Experts of the Committee on the Rights of the Child Commend Saint Kitts and Nevis on its Exemplary Education Record, Ask Questions on the Prevalence of Corporal Punishment and Youth Gang Violence
The Committee on the Rights of the Child today concluded its review of the second periodic report of Saint Kitts and Nevis, with Committee Experts commending the State on its exemplary record for compulsory and free education, while raising questions on the prevalence of corporal punishment and youth gang violence.
Faith Marshall Harris, Committee Expert and Country Taskforce Coordinator, said Saint Kitts and Nevis should be commended for its excellent record for education which was exemplary and well-known in the region, due to the compulsory and free education.
Rinchen Chophel, Committee Vice Chair and Taskforce Member, said it was understood that corporal punishment was still lawful in the home and other settings. What were plans to prohibit corporal punishment in law and in all settings? How were positive methods of discipline being promoted? Ms. Marshall Harris asked if there had there been any developments on banning corporal punishment in schools?
Ms. Marshall Harris also said the State should also be given kudos due to the Gang Prohibition Act initiated in 2017. The State had been more progressive than most in getting this legislation to parliament. However, the provisions seemed to be wide; could this be clarified? Had this legislation worked? Had it decreased the prevalence of gangs? Mr. Chophel said the high prevalence of homicide among children relating to youth gang violence was a concern. What measures were being adopted to prevent such incidents?
The delegation said the law regarding corporal punishment was still in draft form. Social norms around discipline and punishment needed to be addressed. The Government had been engaging with the United Nations Children’s Fund and United Nations Women around behaviour change specialists to create the literature, training and public awareness campaigns in this regard. In prisons and institutions, corporal punishment had already been abolished; in children’s homes and schools, it had an adapted process; in homes, it remained a practice within. Conversations were being held with the religious community to ensure a holistic view. The country welcomed the sharing of any best practices for the abolishment of corporal punishment in the home.
The delegation said a 90-day campaign had been launched in Saint Kitts and Nevis to address youth violence, which included community engagement events. A national action plan would be drafted and presented to the public for full implementation in 2025. The Peace Programme was a direct initiative to address gang-related matters of recruitment, reform, and rehabilitation. A key aim was to restrict gang recruitment. The State was on the lookout for these groups and was looking at ways to provide alternative measures for teamwork and identification to these children.
Azilla Clarke, Permanent Secretary, Ministry of Social Development and Gender Affairs of Saint Kitts and Nevis and head of the delegation, presenting the report, said the tagline for the National Social Protection Strategy for the Federation was “making Saint Kitts and Nevis the best place to grow up and to grow old in”, which remained a fundamental vision for the Government. Ms. Clarke said the delegation looked forward to learning from the experiences of the Committee members while continuing to care, protect, and provide for children across Saint Kitts and Nevis.
In closing remarks, Ms. Marshall Harris thanked the delegation for an enlightening and encouraging dialogue. The State had promised to continue the review of child justice which was urgently needed, to continue the good work in education and review the curriculum, to continue and intensify efforts to eradicate poverty, and to continue with considerable efforts to counter gang activity. It was hoped these promises would be kept.
In her closing remarks, Ms. Clarke thanked all Committee members for their engagement and questions, which underpinned their commitment to protecting children, sharing best practices, and recognising progress made by Saint Kitts and Nevis. The State would endeavour to deliver on the promises made, with all activities being carried out in the best interests of the child.
The delegation of Saint Kitts and Nevis was comprised of representatives from the Ministry of Social Development and Gender Affairs; the Ministry of Foreign Affairs; the Ministry of Social Development; the Ministry of Health, Gender Affairs and Social Empowerment; the Ministry of Education; the Ministry of Health; the Ministry of Justice and Legal Affairs; the Probation and Child Welfare Board; and the Permanent Mission of Saint Kitts and Nevis to the United Nations Office at Geneva.
Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s ninety-eighth session and other documents related to the session can be found here.
The Committee will next meet in public at 3. pm on Monday, 20 January, to begin its consideration of the combined sixth and seventh periodic report of Peru (CRC/C/PER/6-7).
Report
The Committee has before it the second periodic report of Saint Kitts and Nevis (CRC/C/KNA/2).
