Committee on Rights of Child examines report of Grenada

Committee on the Rights of the Child
31 May 2010

The Committee on the Rights of the Child today reviewed the second periodic report of Grenada on how that country is implementing the provisions of the Convention on the Rights of the Child.

Introducing the report, Sylvester Quarless, Minister of Social Development of Grenada, said the report highlighted the many challenges that affected the total fulfilment of the obligations under the Convention, with one of the most significant challenges being the impact of the Hurricanes Ivan in 2004 and Emily in 2005. The devastating effects of these natural disasters could not be overstated, Mr. Quarless said, adding that this had inevitably compromised Grenada’s ability to meet all its obligations as outlined in the Convention and other international agreements. Nevertheless, the Government remained committed to the full implementation of both the letter and spirit of the Convention, as demonstrated by Grenada’s continued efforts to establish laws and policies that promoted the objectives of the Convention. Although the progress had not always been consistent or sustained, there had been notable developments during the period under review that clearly indicated Grenada’s ongoing commitment to meet its obligations under the Convention and its continued struggle for the full recognition of children's rights.

In preliminary concluding remarks, Committee Expert Maria Herczog, who served as Rapporteur for the report of Grenada, said that the Committee understood that Grenada was putting significant efforts into improving the well-being and welfare of children and into implementing the Convention. Nevertheless, there were many difficulties in doing so, including the economic situation, the hurricanes, and Grenada’s geographical specificities which made it complex to fulfil all plans.

Other Experts raised a series of questions during the discussion, including whether Grenada had harmonized its different legislation; whether the many draft bills had been implemented or piloted so far; why Grenada had not yet acceded to the Hague Convention; whether steps had been taken to re-collect data lost due to the hurricanes; how the Government intended to tackle corporal punishment; whether families were given any support after the short paid maternity leave; whether the causes of gender-bias in adoption processes had been determined; and whether all personnel who worked with children received appropriate training. Committee Experts also expressed concerns that most children were apparently not given a name until the pre-primary school and that the mother’s occupation and address were not registered on birth certificates.

The Committee will release its formal, written concluding observations and recommendations on the report of Grenada towards the end of its three-week session, which will conclude on Friday, 11 June 2010.

The delegation of Grenada also included the Chief Welfare Officer of the Ministry of Social Development of Grenada.

As one of the 193 States parties to the Convention, Grenada is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.

When the Committee reconvenes in public, at 10 a.m. on Wednesday, 2 June, it will start its review of the third and fourth periodic reports of Belgium (CRC/C/BEL/3-4) and its initial report under the Optional Protocol on the sale of children, child prostitution and child pornography (CRC/C/OPSC/BEL/1) in Chamber A. In Chamber B the Committee will begin consideration of the third and fourth periodic reports of Argentina under the Convention (CRC/C/ARG/3-4) and its initial reports under the two Optional Protocols to the Convention on the involvement of children in armed conflict (CRC/C/OPAC/ARG/1) and on the sale of children, child prostitution and child pornography (CRC/C/OPSC/ARG/1).

Report of Grenada

The second periodic report of Grenada (CRC/C/GRD/2) notes that significant advances have been made in programming in response to HIV/AIDS, including the establishment of a national HIV/AIDS directorate and the adoption of a National Strategic Plan for HIV/AIDS. In addition, a National Policy on HIV/AIDS was adopted in 2007, with the broad themes centring the programme on the promotion of positive and responsible sexual behaviour, the promotion of human rights and the reduction of stigma and discrimination. Emphasis was placed on the reduction of HIV/AIDS through mother-to-child transmission and intravenous drug use. The policy also attempts to enforce the law as it relates to under-age sexual activity; that is, that it is illegal to engage in sexual intercourse with a minor below the age of 16. Particular attention is given to gender mainstreaming to address the differential impact of HIV/AIDS on boys and girls, and to ensure that gender inequalities are addressed in the design, planning, implementation, monitoring and evaluation of programmes. Nevertheless, the study that the Committee has recommended to improve understanding of the scope of adolescent health problems in Grenada has not been conducted and there have not been any initiatives to develop youth-friendly care, counselling and rehabilitation facilities for adolescents.

