reviewed so as to guarantee adequate protection and care for
all children below the age of 18 years.

3. General
principles

20. The Committee wishes to express its
concern that the Isle of Man does not appear to have fully taken into account
the provisions of the Convention, especially its general principles, as
reflected in its articles 2 (non-discrimination), 3 (best interests of the
child), 6 (survival and development) and 12 (respect for the views of the
child), in its legislation, its administrative and judicial decisions, or in
its policies and programmes relevant to children.

21. It is the Committee's view that further
efforts should be undertaken to ensure that the principles of the Convention
are appropriately integrated into all legal amendments, as well as judicial
and administrative decisions, and projects, programmes and services which have
an impact on children. The Committee recommends that the Isle of Man take all
appropriate measures to ensure that policy discussions and decision-making
regarding the rights of children are guided by the general principles of the
Convention, in particular the principle of respect for the views of the
child.

Non-discrimination

22. The Committee expresses concern that the
Isle of Man does not appear to have fully taken into account article 2 (the
general principle non-discrimination) of the Convention in its legislation,
its administrative and judicial decisions, or its policies and programmes
relevant to children. In this context, concern is expressed at the
insufficient efforts made to provide against discrimination based on sexual
orientation. While the Committee notes the Isle of Man's intention to reduce
the legal age for consent to homosexual relations from 21 to 18 years, it
remains concerned about the disparity that continues to exist between the ages
for consent to heterosexual (16 years) and homosexual relations.

23. It is recommended that the Isle of Man
take all appropriate measures, including of a legislative nature, to prevent
discrimination based on the grounds of sexual orientation and to fully comply
with article 2 of the Convention.

4. Family environment and
alternative care

Domestic violence, ill-treatment and
abuse

24. The Committee notes the efforts of the
Isle of Man to prevent domestic violence, child abuse, including sexual abuse,
and ill-treatment and neglect of children through, inter alia, the
introduction of the Child Protection Policy, the employment of family aids to
work with at risk families and the establishment of family centres to provide
training in parenting. In this regard, the Committee also notes the
establishment of a sex offenders therapy programme for adult perpetrators
found guilty of child abuse. The Committee remains concerned, however, at the
increasing incidence of domestic violence, child abuse, including sexual
abuse, and ill-treatment and neglect of children.

25. In the light of article 19, the Committee
recommends that the Isle of Man reinforce its efforts to prevent and combat
domestic violence, child abuse, including sexual abuse, and ill-treatment and
neglect of children. It is further recommended that the Isle of Man take all
appropriate measures to ensure that cases of domestic violence, ill-treatment
and sexual abuse of children are properly investigated within a child-friendly
judicial procedure and that sanctions are applied to perpetrators, due regard
being given to protecting the right to privacy of the child. Additionally, all
appropriate measures should be taken to guarantee the physical and
psychological recovery and social reintegration of child victims, in
accordance with article 39 of the Convention.

Corporal punishment

26. While noting that the Education Bill 2000
will prohibit the use of corporal punishment in schools and that the Criminal
Justice Bill 2000 will prohibit its use within the juvenile justice system,
the Committee is gravely concerned that corporal punishment is still practised
and widely accepted in the Isle of Man.

27. The Committee recommends that the Isle of
Man reinforce its efforts to prohibit by law and eliminate the use of corporal
punishment in schools, care institutions and the juvenile justice system. The
Committee further recommends that the Isle of Man take all appropriate
measures to prohibit the use of corporal punishment in the home. In this
context, it is suggested that awareness raising and education campaigns be
conducted to change public attitudes and ensure that alternative forms of
discipline are administered in a manner consistent with the child's human
dignity and in conformity with the Convention, especially articles 19 and
28.2.

5. Basic health and
welfare

Adolescent health

28. The Committee notes the efforts of the
Isle of Man to address adolescent health concerns, particularly in the area of
alcohol abuse. In this regard, the Committee notes the elaboration of an
alcohol strategy and the development of an alcohol prevention programme at the
secondary school and college levels. While welcoming the "Smoke Busters"
programme introduced at the primary and lower secondary school levels to
prevent and combat smoking among children, the Committee expresses concern
that cigarette smoking is still prevalent among school-age children,
especially girls. While the Committee notes the enactment of the Mental Health
Act, which came into force in April 2000, it is concerned that additional
efforts are needed to strengthen child mental health services. The Committee
further notes that additional efforts are also needed better to address
adolescent reproductive health concerns, particularly as regards teenage
pregnancy and sexually transmitted diseases (STDs).

