Committee on the Rights of the Child

Seventy-fo u rth session

Summary record of the 2166th meeting

Held at the Palais Wilson, Geneva, on Wednesday, 18 January 2017, at 10 a.m.

Chair:Ms. Aldoseri (Vice-Chair)

Contents

Consideration of reports of States parties (continued)

Second periodic report of Barbados (continued)

The meeting was called to order at 10 a.m.

Consideration of reports of States parties (continued)

Second periodic report of Barbados (continued) (CRC/C/BRB/2; CRC/C/BRB/Q/2 and Add.1)

At the invitation of the Chair, the delegation of Barbados took seats at the Committee table.

Ms. Marshall-Harris (Barbados) said that, following the amendments to the Maintenance Act, judges were required by law to determine access arrangements for non-resident parents before a court order could be made. Further legislative reforms being planned included the removal of the requirement for the father to prove that the mother was an unfit parent in order to be able to obtain custody of his children, and the transfer of custody issues from the high court to the magistrate’s court, which would make the process more accessible and less costly for the average person. The judiciary was receiving training to help in tackling the traditional tendency to favour mothers in granting custody.

Ms. Sandberg (Country Rapporteur) said that it was important to remember that under the Convention, the best interests of the child should be a primary consideration in all actions concerning children.

Ms. Khazova said that it was her understanding that the Family Law Act only covered families in which the parents were married or had cohabited for a minimum of five years. She wished to know how issues were resolved for families that did not meet either of those criteria.

Mr. Cardona Llorens asked whether a lawyer or other official was appointed to defend the rights of the child before the courts.

Ms. Marshall-Harris (Barbados) said that the best interest of the child was a guiding principle but had not yet been defined in law. The planned changes to legislation relating to children would include a specific definition of the concept. The decision as to which parent a child should reside with would no longer be left to the discretion of the judge. The new legislation would also stipulate that an attorney should be appointed to represent the child in custody cases. The definition of the family had been updated to reflect social realities, and family law now covered all children irrespective of the situation into which they were born.

Ms. Khazova asked whether the granting of shared custody was routine practice.

Ms. Marshall-Harris (Barbados) said that the usual practice in Barbados was to grant joint custody alongside residence with a particular parent. Children were given a say in such decisions.

Ms. Aho Assouma said that she wished to know what happened in cases where an unfit or alcoholic father was granted custody of his children. She asked whether social workers compiled reports to assist judges in making decisions.

Ms. Marshall-Harris (Barbados) said that while judicial officers were now being asked to adopt an equal approach to mothers and fathers, an alcoholic father would never be granted custody of his children. Custody and access decisions were informed by reports from a minimum of three separate government agencies, including the Child Care Board. Judicial officers usually respected the recommendations made in the social worker’s report.

Ms. Nurse (Barbados), in response to a question on the emergency removal of children, said that referrals were usually made to the Child Care Board, which sought police assistance in removing the child. If the child was at school, an officer from the Board interviewed him or her in the presence of the principal or other senior staff member. If physical or sexual abuse was suspected, the child was examined by a police doctor. The child’s parents were contacted, unless they were the alleged perpetrators. The police officers involved in such cases wore civilian clothing, and, where possible, a female officer was assigned to cases involving girls. The severity of the case determined whether the child returned home, went to stay with a relative or was put into the care of the Board. The Board had child psychologists who worked with children put into care. While there was a shortage of formal foster care, informal arrangements within the extended family were common, and residential care was a last resort. Children in residential care were reunited with their families as soon as possible. Few children remained in care until the age of 18 years.

Ms. Khazova said that, while informal foster care was to be welcomed as a way of keeping children within their extended families, she wished to know how such arrangements were monitored.

Ms. Nurse (Barbados) said that as soon as the authorities became aware of a kindred foster care arrangement, as it was known in Barbados, it was formalized so that it could be monitored. Children in care were prepared for their return to the community and usually maintained contact with their natural family.

Ms. Marshall-Harris (Barbados) said that the Government would shortly begin the process of setting up a child-friendly family court comprising both a magistrate’s court and a high court. The special features of the family court would include mediation and enhanced dispute resolution services, representation for children and specialized social workers.