In terms of programming against child abuse, one of the highlights has been the development and ratification by the Cabinet of a Child Abuse Protocol. That Protocol specifies the respective responsibilities of each stakeholder in responding to child abuse and provides guidelines for handling such cases. While some aspects of the Protocol have been implemented, those providing for mandatory reporting have not been enforced as the Ministry and related agencies do not yet have the capacity to place large numbers of children who are at risk. The Grenada National Coalition on the Rights of the Child has also designated the month of April of each year “Child Abuse Awareness and Prevention Month.” During that month, high-profile activities are held throughout the State, aimed at highlighting the problem of child abuse and advocating efforts to combat it. These efforts have been very successful and are considered to be partly responsible for the increase in reported cases of child abuse. Other advocacy efforts to support child protection include educational sessions at school and community level as well as media programmes and the implementation of a Child Abuse Register.

Presentation of Report

SYLVESTER QUARLESS, Minister of Social Development of Grenada, said the second report of Grenada addressed the State Party’s initiatives and achievements in protecting the rights of the child for the period 2000 to 2007. This report was filed in compliance with the requirement that States Parties provide and update on all measures taken to give effect to the rights set forth in the Convention and the general progress made in the enjoyment of those rights.

The report detailed the consideration given to the concluding observations of the Committee in relation to the initial report of Grenada that was reviewed in 2000. It also highlighted the many challenges that affected total fulfilment of the obligations under the Convention, with one of the most significant challenges being the impact of the Hurricanes Ivan in 2004 and Emily in 2005 which disrupted all aspects of life in Grenada. The devastating effects of these natural disasters could not be overstated, Mr. Quarless said, adding that this had inevitably compromised Grenada’s ability to meet all its obligations as outlined in the Convention and other international agreements.

Nevertheless, the Government remained committed to the full implementation of both the letter and spirit of the Convention, as demonstrated by Grenada’s continued efforts to establish laws and policies that promoted the objectives of the Convention.

Although the progress had not always been consistent or sustained, there had been notable developments during the period under review that clearly indicated Grenada’s ongoing commitment to meet its obligations under the Convention and its continued struggle for the full recognition of children's rights.

Questions by Experts

MARIA HERCZOG the Committee Expert serving as Rapporteur for the Report of Grenada, said Grenada had made significant improvement in all areas of social development, including child welfare and protection. The Government had undertaken some legislative actions as a member of the Organization of the Eastern Caribbean States (OESC). In 2003, a new governmental structure of the Ministry of Social Development, where all children and family matters were dealt with, was established. In the sub-regional framework, law reforms were introduced on family and domestic violence, and four draft bills were awaiting Parliament’s approval, the Rapporteur said.

Ms. Herczog said the Government of Grenada had expressed its commitment to fully implement the Committee’s concluding observations, and many other bills had been drafted, but the Committee had no information on whether these had been implemented or piloted so far. Could the delegation provide information on that, particularly on the Status of Children Bill, the Child Care and Adoption Bill, the Juvenile Justice Bill and the Domestic Violence Bill?

Ms. Herczog then went on to say that Grenada had not yet ratified the new Convention on the Rights of Persons with Disabilities. The Committee would like to know whether it was planning to do so and for what reason Grenada had not yet acceded to the Hague Convention?

The Rapporteur said she appreciated Grenada’s adoption of alternative forms of sanctions but this had not been accompanied by the total ban of corporal punishment. While acknowledging Grenada’s problems which partly related to human resources, the Committee was wondering what solutions Grenada envisaged to tackle this issue?

On the issue of data collection, had any steps been taken to re-collect data lost due to the hurricanes and was there any comprehensive strategy in that regard, Ms. Herczog further asked. She said a new data system had been introduced.

The Rapporteur said that it remained of concern to the Committee that no Ombudsman has been appointed yet although this had been planned by the Government earlier.

According to Ms. Herczog the achievements regarding free primary education and the Government’s efforts to provide free books to school children were impressive but it was not known how much money was spent on families and children.

Other Experts then asked, with regards to the status of the Convention in Grenada, whether judges had been taking into consideration the Convention’s provisions when making their judgments? Committee Experts went on to ask whether Grenada’s different legislation had been harmonized and whether the Child Protection Act of 1999 had been reviewed and updated.

The delegation was also asked whether all personnel who worked with children received appropriate training.