Presentation of Report
AZILLA CLARKE, Permanent Secretary, Ministry of Social Development and Gender Affairs of Saint Kitts and Nevis and head of the delegation, introduced the delegation from Saint Kitts and Nevis. She said the tagline for the National Social Protection Strategy for the Federation was “making Saint Kitts and Nevis the best place to grow up and to grow old in,” which remained a fundamental vision for the Government. The report to the Committee and the responses to the list of questions provided a synopsis of the efforts of the Federation to attain that vision. Ms. Clarke said the delegation looked forward to learning from the experiences of the Committee members while continuing to care, protect, and provide for children across Saint Kitts and Nevis.
Questions by Committee Experts
FAITH MARSHALL HARRIS, Committee Expert and Country Taskforce Coordinator, said the State party should be congratulated for enacting modern legislation. In 2013, it was one of the first States in the region to enact legislation in compliance with the Convention in the area of child justice. However, there seemed to be difficulty with implementation. Why was the State only able to set up the Child Justice Committee in 2019? Had the review of the Child Justice Act taken place? What was the result of the review? The State should also be given kudos due to the Gang Prohibition Act initiated in 2017. The State had been more progressive than most in getting this legislation to parliament. However, the provisions seemed to be wide; could this be clarified? Had this legislation worked? Had it decreased the prevalence of gangs?
The Marriage Act still permitted marriage at the age of 15; was this being reviewed? Had there been any developments on banning corporal punishment in schools? It was noted that Saint Kitts and Nevis devised excellent plans and programmes in social protection and education, but they were not harmonised in a national plan. Why was one central plan not being considered? Had legislation been amended so the Child Welfare Board could be a coordinator of all activities related to the Convention? The level of the budget allocated to health, education and social protection was heartening. How were these budgets determined? The budget for education sat at 11 percent which was very good. However, some of this was going back to the treasury; could clarity on this be provided? There were issues relating to data collection, including a lack of disaggregated data.
RINCHEN CHOPHEL, Committee Vice Chair and Taskforce Member, said it was concerning that there were no laws which prohibited discrimination against a person due to sexual orientation and gender identity, among others. What was being done to do away with laws which discriminated against lesbian, gay, bisexual, and intersex children? How was the best interest of the child assessed in the impact of all laws and policies? The high prevalence of homicide among children relating to youth gang violence was a concern. What measures were being adopted to prevent such incidents?
What was the current situation regarding child sexual abuse and violence? What was being done to curb the rise in cases? What accessible, confidential mechanisms were available for children to report child abuse and violence? What protection was given to lesbian, gay, bisexual, and intersex children? It was understood that corporal punishment was still lawful in the home and other settings. What were plans to prohibit corporal punishment in law and in all settings? How were positive methods of discipline being promoted?
The age of consent of sexual activity was 16, yet marriage could be permitted at 15. What was the reality on the ground? Could data be provided on early and forced marriage? What measures were being taken to eliminate harmful practices and child marriage? It was concerning that there was no specific law or a national policy on disability. What measures were being implemented to address this concern? What was being done to combat stigma against disability?
BENYAM DAWIT MEZMUR, Committee Expert and Taskforce Member, said a high number of births were taking place in hospitals in Saint Kitts and Nevis, which led to a high level of birth registration; this was commendable? Had there been efforts to digitise the service relating to birth registration? Was statelessness an issue for the State party? Were there issues around ratifying the 1959 Convention on statelessness?
Parliament had passed a Freedom of Information Act in 2018 which gave the public access to Government documents. This was commendable. How had this law helped to improve the implementation of children’s rights? Internet penetration was very high in Saint Kitts and Nevis. How was it ensured that information accessed through the internet was appropriate for children?
AISSATOU ALASSANE SIDIKOU, Committee Expert and Taskforce Member, asked what measures were being taken to ensure there were no family breakdowns and that children could grow up within the family? Were there rules for alternative care? Were there rules for the foster families? Why were there not enough foster families in Nevis? What was being done when there was no more capacity among foster families to welcome children? What was being done to support foster families?