Ms. Muhamad Shariff (Country Rapporteur) asked whether the family court would deal with both civil and criminal matters.

Ms. Marshall-Harris (Barbados) said that the family court would deal solely with civil matters relating to families and children.

Ms. Khazova asked whether all child maintenance issues would be dealt with by the family court.

Ms. Marshall-Harris (Barbados) said that cases were currently heard by the magistrate’s court in the jurisdiction in which the mother lived. The unified court would be more easily accessible to all parties.

Ms. Phillips (Barbados) said that the Government allocated US$ 300,000 annually to provide school books for primary school students whose parents could not afford them. Since 2008, children had been exempt from paying to travel on buses. The parents of secondary school students were asked to pay a small annual fee to join the Textbook Loan Scheme. With regard to school dropout, net school enrolment was virtually 100 per cent; in the few cases where children did not attend school regularly, school attendance officers visited their families to address the issue.

Work was under way to improve access to schools for children with disabilities. Ramps and accessible bathrooms were being installed and Braille materials were provided for blind children. The Government was also training a number of teachers in deaf education. The National Disabilities Unit provided transport to enable 250 children to travel to special or mainstream schools, while the Transport Board operated the Call-a-Ride system which could also be used for school travel.

Mr. Cardona Llorens said that he wished to learn about measures in the State party to enable children with intellectual or psychosocial disabilities to access education. Were they educated in mainstream schools or special centres? He asked whether children with learning or psychosocial disabilities who attended inclusive schools received support from specialized teachers, whether the curriculum was adapted to their needs, how inclusive education was designed and how the transition from special to inclusive education was managed.

The Chair asked the delegation to provide up-to-date information on the school dropout rate.

Ms. Phillips (Barbados) said that she had no official statistics on the school dropout rate. There were three special schools in Barbados, and children with intellectual disabilities attended one of those or the Albert Cecil Graham Development Centre. The Government intended to address the budgetary constraints impeding integration into mainstream education.

Ms. Marshall-Harris (Barbados) said that 100 per cent of children attended school. The fine for parents whose children did not attend school, while rarely applied, was to be raised.

Ms. Nurse (Barbados) said that children with disabilities were integrated into mainstream education where possible. The President of the Senate, who was blind, had herself attended a special school and later transitioned into a mainstream school.

Mr. Blackett (Barbados) said that the Welfare Department operated a poverty reduction and alleviation programme for destitute persons. Assistance was provided with rent arrears and the repair or rebuilding of housing. Around 4,500 individuals received daily cash grants and food vouchers. The ISEE Bridge Programme, which had been adapted from a programme operated in Chile and was designed to tackle intergenerational poverty, involved four stages: identification, stabilization, enablement and empowerment. During a two-year pilot, 30 families — one from each constituency — had benefited from the programme, and a further 30 had been identified for a second round of the programme. A programme to strengthen human and social development had been agreed with the Inter-American Development Bank and would support 250 families.

Ms. Phillips (Barbados) said that a large proportion of the 250 households targeted by the human and social development programme comprised as many as 10 people. The programme would cover the cost of school uniforms, meals and textbooks and provide remedial support where necessary.

Ms. Sandberg said that she wished to know the scale of poverty and social inequality in the State party. While the programmes mentioned by the delegation would help the very poorest people, she wondered what support was available for those people in the next layer of poverty.

Ms. Phillips (Barbados) said that the Welfare Department provided support for people in financial need. Most households with five or more children were on the welfare list.

Ms. Khazova asked whether poverty was the main cause of child abandonment and how that problem was addressed.

Ms. Aho Assouma said that, while she welcomed the poverty alleviation programmes, she was concerned that in the long term families might become dependent on such assistance. She wished to know whether the families involved received any family planning support.

Mr. Blackett (Barbados) said that the ISEE Bridge Programme was designed in such a way that by the end of the two years, families should be able to manage independently.

Ms. Phillips (Barbados) said that ISEE Bridge Programme families were provided with psychosocial support and opportunities to learn skills such as basketry and hairdressing. The upcoming Inter-American Development Bank programme would provide enhanced support, including remedial classes and career counselling. While few families in Barbados had more than three children, social workers could refer parents to family planning services if it was deemed appropriate.