On the issue of the Ombudsman, a Committee Member wanted to know what the Ombudsman’s mandate was, whether he had been receiving complaints, and what steps had been taken to give him full power to conduct his mandate. And could a child really complain against child abuse?

Committee Experts then turned to the coordination of a national plan on children's rights and asked whether the delegation could explain how the ministries collaborated regarding that plan and how they worked together with other stakeholders.

The delegation was also asked what had been done to encourage members of families and teaching staff to listen to children.

Another issue related to the business community. A Committee Expert asked what the role of the business community was in Grenada, what measures had been taken to ensure social sustainability, and whether the Government had conducted monitoring and evaluation to ensure that everything was going well?

On the issue of birth registration of children, Committee Experts noted that most children were apparently registered but they were not given a name and continued to be addressed as ‘baby’ until the pre-primary school. Also, while the father’s occupation and address were registered on the birth certificate, the mother’s details were not included. What explanation could the delegation give for these practices, and could it please clarify whether children that were born out of wedlock were also registered in Grenada?

Committee Members experts observed that in adoption processes there was a gender-bias in favour of girls and asked whether studies had been conducted to determine the reasons for this. Regarding domestic adoptions specifically, there seemed to be no clear procedures, the Expert noted, wanting to know what steps had been taken to ensure that the Government could appropriately monitor such adoptions.

Response by Delegation

SYLVESTER QUARLESS, Minister of Social Development of Grenada, responding to those questions and others, said the Government was committed to pass four bills this year, namely the Status of Children Bill, the Child Care and Adoption Bill, the Juvenile Justice Bill and the Domestic Violence Bill. A consultant and the United Nations Children's Fund would facilitate the implementation of these laws. The consultant would work with various stakeholders. He would review legislation to move forward with the legislative reform agenda, and prepare a plan for the professional development of relevant stakeholders, Mr. Quarless said.

Mr. Quarless acknowledged that Grenada’s laws did not sufficiently reflect the provisions of the Convention and that the model bills had not been made national laws. It was for that reason that the Government intended to pilot and implement the afore-mentioned four bills. As for the Family Code, Mr. Quarless said the Organization of the Eastern Caribbean States was preparing draft legislation based on the family division model and that Grenada would consider that legislation.

Committee Experts wondered whether political parties would adopt this legislation and whether it was likely that they and the people in general would accept the changes emanating from these laws?

The delegation responded that consultations with political parties and other stakeholders had been undertaken and that the process was ongoing. Two of the four bills would hopefully be implemented in the next two months, the delegation said, adding that the changes resulting of these four pieces of legislation were not very significant.

The delegation then turned to the issue of accession to international instruments. It expressed its hope that Grenada would ratify the Hague Convention by the end of 2010 and said the Government had initiated steps for ratifying the Convention on the Rights of Persons with Disabilities. As for the Optional Protocol on the sale of children, child prostitution and child pornography and the Optional Protocol on the involvement of children in armed conflict, these would be considered at the end of 2011 as Grenada’s situation was not very problematic with regards to those areas, Mr. Quarless explained.

Responding to questions related to the Ombudsman’s Office, the delegation said the Office had been established. Measures were currently being taken to recruit staff who would deal with children's rights but it was too early to say when the Office would be operational.

The delegation then said the Government appreciated the importance of education for children’s development and sought to maintain budgetary allocations to education at about 16 per cent of the national budget.

Mr. Quarless went on to say that the national parenting programme has been re-established, based on the assumption that good parents could help children adopt good behaviours. Since 2006, 150 parents had completed the training course that included training on communication, discipline and punishment, conflict management, managing finances, and helping children to develop moral values.

The delegation went on to comment on the national plan of action for children. It said Grenada had only 100,000 inhabitants, making technical expertise one of the key challenges Grenada was facing in that regard. Moreover, it would be more prudent to complete all relevant policies so that the national plan of action for children could build on these.

The delegation then turned to the Committee’s concerns about data collection, saying that was one of the country’s main challenges and one of the things on which the Government was working assiduously.

Experts then said Grenada’s gender policy did not take into account article 2 of the Convention. The delegation said one of the challenges was boys’ relatively low achievements in education. For this reason, most areas that were previously male-dominated were slowly being taken over by women. Nevertheless, the Government had been working towards correcting this trend.

On the cooperation of the Ministry of Social Development, the delegation explained that any major programme was conducted in consultation with all relevant ministries, as well as other stakeholders, to make best use of the available expertise.