Responses by the Delegation
The delegation said the Child Justice Act was under review. It was a priority of the new administration to understand the challenges in implementing the Act. The legislative agenda for 2025 would include issues such as adjusting the age of sexual consent, guardianship and adoptions, and the Child Justice Act. The law regarding corporal punishment was still in draft form. Social norms around discipline and punishment needed to be addressed. The Government had been engaging with the United Nations Children’s Fund and United Nations Women around behaviour change specialists to create the literature, training and public awareness campaigns in this regard. The age of marriage was planned to be changed as a priority.
Laws relating to sodomy had been struck down, which could be seen in a case against the Secretary-General of Saint Kitts and Nevis in 2022. There were no laws which specifically addressed the issue of sexual orientation. However, the Saint Kitts and Nevis Constitution protected everyone against discrimination.
A 90-day campaign had been launched in Saint Kitts and Nevis to address youth violence, which included community engagement events. A national action plan would be drafted and presented to the public for full implementation in 2025.
With support from civil society, the State held a calendar of activities each year for the days of advocacy against all forms of violence. The State acknowledged the anomaly of the age of consent, and this had been added to the agenda and was prioritised to be addressed this year. Data indicated there was not a prevalence of marriage among children.
The Government had collaborated with the Governments of China and Taiwan to establish a national digital identification system. The digitisation of birth records, including health and birth registration, had begun. Statelessness was not an issue in Saint Kitts and Nevis. The concern about children’s access to the internet was noted. An online policy for children was under review, which looked at guidance for parents to establish parental controls and other measures. Work had been carried out to increase mediation training to address conflicts which arose from broken relationships in the home.
An out of home placement unit had been created which encompassed foster care and the children’s home. The State recognised foster care month in May and conducted a campaign to try and encourage people to join the foster care registry.
Questions by Committee Experts
FAITH MARSHALL HARRIS, Committee Expert and Country Taskforce Coordinator, said access to justice was a concern. Were there any specialised court proceedings for dealing with child witnesses? Were there particular protocols for questioning them? Was any legal aid available for children? How could non-governmental organizations and civil society be encouraged to become involved in children’s rights?
RINCHEN CHOPHEL, Committee Vice Chair and Taskforce Member, asked for more information about the issue of sexual orientation and discrimination? Was it correct that Saint Kitts and Nevis had no child marriage?
Responses by the Delegation
The delegation said the establishment of a family and children’s court remained a priority. Training for all stakeholders involved in child protection remained paramount, including police and teachers, among others. Every effort was being made for a child to give a testimony once, in the presence of all stakeholders required. There were a few child-related non-governmental organizations in the State and the Government was open to collaborating with these groups. The Constitution did not expressly add sexual orientation to the chapter on discrimination. However, each person had fundamental rights not to be discriminated against. Work was being carried out with Guidance Counsellors in schools to develop safe spaces for children.
There were no marriages of children under the ages of 18 in the court system. There was an influx of migrants of Indian descent who could have arranged marriages. The State would aim to respect their cultural beliefs while still upholding the laws.
Questions by Committee Experts
AISSATOU ALASSANE SIDIKOU, Committee Expert and Taskforce Member, asked if any families could be accepted as a foster family, or were there criteria to be met? How was it possible to check the quality of the services provided to children in foster families and care institutions?
In 2018, 17.1 per cent of people living in Saint Kitts and Nevis lived in poverty, with 42 per cent being children under the age of 14. What social protection measures were in place for these families to ensure they could face any crisis? Were there any programmes targeting vulnerable groups? How was the social welfare minimum standard implemented? What was the situation with the adoption of the Social Protection Policy which had been in the pipeline since 2018?
BENYAM DAWIT MEZMUR, Committee Expert and Taskforce Member, asked to what extent issues relating to drugs and tobacco use were being addressed through legislation and policies? How was the early warning system being deployed to address challenges children faced in exposure to drugs? The State’s immunisation record was very impressive, and all children received free health care. How was health care different between the two islands? How was the State addressing this disparity?
There was almost no information given on HIV/AIDS and sexually transmitted diseases; could this be provided? What had been the impact of COVID on the State party? What had been done to address these challenges? Saint Kitts and Nevis faced climate challenges, including hurricanes, tsunamis and water shortages. How was the State addressing water shortages, especially in schools?