Ms. Nurse (Barbados) said that child abandonment was very rare in Barbados. In cases where a pregnant woman wished to give up her baby for adoption, the Child Care Board provided counselling, and the woman’s decision was not binding until the final documentation had been signed.

Ms. Marshall-Harris (Barbados) said that during school holidays, children could attend private or government-run activity camps, with subsidies available for families who could not afford to pay.

Ms. Khazova asked whether adoption was formalized before or after the birth of the child and whether the child could access information about his or her genetic parents at a later date.

Mr. Cardona Llorens said that he would welcome information on the measures in place to ensure that children with disabilities, including those with intellectual disabilities, could access public spaces, sports facilities and cultural activities.

Ms. Muhamad Shariff asked whether all children were eligible to attend holiday camps and what age range the camps catered for.

Ms. Phillips (Barbados) said that holiday camps were available for all school-age children. One camp was specifically tailored to children with disabilities, but they could also attend mainstream camps. The Special Olympics were held every year and the Government provided funding to civil society organizations for cultural programmes. The National Disability Unit organized annual exhibitions of artwork and crafts produced by children with disabilities. Bridgetown had benefited from an initiative to make the city accessible for people with a visual or hearing impairment.

Ms. Nurse (Barbados) said that the adoption process in Barbados was closed. In cases where adoption was discussed during pregnancy, it was not finalized until after the birth. The Multiple Indicator Cluster Survey conducted in 2012 by the United Nations Children’s Fund (UNICEF) and the Barbados Statistical Service had found that 9 out of 10 babies had breastfed at some point and 4 out of 10 had done so within one hour of birth. Within six weeks of birth, a nurse from one of the 10 government-run polyclinics made a home visit to check on mother and baby.

Mr. Rodríguez Reyes asked whether the polyclinics and the Queen Elizabeth Hospital had received certification under the Baby-Friendly Hospital Initiative run by UNICEF.

Ms. Nurse (Barbados) said that antenatal classes were delivered at the polyclinics. The children’s mental health unit had been relocated from the psychiatric hospital to a nearby polyclinic.

Ms. Aho Assouma said that she wished to learn whether there were any child psychologists working in the State party, whether children were admitted to the psychiatric unit for long periods of time and whether children were entitled to medication free of charge.

Ms. Nurse (Barbados) said that two children with severe mental health issues were currently being cared for long-term in the psychiatric hospital. All children under the age of 18 years received medication free of charge, and mental health professionals trained to care for children were available.

Mr. Rodríguez Reyes said that he wished to hear about the results of the national mental health policy implemented in 2008 and the policies currently in place in that area.

Ms. Marshall-Harris (Barbados) said that the Mental Health Commission had been created as a result of the 2008 mental health policy. Community mental health nurses made home visits to patients in order to reduce stigma. While the demand was greater than the resources available, the Ministry of Education had a child psychologist on retainer to deal with cases not requiring institutionalized care.

Ms. Nurse (Barbados) said that there were a number of consultant child psychologists attached to the Queen Elizabeth Hospital.

Ms. Sandberg asked whether there were enough child psychologists to meet demand and whether there were school nurses and school mental health nurses in the State party.

Mr. Rodríguez Reyes asked what had replaced the Strategic Plan for Health 2002 to 2012 and whether there was a specific public policy on mental health in place at the national level.

Ms. Phillips (Barbados) said that the community mental health workers scheme had been set up as a result of the creation of the Mental Health Commission under the Strategic Plan for Health 2002 to 2012. More child psychologists were required to meet the demand. While there were no school nurses, the majority of schools were located close to one of the polyclinics and children who were unwell could be sent there.

Ms. Sandberg asked whether there were measures in place to enable children to consult doctors about sexual health issues without their parents’ knowledge.

Ms. Marshall-Harris (Barbados) said that steps had been taken to ensure that all children had access to a doctor, even without parental consent, and that the questions they raised remained confidential. Doctors were to be accorded legal authority to offer advice to children on sexual and reproductive health when they considered that it was in the best interests of the child. Steps were also being taken to ensure that teenagers were fully informed about HIV and AIDS and could consult a doctor on a confidential basis if they considered that they might have contracted the disease.