Following up on this explanation, Committee Experts asked about the consultations that Government ministries undertook with civil society and asserted that civil society organizations could provide assistance in terms of trained personnel. How was civil society concretely integrated into such projects, if at all, and at what stages of a project?

There was in fact collaboration with civil society, the delegation responded, giving the example of a juvenile offenders programme to which civil society had contributed and in which it had been involved at all stages.

According to the delegation, most children were represented when going before court or High Court so that the children’s views were taken into account and their rights ensured.

The delegation informed the Committee that the age of criminal responsibility was seven years of age. However, in practice children under the age of 16 were treated as juveniles and the new legislation would raise the age of criminal responsibility.

A Committee Member noted that corporal punishment was authorized in schools and detention facilities, asking what had been done in that regard.

The delegation said the 2002 Education Act specified that corporal punishment could only be used in school by principals or assistant principals. Furthermore, corporal punishment was rarely used in practice, the delegation asserted, saying guidance counsellors were in place to help teaching staff to deal with issues in school without resorting to corporal punishment.

Committee Experts responded that the culture with regards to corporal punishment could be changed in a relatively short time given the small size of Grenada.

The delegation then turned to the issue of birth registration and said most births took place in a medical facility and births were generally registered. The practice was that children be named immediately at birth and only in very few instances were children not registered by the age of three. As for the question on why the mother’s name was not recorded on birth certificates, the delegation said the Government had not yet looked into that issue.

On the issue of discrimination against specific groups of children, the delegation said children born out wedlock were not discriminated against in terms of access to justice. There was a challenge regarding girls who became pregnant while in school, but girls who gave birth when they were between 15 and 18 years of age could complete secondary education through afternoon classes and younger mothers were assisted through government-run support programmes.

Committee Members then asked whether children born out of wedlock could inherit from their parents.

The delegation responded that the law provided for this but that in practice this was not always the case due the cultural practices.

Questions by Experts

MARIA HERCZOG the Committee Expert serving as Rapporteur for the Report of Grenada, asking further questions, wanted to know whether efforts had been made to change the fact that Grenada did not have a single baby-friendly hospital. The Rapporteur also wanted to know whether measures had been taken to inform the population on contraception measures, particularly to avoid teenage pregnancies.

Ms. Herczog then asked for more information on pre-school early development programmes and whether there were plans to improve these?

On the issue of maternity leave, the Rapporteur observed that employed women were only given 12 weeks of paid maternity leave and other women were only given 8 weeks of maternity leave. Was there any support to the family after this very short maternity leave?

Concerning the strong punishment of homosexuality, Ms. Herczog requested information on what happened to a child who recognized that it or its parents were homosexual, and what the Government’s response was from a child rights-perspective.

Response by the Delegation

Responding to those and other questions, Mr. Quarless said, with regards to the questions about health and the lack of a baby-friendly hospital, that the Government encouraged that fathers be present at the time of birth and encouraged breastfeeding for up to four months.

On that point, Ms. Herczog asked how it could be ensured that the presence of fathers did not disturb other women giving births. Mr. Quarless responded that with two to three deliveries per day it was not very difficult to make sure that birth-giving women were not disturbed by the presence of men.

Mr. Quarless went on to say that the Government had in place a programme on sex education and recommended contraceptives to children above the age of 16. Nevertheless, one of the dilemmas was that sex education was difficult to teach in the many church schools. Popular opinion was another obstacle, Mr. Quarless said, adding that behaviour change was a slow process.

The delegation said that the phenomena of children missing school had been significantly improved through the introduction of school attendance officers, and school attendance was much better regarding primary schools as these were in walking distance for most citizens. Nevertheless, the issue also had economic roots which were more difficult to tackle.

The delegation agreed that school curricula should be improved and said that the Government had recognized that what was taught at school needed to be better adapted to what was needed at the work place, adding that the Ministry of Education was attempting to close that gap.

On early child-hood, the Government had been implementing a programme which would be expanded in the coming months.

The delegation went on to say that Grenada’s Government would welcome assistance for its training initiatives and that the international community could help it run child victim protection schemes.

Financial assistance was provided to single mothers if fathers did not pay the contribution determined by court and the matter was brought back to courts. While the Government did not have a fund to provide maintenance, Grenada’s safety net kicked in at this point to augment the family income.