FAITH MARSHALL HARRIS, Committee Expert and Country Taskforce Coordinator, said Saint Kitts and Nevis should be commended for its excellent record for education which was exemplary and well-known in the region, due to the compulsory and free education. Could the curriculum be changed? Could more information be provided about the lack of water in schools? It would be good to add human rights education into the curriculum, for children and parents. Were teachers adequately trained? There were some difficulties in mainstreaming children with disabilities which the State needed to address to achieve inclusive education.
It was admirable that Saint Kitts and Nevis had been welcoming migrants from Venezuela, Cuba, Haiti and the Dominican Republic, who could receive health care and education. However, the immigration policy needed to be finalised. The criminal age of responsibility was extremely worrying. There was a dual age, where a 10-year-old could be charged in the case of a serious offence. This needed to be addressed. It was concerning that 12-year-old children were permitted to work in the State. This was not really necessary. What kind of work would a 12-year-old do and why should they be allowed to do so?
The Expert commended Saint Kitts and Nevis for passing the legislation on trafficking. Were there any incidents of trafficking in the State party? There needed to be an independent mechanism so children could register and address complaints regarding violations of their rights. The gang activity was serious. There were 15 known gangs in Saint Kitts and Nevis with an average of 50 members each, some as young as 10. There was recruitment of children to these gangs. This was occurring throughout the regions. It was hoped the State would take on a leadership role and help the Committee tackle this issue.
Responses by the Delegation
The delegation said there had been significant progress made in regard to the school curriculum. Significant components of primary level education had been revised and were now being taught to several grades. The State was in the process of integrating education for sustainable development into the curriculum.
Water shortages in schools was an issue which was being addressed. Some schools were being equipped with water storage tanks and this would be increased through various institutions. It was ensured that air conditioning units were only installed where absolutely required. There were programmes for uniforms, school feedings, and buses. Teen pregnancy was an issue, and the teaching of sexual health and reproduction occurred in schools. However, it was still a conservative society, which had significant implications on the teen pregnancy rate. The State was focusing on how best to meet the needs of the children through the training of teachers.
The delegation said the global youth tobacco survey was recently completed in 2024, and an updated fact sheet had been developed. An act was passed in 2023 to protect minors and adults from second-hand smoking. On the island of Saint Kitts, all hospital services were free for children, except for select scans, and this was the same for the island of Nevis. In 2022, a children’s medical fund was established, which was used to support medical expenses for children. Voluntary testing for HIV/AIDS was offered at all hospitals. In 2023, 4,360 testing services were utilised.
Through the United Nations Children’s Fund project, schools had emergency water storage containers which were regularly maintained to address challenges relating to water shortages. Recently, an initiative was launched to provide funds to low earners. A draft national social protection policy aimed to provide a framework for benefits for vulnerable people.
Child protection services had been facing challenges owing to staffing and subsequent staff increases had been made to address this. A new prison system had been planned with a juvenile wing, but there were challenges with commencing the project. Currently, child prisoners were held in a separate building from adult prisoners but in the same compound. There would be internal discussions regarding the age of criminal responsibility. A training module had been developed as part of the juvenile justice reform project, which monitored law enforcement officers training. A committee had been established which specifically addressed child labour, and the issue of children being able to work from 12 years old would be looked into further. Data indicated the State did not have a pervasive issue of trafficking.
Work was being carried out to rehaul the Child Protection Board as a coordinating entity to oversee all activities when it came to children in the State. The Peace Programme was a direct initiative to address gang-related matters of recruitment, reform, and rehabilitation. A key aim was to restrict gang recruitment. The State was on the lookout for these groups and was looking at ways to provide alternative measures for teamwork and identification to these children.
Questions by Committee Experts
FAITH MARSHALL HARRIS, Committee Expert and Country Taskforce Coordinator, asked if Saint Kitts and Nevis was a signatory to the International Labour Organization Convention 138, where the minimum working age was 15? The age of compulsory education should be aligned with the minimum age of work. Twelve was quite young to begin work.
A Committee Expert asked if criminal prosecutions could really be launched against children aged 10 years old, which was a concern.
Another Expert congratulated the State on the achievement on registering all children born out of wedlock, which did not happen in every country. Was everyone able to receive the birth registration certificate? How was this process carried out? On islands, it was common for children to buy alcohol and tobacco and become addicted. What measures were being taken to combat this behaviour?