Ms. Phillips (Barbados) said that the National HIV/AIDS Commission had developed specific programmes for teenagers. Volunteers working for the Transition to Secondary School Programme tested teenagers’ awareness of sexually transmitted diseases, HIV and AIDS. The Commission also subsidized awareness-raising programmes carried out by civil society organizations. As part of the Man Aware campaign, volunteers went to barbers’ shops to provide customers with informal education about HIV and AIDS. Antiretroviral drugs were also provided free of charge under the health programme.

Ms. Sandberg asked whether children were victims of discrimination on grounds of their sexual orientation and gender identity and, if so, whether action was being taken to combat stigma in that regard.

Mr. Rodríguez Reyes asked whether the National HIV/AIDS Commission also implemented awareness-raising programmes among parents.

Ms. Aho Assouma enquired about the prevalence of HIV in the State party, action to prevent mother-to-child transmission, and support for HIV-positive mothers and children and for orphaned children of persons whose deaths had been due to HIV infection. She also asked whether there was legislation to prevent discrimination against persons living with HIV.

The meeting was suspended at 11.25 a.m. and resumed at 11.45 a.m.

Ms. Marshall-Harris (Barbados) said that there was currently no legislation prohibiting discrimination against persons on grounds of their sexual orientation. However, the Constitution prohibited discrimination on many grounds, including gender. No cases of discrimination against children on grounds of their sexual orientation had been reported.

Ms. Phillips (Barbados) said that the Health and Family Life Education Curriculum addressed issues of stigma and discrimination.

She would provide the Committee with figures regarding the prevalence of HIV in due course. The HIV and AIDS awareness-raising programme run by the Ministry of Social Care, Constituency Empowerment and Community Development targeted all social groups and members of society, including parents. There was currently a zero mother-to-child transmission rate. A department of the Ministry of Health specialized in issues relating to HIV and AIDS, and a food bank provided nutritional care for persons living with HIV. The National HIV/AIDS Commission implemented annual programmes for men who had sex with men and for sex workers.

Ms. Sandberg asked whether there was any discrimination against the lesbian, gay, bisexual and transgender (LGBT) community.

Mr. Blackett (Barbados) said that the LGBT community was fully integrated into local communities.

Mr. Rodríguez Reyes noted that the Strategic Plan for Health 2002 to 2012 provided for a reduction in the infant mortality rate to less than 10 per 1,000 live births. He enquired about the action that was being taken to achieve that goal.

Ms. Marshall-Harris (Barbados) said that the delegation would provide that information in due course.

Responding to a question raised at the previous meeting concerning malnutrition, she said that childhood obesity was a far greater concern. The National Nutrition Centre was promoting a healthy diet for children through the School Meals Programme and general publicity. A tax had been imposed on sugary drinks.

There were no known cases of child pornography, but the Protection of Children Act would be updated to address the issue of pornographic cyberactivity.

According to the defence under the Sexual Offences Act known as the Romeo clause, a person whose age was similar to that of a sexually assaulted teenager could invoke that fact as a defence. However, as such defences were frequently devoid of convincing evidence, judges rarely took them into account.

In addition to representatives of the Ministry of Health, the Ministry of Education and the Child Care Board, the membership of the Coordinating Committee on the Rights of the Child included a child psychologist, a trade union representative, a representative of the National Disabilities Unit, a youth representative, a representative of a charitable organization, an attorney-at-law, members of civil society and a representative of the church.

Ms. Muhamad Shariff said that under the Sexual Offences Act the age of sexual consent was 16 years for both boys and girls. However, certain exceptions under sections 4 and 5 of the Act rendered the legislation inappropriate. For instance, section 4 prohibited sexual intercourse with a person who was under the age of 14 years, and section 5 stated that a person was not guilty of an offence if that person seriously believed that the other person was 16 years of age or more, was not more than 24 years of age, and had not been previously charged with the same or a similar offence.

Ms. Marshall-Harris (Barbados) said that the recommendations for amendment of the legislation would prohibit intercourse with a person aged 14 years. Ideally, the minimum age should be raised from 16 to 18 years, but that might be difficult to achieve. The recommendations also provided for removal of the Romeo clause. Section 4 (2) of the Act, which enabled a husband to invoke a defence for an act that could actually be deemed to constitute rape, would hopefully be deleted.