29. The Committee encourages the Isle of Man
to reinforce its efforts in addressing drug and alcohol abuse and cigarette
smoking among adolescents, especially among schoolgirls. The Committee
recommends that all appropriate measures be taken to strengthen reproductive
health education, including the promotion of male acceptance of the use of
contraceptives. The Committee suggests that a comprehensive and
multi-disciplinary study be undertaken to understand the scope of adolescent
reproductive health concerns, including the incidence of STDs. Additionally,
it is recommended that the Isle of Man undertake further measures, including
the allocation of adequate human and financial resources, to ensure the
provision of youth-friendly care, counselling and rehabilitation services for
adolescents and to strengthen child mental health services.

Disabilities

30. The Committee notes the efforts of the
Isle of Man to establish programmes for children with disabilities, including
integration and community based care programmes. It is concerned, however,
that insufficient efforts have been made to ensure adequate legal protection
of children with physical disabilities.

31. In the light of the Standard Rules on the
Equalization of Opportunities for Persons with Disabilities (General Assembly
resolution 48/96, annex) and the recommendations the Committee adopted at its
day of general discussion on the rights of children with disabilities
(CRC/C/69, chap. IV.D), the Committee recommends that additional efforts be
made to: enhance early identification programmes to prevent disabilities;
strengthen special education programmes for children with disabilities; and,
where possible, encourage the inclusion of children with disabilities in the
regular school system and more generally in society. Adequate resources should
be allocated to ensure the effective implementation of programmes for children
with disabilities and to encourage further training for professionals working
with and for these children. The Committee also recommends the enactment of
legislation to guarantee the rights of children with physical disabilities.

Social Security

32. The Committee notes that the Isle of Man's
social security system provides financial support to families with children
and additional assistance to single parent and low income families. The
Committee also notes that the social security system provides for the
training, education and employment of young people aged 16 and 17 years who
are unable to find employment. The Committee is concerned, however, that
additional efforts are needed to strengthen the social security system to
ensure the full implementation of the economic, social and cultural rights of
all children below the age of 18 years.

33. The Committee encourages the Isle of Man
to reinforce its efforts to provide adequate support and assistance through
its social security support for economically disadvantaged children below the
age of 18 years.

6. Education, leisure and cultural
activities

34. The Committee welcomes the "INCLUDE"
programme and the "Bridge" project, which provide additional support to
students with behavioural concerns. It is noted with appreciation that student
councils have been established to encourage the participation of such children
within the school environment. The Committee notes that the Manx Gaelic
language is currently taught as an option in all primary schools for a
two-year period and that the Department of Education is currently reviewing
the possibility of establishing a Gaelic-medium School, to commence in
September 2002. While the Committee notes that the Isle of Man has appointed
attendance officers to ensure the regular attendance at school of students of
compulsory school age, it is concerned about the insufficient information
provided on truancy and drop-out rates and the programmes implemented to
prevent and discourage these practices. The Committee notes that the efforts
to include the National Council for Vocational Qualifications (NCVQ) courses
in the school curriculum for students between the ages of 14 and 16 years have
regrettably been unsuccessful. While noting that students may, through their
parents, discuss with the school principal any concerns regarding violations
of their rights, the Committee is concerned that insufficient effort has been
made to establish a formal complaints procedure for students whose rights have
been violated.

35. The Committee encourages the Isle of Man
to continue its efforts in promoting the Gaelic language in schools. The
Committee recommends that the Isle of Man provide additional information on
the actual situation of education in its next periodic report, particularly as
regards truancy and drop-out rates. The Committee encourages the Isle of Man
to continue its efforts to develop vocational options for children between the
ages of 14 and 16 years. The Committee further encourages the Isle of Man to
establish a complaints procedure within the school system for students, at all
levels, whose rights have been violated.

7. Special protection
measures

Child labour

36. The Committee notes the Isle of Man's
reservation with respect to article 32 of the Convention and is concerned
about the lack of information and adequate data on the situation with regard
to child labour and economic exploitation in the island.