An Expert asked about the minimum age of criminal responsibility; what was currently been done about children below the age of 10 who committed crimes?
Responses by the Delegation
The delegation said the State noted the incongruency between the International Labour Organization Convention 138 and the minimum labour age and would address this. There were opportunities to charge a child between 10 and 12 for a grievous matter, if it could be determined the child understood that what they had done was wrong. The Child Justice Act stipulated how a child who committed an offence would be dealt with. They were not placed under strict criminal liability as an adult.
From birth, the child’s name would be filed with the birth registry and their birth certificate would be issued. The issue on the island of Nevis was acknowledged, and this would be addressed. There should be no encumbrance to obtain a child’s birth certificate.
Saint Kitts and Nevis had a breastfeeding programme which had pilot clinics in communities, working with parents to promote breastfeeding. Public health pre-natal clinics provided all testing to support the birth of a healthy child. The age for the consumption of alcohol was 18, and there were strict penalties applied for businesses who supplied alcohol to children.
There were psychiatrists on the island to assist with mental health, as well as the Mental Health Centre. There was a psychiatric ward at the hospital for committals of adults and children.
Questions by Committee Experts
BENYAM DAWIT MEZMUR, Committee Expert and Taskforce Member, said in the event of disasters, accessibility needed to be taken into account for children with disabilities. Was there a document that addressed this? What measures was the Government taking, both in and out of school, to address challenges relating to child obesity?
FAITH MARSHALL HARRIS, Committee Expert and Country Taskforce Coordinator, said she had read that Saint Kitts and Nevis had declared that schools could no longer be used as hurricane shelters. This was a significant development, as schools could be shut down for many months due to hurricanes which deprived children of education. Was this true? If so, it was hoped this would be exported to the rest of the Caribbean as it was an excellent move. Was the Ombudsman for Children functioning? If so, what was its current role? How would the possible ratification of the Convention against Torture impact corporal punishment in the State party?
Another Expert said Saint Kitts and Nevis was one of the first States to ratify the Convention, but still had not ratified the Optional Protocol on children in armed conflict and the other Optional Protocols. Was there a discussion underway in this regard?
Responses by the Delegation
The delegation said schools were not used as long-term shelters, but only for pre-strike and immediately post impact.
The Ombudsman’s position had been filled at the start of the current administration. The Government would alert the Ombudsman of their responsibility to submit reports to the Committee.
The State would endeavour to have necessary discussions around the Optional Protocol on children in armed conflict; its adoption was noted as an action item of high priority.
In prisons and institutions, corporal punishment had already been abolished; in children’s homes and schools, it had an adapted process; in homes, it remained a practice within. There was space to begin to have constructive conversations with parents on alternative forms of discipline. Conversations were being held with the religious community to address this issue to ensure a holistic view. The last sphere for abolition was the home, and the State had requested help from the United Nations Children’s Fund to help change the pervasive attitude on corporal punishment. The country welcomed the sharing of any best practices for the abolishment of corporal punishment in the home.
Closing Remarks
FAITH MARSHALL HARRIS, Committee Expert and Country Taskforce Coordinator, thanked the delegation for an enlightening and encouraging dialogue. The State had promised to continue the review of child justice which was urgently needed, to continue the good work in education and review the curriculum, to continue and intensify efforts to eradicate poverty, and to continue the considerable ongoing efforts to counter gang activity. It was hoped these promises would be kept. Speaking for herself, Ms. Marshall Harris said the Committee was prepared to travel to Saint Kitts and Nevis if the delegation could not come to Geneva.
AZILLA CLARKE, Permanent Secretary, Ministry of Social Development and Gender Affairs of Saint Kitts and Nevis and head of the delegation, extended apologies that the delegation had not been present in Geneva and would advocate for future meetings to take place in the region. Ms. Clarke thanked all Committee members for their engagement and questions, which underpinned their commitment to protecting children, sharing best practices, and recognising progress made by Saint Kitts and Nevis. The State would endeavour to deliver on the promises made, with all activities being carried out in the best interests of the child.
Produced by the United Nations Information Service in Geneva for use of the media;
not an official record. English and French versions of our releases are different as they are the product of two separate coverage teams that work independently.
CRC25.005E