Ms. Nurse (Barbados), replying to a question raised at the previous meeting regarding immigration, said that all children born to Barbadian citizens after 30 November 1966 were granted citizenship by descent. The nationality of children born before that date was transmitted by paternity if the parents were married. If the father was not a Barbadian citizen and the mother was a citizen, the children would normally qualify for permanent residence. In fact, they were currently granted citizenship by registration in accordance with departmental policy. Children born out of wedlock to a female Barbadian citizen qualified for citizenship by descent, but they did not qualify if only the father was a Barbadian citizen.

Ms. Sandberg asked whether girls who were victims of sexual abuse had access to protection centres and rehabilitation services.

Ms. Nurse (Barbados) said that they were medically examined and in some cases hospitalized and provided with medical treatment and psychological counselling. If the perpetrator was a member of the girl’s household, she was placed with a relative or in foster or residential care. The police were informed and conducted the necessary investigations.

Ms. Sandberg asked whether girls who had been sexually abused in their household had access to hotlines or whether they tended to remain silent owing to the possibility of stigmatization.

Ms. Nurse (Barbados) said that the girls sometimes informed schoolmates, whose parents then contacted the Child Care Board or the abused girl’s parents.

Ms. Sandberg asked whether awareness-raising campaigns were conducted to encourage girls to report abuse and to inform them about the limits of acceptability.

Ms. Aho Assouma asked why the abortion rate in 2016 for girls in the 15-19 years age group was so high.

She also wished to know whether infants were ever detained with their mothers in custody.

Ms. Khazova said that she would appreciate information about the State party’s approach to inter-country adoption and to parental disputes concerning children residing in different countries.

Ms. Nurse (Barbados) said that many awareness-raising campaigns regarding sexual abuse were conducted through the media. In 2016, the Break the Silence campaign run by the Child Care Board had encouraged children to report abuse. The Good Touch/Bad Touch programme also familiarized primary and pre-primary schoolchildren with reporting procedures.

The delegation would respond to the question concerning abortion after conducting some research.

Ms. Marshall-Harris (Barbados) said that cross-border disputes were rare and effective legislation governing maintenance enforcement issues had been enacted. Reciprocal maintenance agreements had been signed with a number of States, and she had urged the authorities to ratify the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance.

The Child Care Board provided care facilities for children whose parents were detained. Infants were never held in custody with their parents.

Referring to the issue of juvenile justice raised at the previous meeting, she said that the juvenile justice bill that was about to be enacted would repeal the existing legislation, which dated from 1926 and 1932. It would raise the age of criminal responsibility to 12 years and the maximum age to which juvenile justice was applicable from 16 to 18 years. The criminal charge of “wandering” would be deleted. Children found in public places without adult guidance would be treated as children at risk, rather than as children in conflict with the law. The Child Care Board would assume responsibility for their welfare. A judicial officer would initiate an investigation into why children were “wandering”, and a decision regarding supervision would then be taken.

When juveniles appeared before a court, members of the community would be present to advise the judge on how to dispose of the case. The new system would therefore be based on restorative rather than punitive justice and on dialogue with the community. Children in conflict with the law would be offered counselling and encouraged to acknowledge their wrongdoing and offer an apology. Detention and reform school would be treated as a last resort. The maximum period to be spent in a reform school would be reduced from three years to one year, and the schools would be oriented towards rehabilitation rather than punishment. Moreover, they would no longer be designated as “Government Industrial Schools”, owing to the stigma attached to that name. Parents would be required to pay compensation where they were deemed to be responsible for children coming into conflict with the law. Youth panels would be established to encourage communities to look after young offenders. She had recommended that the bill should establish a specialized youth court. Minors would be assisted by specially trained attorneys, and community service instead of reform school would be recommended for young offenders in the 16-18 years age group.

Ms. Mohamad Shariff enquired about the availability of legal aid for children under the juvenile justice bill. She also wished to know whether detention “at Her Majesty’s pleasure” for children still existed.