37. The Committee encourages the Isle of Man
to consider withdrawing its reservation to article 32 of the Convention. The
Committee recommends that the State party undertake a comprehensive study to
assess the situation with regard to child labour in the Isle of Man.
Additionally, the Committee encourages the Isle of Man to introduce and/or
strengthen, where appropriate, monitoring mechanisms to ensure the enforcement
of labour laws and to protect children from economic exploitation,
particularly in the informal sector. The Committee also suggests that the
State party consider extending to the Isle of Man ILO Convention No. 182
concerning the Elimination of the Worst Forms of Child Labour. The Committee
further suggests that the State party consider extending to the Isle of Man
ILO Convention No. 138 concerning Minimum Age for Admission to Employment.

Drug and substance abuse

38. The Committee notes that the Isle of Man
has elaborated a five year drug strategy and developed a drug prevention
programme at the secondary school and college levels. However, the Committee
is concerned about the increasing incidence of drug abuse among youth on the
island. The Committee notes the introduction of an "arrest referral scheme"
and welcomes any steps to divert child victims of drug abuse from entering the
criminal justice system.

39. In the light of article 33 of the
Convention, the Committee recommends that the Isle of Man reinforce its
programmes to guarantee greater protection of children against the illicit use
of narcotic drugs and psycho-tropic substances and to prevent the use of
children in the illicit production and trafficking of such substances. The
Isle of Man is also encouraged to continue its efforts to strengthen
rehabilitation programmes for child victims of drug and substance
abuse.

Juvenile justice

40. The Committee notes the efforts of the
Isle of Man in the area of juvenile justice, in particular the recent
enactment of the Police Powers and Procedures Act (1998) which,
inter alia, introduces additional safeguards for children under
the age of 17 years who come into conflict with the law. The Committee regrets
that the Act does not provide adequate legal protection for all children below
the age of 18 years. The Committee notes that the Isle of Man legislature is
currently considering the Criminal Justice Bill 2000, which is intended,
inter alia, to prohibit the imposition of corporal punishment as
a sentence by the island's courts. The Committee is concerned about the dearth
of information regarding the practical implementation of the legislative and
policy initiatives undertaken in the juvenile justice system, particularly
with respect to:

(a) The attempts to shorten the length of time
before the hearing of juvenile cases; the adequacy of facilities for children
in conflict with the law, including girls; and the availability of trained
personnel to work with children in this regard;

(b) Adequate access to education, health,
counselling and other rehabilitative services; and the availability of a
complaints mechanism for children whose rights have been violated.

41. The Committee recommends that the State
party submit, in its next periodic report, additional information regarding
the practical implementation of the legislative and policy initiatives
undertaken in the Isle of Man within the juvenile justice system to ensure
that:

(a) The juvenile justice system is reformed in
the spirit of the Convention, in particular articles 37, 40 and 39, and of
other United Nations standards in this field, such as the United Nations
Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing
Rules), the United Nations Guidelines for the Prevention of Juvenile
Delinquency (the Riyadh Guidelines) and the United Nations Rules for the
Protection of Juveniles Deprived of their Liberty;

(b) Training programmes on relevant
international standards are introduced for all professionals involved with the
juvenile justice system;

(c) Deprivation of liberty is considered only
as a measure of last resort and for the shortest possible period; the rights
of children deprived of their liberty are protected, including their right to
privacy; and children remain in contact with their families while in the
juvenile justice system.

42. The Committee encourages the Isle of Man
to reinforce its efforts to enact the Criminal Justice Bill 2000, which will
prohibit by law the imposition of corporal punishment as a sentence by the
island's courts.

8. Ratification of the
Optional Protocols

43. The Committee recommends that the State
party consider ratifying and extending to the Isle of Man the two Optional
Protocols to the Convention on the Rights of the Child on the involvement of
children in armed conflict and on the sale of children, child prostitution and
child pornography.

9. Dissemination of
reports

44. The
Committee recommends that, in the light of article 44, paragraph 6, of the
Convention, the initial report and written replies presented by the State
party be made widely available to the public at large and that the publication
of the report be considered, along with the concluding observations adopted
thereon by the Committee and the relevant summary records. Such a document
should be widely distributed in order to generate debate and awareness of the
Convention and its implementation and monitoring within the Government and the
general public, including NGOs.

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