A Committee Member then asked whether mothers were assisted in getting access to courts. The delegation confirmed that that was the case, adding that forthcoming legislation would include mediation as a means to deal with such issues instead of going to court. However, there was a cultural taboo on such issues.

Turning to juvenile justice, the delegation said first time offenders were usually managed without major problems, but re-offenders were a great challenge for Grenada. While counselling was the preferred option, this was not a solution for regular offenders, some of whom had been incarcerated for limited periods of time as a last resort. However, the Government was also looking at alternative sentencing options and was running a ‘youth at risk programme’ that included life skills, education and counselling. Grenada sought support from friendly Governments to maintain its existing juvenile justice schemes as the United Kingdom was withdrawing its support.

On that point, the Rapporteur observed that it was clear that foster care was much cheaper than institutionalized care and asked whether it would therefore not be more rational to develop that system? The delegation agreed, saying that that model had in fact been discussed and the Government had been planning to recruit new staff for foster care.

There were approximately 80 children in foster care and some children were being supervised in their homes as victims of child abuse. Most challenges were budgetary, the delegation said, adding that foster care was to date financed by an external agency. That agency has now handed over the task to the Government which would therefore very much welcome external technical assistance in that regard.

A Committee Member then asked whether children with disabilities were blended into the foster care scheme or whether special arrangements were made for them. The delegation responded that children with disabilities were included in the general foster care scheme and that the Government attempted to deal with the needs of such children on a case-by-case basis.
With regards to prostitution, the delegation said Grenada was not one of the hot spots and the Government would undertake every effort to keep it that way. The country’s legislation criminalized prostitution and the Government was working with law enforcement agents on that issue.

The delegation then informed the Committee that training of police officers and prosecutors was an area that needed some development, not only regarding prosecutors and police, but for all persons who were working with children. Some training had been conducted, the delegation said, but acknowledged that much remained to be done.

Answering the question about Grenada’s abuse hotline, the delegation said there were only a few reports of sexual abuse due to feelings of shame and guilt. Children were aware of their rights but they were easily victimized, and as Grenada was relatively small there could be little guarantee to remain anonymous. In many cases incest complaints separated families and placed the child in the middle of a family controversy that eventually resulted in the child being chased away.

The delegation then turned to the Committee’s concerns about adoption. About 80 per cent of adoptions were to relatives of children and adoptions to people outside of Grenada were very uncommon as Grenada had not signed the Hague Convention. As for the gender-bias in adoption, that could be explained by the fact that girls were easier to handle and could assist with domestic duties.

Asked whether children under the age of 16 could work if they received a license by the Ministry of Labour, the delegation said that was possible but quite rare as children must have completed secondary school to receive such a permit.

In terms of responses to drug abuse by children, there was a drugs secretariat under the Ministry of Education to which exposed children were referred with the aim of discouraging them from using alcohol and drugs the delegation said, but acknowledged that efforts in this area needed to be stepped up.

On the topic of harmful traditional practices, such as female genital mutilation, a Committee Member asked whether that existed in Grenada. The delegation said this was not the case.

Preliminary Concluding Observations

MARIA HERCZOG, the Committee Expert serving as Rapporteur for the Report of Grenada, in preliminary concluding observations, said what had been learned today was that in all cases the questions were easier than the responses. The Committee understood that Grenada was putting significant efforts into improving the well-being and welfare of children and into implementing the Convention. Nevertheless, there were many difficulties in doing so, including the economic situation, the hurricanes, and Grenada’s geographical specificities which made it complex to fulfil all plans. The Committee had learned today that all bills and legislations were on their way but that none except that relating to the Ombudsman had been implemented yet. Ms. Herczog hoped that this year would bring a lot of new legislation and wished the very best to the children of Grenada.

SILVESTER QUARLESS, Minister of Social Development of Grenada, thanked the Committee for having this opportunity to outline the challenges Grenada faced as well as the plans and policies the Government intended to pursue. Grenada would make sure that the four pieces of legislation would be piloted this year, Mr. Quarless said, underscoring that the Government would continue its efforts despite the economic downturn, which should not serve as an excuse. Mr. Quarless thanked the Committee and looked forward to its ongoing support as Grenada continued developing programmes and policies aimed at ensuring the well-being of children.

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