The Chair asked whether children were segregated from adults in places of detention.

Ms. Marshall-Harris (Barbados) said that minors could not be incarcerated with adults. If, under extreme circumstances, a reform school could not provide safe accommodation, minors would be incarcerated in a special prison wing where they would have no contact with adults.

Detention “at Her Majesty’s pleasure” had been abolished. The Chief Justice was reviewing all past cases based on that system.

All children were entitled to legal aid, regardless of their parents’ attitude. Under the new system, they would be entitled to a specially trained children’s attorney free of charge.

Ms. Khazova asked whether legal aid was available in both civil and criminal cases.

Ms. Mohamad Shariff said that she would appreciate information on the procedure for seeking legal aid.

Ms. Marshall-Harris (Barbados) said that the Coordinating Committee on the Rights of the Child was conducting an awareness-raising campaign regarding young offenders’ rights and the procedure for seeking legal aid. They were entitled to free legal services in both civil and criminal cases.

Ms. Mohamad Shariff asked whether the general public, diverse stakeholders and children had been consulted about the juvenile justice bill.

She also wished to know whether the Chief Justice was reviewing cases based “on Her Majesty’s pleasure” without the assistance of other experts.

Ms. Marshall-Harris (Barbados) said that consultations had been conducted for the previous three years through town hall meetings, school visits and other events. Most of the children who had been consulted were at least 15 years of age.

The Chief Justice reviewed cases with three other judges of the Court of Appeal. As the Supreme Court registry monitored all cases, no relevant case would be omitted.

The Chair said that the Committee would appreciate answers to the questions raised concerning child labour at the end of the compulsory education cycle and the list of hazardous occupations.

Ms. Marshall-Harris (Barbados) said that children were sometimes employed in family businesses and older children occasionally worked in supermarkets during the Christmas holidays. However, there were no reports of child labour as defined by the International Labour Organization.

Ms. Aho Assouma said that it had been reported that the State party was a transit country for trafficked children, who were victims of sexual exploitation and forced labour. She wished to know why the anti-trafficking law approved by Parliament had not yet been promulgated.

Ms. Marshall-Harris (Barbados) said that she had no information regarding the allegation that Barbados was a hub for child trafficking. However, Barbados had signed and would shortly ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. In February 2011 it had adopted the Transnational Organized Crime (Prevention and Control) Act. In February 2012 it had established a National Task Force on Human Trafficking chaired by the Attorney General, which was composed of representatives of the Bureau of Gender Affairs, the Immigration Department, the Royal Barbados Police Force, the Ministry of Labour, the Ministry of Social Care, Constituency Empowerment and Community Development, the Office of the Director of Public Prosecutions, the Ministry of Defence and Security, the Ministry of Family, Culture, Sports and Youth, the Ministry of Foreign Affairs and Foreign Trade, and the Barbados Red Cross Society.

Ms. Sandberg (Country Rapporteur) welcomed the wide-ranging legislative reform process, particularly the juvenile justice bill and the proposed amendments to the Protection of Children Act. Corporal punishment should be fully prohibited in the State party’s legislation.

She noted that follow-up to the amended legislation might present challenges, for instance owing to the lack of resources for child protection work on the ground.

More vigorous action was needed to promote inclusive education for children with disabilities. She also encouraged the State party to focus on data collection and to establish an ombudsman’s office for children.

Mr. Blackett (Barbados) said that Barbados was ranked 57th in the United Nations Human Development Index published in 2015. The Government would therefore continue, as far as resources and capacity allowed, to provide an enabling environment in which children could realize their full potential. It would continue to support the expansion of pre-primary facilities, universal primary education, equal access to secondary education, and subsidized tertiary education.

The National Summer Camp Programme helped to create a cadre of community leaders and provided counselling and activities management training for young people.

Implementation of many of the Committee’s recommendations would depend on access to financial and other resources. Like many other small developing States, Barbados suffered from a shortage of qualified personnel who could monitor the implementation of human rights commitments, compile and analyse relevant data, and produce the requisite reports. He therefore hoped that the Committee would consider offering technical assistance that focused on the preparation of reports and the development of human rights education programmes.

The meeting rose at 12.55 p.m.