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COMMITTEE ON RIGHTS OF CHILD CONTINUES REVIEW OF BELIZE'S REPORT ON MEASURES TO IMPLEMENT CONVENTION
14 January 1999
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AFTERNOON
The Committee on the Rights of the Child this afternoon continued its review of the report presented by the Government of Belize on efforts to implement the provisions of the Convention on the Rights of the Child in that country.
A number of the Committee's 10 independent human rights experts underlined that the minimum ages for marriage and criminal responsibility of a child were abnormally low and urged the Government to raise them. Some experts said that a child was not mature enough to judge the nature and consequence of his or her actions at the age of 7 years.
The delegation of Belize told the Committee experts that the Government had no plans at present to raise the legal minimum ages of marriage from 14 years and criminal liability from 7. However, it said there appeared to be a need to review the laws to improve standardization of ages of majority, and of the associated definitions used.
Belize, as one of the 191 States parties to the Convention, must present periodic summaries to the Committee on measures undertaken to comply with the provisions of the treaty.
When the Committee reconvenes at 10 a.m. on Friday, 15 January, it will conclude its consideration of Belize's report by offering its preliminary observations and recommendations.
Discussion
A number of Committee experts raised questions on issues pertaining to the translation of the Convention to languages other than English; the creation of a focal point for non-governmental organizations; problems of remote school locations; influx of refugees; child adoption; age limit for conscription in the army; and the status of children born out of wedlock.
Some experts said that the age of criminal responsibility at 7 years was abnormally low and that it was a matter of great concern. The experts said a child was not mature enough to judge the nature and consequence of his or her actions at the age of 7, and asked that the age be raised. There was a need to consider seriously questions relating to the legal definition of the child, particularly the low age of criminal responsibility and the minimum age of marriage which was 14 years. A child of 14 years was not emotionally and physically ready for marriage, some experts said. They recommended that the Government undertake a legislative review to remove the discrepancies and to improve consistency with article 1 of the Convention.
A question was also raised on how to solve the problem of drug addiction among youth. According to the report presented by Belize, the combined domestic efforts of North American drug trafficking containment, lack of education and employment opportunities, and rising levels of poverty among large sectors of the population indicated the complexity of adequately dealing with the problem. For many Belizeans, drug abuse had been considered as an acceptable lifestyle choice for young people, the report affirmed.
In response to the numerous questions raised by Committee experts, the members of the Belize delegation said that although most of the population spoke Creole, the translation of the Convention into that language was not possible because of the unwritten nature of the language. The Convention had been translated, in simplified form, into Spanish and English. Other languages spoken in Belize included Garifuna Mopan Maya, Kek'chi Maya, Hindi, Sindi, and various Indian and Chinese languages. The Government planned to translate the Convention into as many of those languages as was possible.
With regard to the definition of the child, the delegation acknowledged that the age of 7 years for criminal liability and 14 years for marriage were low. However, the country's Marriage Act stipulated that parental consent was required for the marriage of any person aged 14 years but less than 18 years. The country's criminal law exempted a child under 7 years of age from criminal liability while a person under 18 years of age was liable to fines or imprisonment if convicted.
Further, a child between the ages of 7 and 12 years inclusive who was not mature enough to judge the nature of his or her actions was also exempted from criminal responsibility. The Government of Belize had at present no plans to raise those minimum ages, however, there appeared to be a need to review the laws to improve standardization of ages of majority, and of the associated definitions used, said the delegation.
Concerning refugee children, the delegation affirmed that the majority of refugee children had been incorporated into the national educational school system and enjoyed all rights and privileges of children who were Belizean nationals. However, according to the country analysis document submitted to the Committee, refugees and immigrants had poorer living conditions than Belizeans living in the same or similar communities. Moreover, housing, earnings and access to safe water, sanitation, and health care facilities were all below the standard enjoyed by Belizean-born citizens.
Regarding domestic violence, the delegation said that the law provided for a court of summary jurisdiction to grant to an applicant a protection order against a perpetrator. The victim also had the right to live in the dwelling previously shared with the offender to the exclusion of the offender. Nevertheless, there was a relative lack of specific counselling for the victims of domestic violence and a shortage of shelters for victims. The delegation suggested that a specially trained domestic violence unit of the Police Force needed to be established.
The question of prohibition of the use of corporal punishment in schools and institutions was also raised again to which the delegation affirmed that despite greater awareness of the limited benefits of corporal punishment, and of more constructive alternatives, such force was still widely in use in the country. In addition, acceptance of corporal punishment reflected widespread public opinion and values. The Government had taken measures according to which corporal punishment might only be administered as a last resort and in a way that would not cause bodily harm to the student, added the delegation.
Several experts further raised questions on such issues as the reproductive health system; violence among children and bullying in schools; discrimination against disabled children; family and institutional care of children; basic health and child welfare; mortality rates; and child adoption.
The Committee on the Rights of the Child this afternoon continued its review of the report presented by the Government of Belize on efforts to implement the provisions of the Convention on the Rights of the Child in that country.
A number of the Committee's 10 independent human rights experts underlined that the minimum ages for marriage and criminal responsibility of a child were abnormally low and urged the Government to raise them. Some experts said that a child was not mature enough to judge the nature and consequence of his or her actions at the age of 7 years.
The delegation of Belize told the Committee experts that the Government had no plans at present to raise the legal minimum ages of marriage from 14 years and criminal liability from 7. However, it said there appeared to be a need to review the laws to improve standardization of ages of majority, and of the associated definitions used.
Belize, as one of the 191 States parties to the Convention, must present periodic summaries to the Committee on measures undertaken to comply with the provisions of the treaty.
When the Committee reconvenes at 10 a.m. on Friday, 15 January, it will conclude its consideration of Belize's report by offering its preliminary observations and recommendations.
Discussion
A number of Committee experts raised questions on issues pertaining to the translation of the Convention to languages other than English; the creation of a focal point for non-governmental organizations; problems of remote school locations; influx of refugees; child adoption; age limit for conscription in the army; and the status of children born out of wedlock.
Some experts said that the age of criminal responsibility at 7 years was abnormally low and that it was a matter of great concern. The experts said a child was not mature enough to judge the nature and consequence of his or her actions at the age of 7, and asked that the age be raised. There was a need to consider seriously questions relating to the legal definition of the child, particularly the low age of criminal responsibility and the minimum age of marriage which was 14 years. A child of 14 years was not emotionally and physically ready for marriage, some experts said. They recommended that the Government undertake a legislative review to remove the discrepancies and to improve consistency with article 1 of the Convention.
A question was also raised on how to solve the problem of drug addiction among youth. According to the report presented by Belize, the combined domestic efforts of North American drug trafficking containment, lack of education and employment opportunities, and rising levels of poverty among large sectors of the population indicated the complexity of adequately dealing with the problem. For many Belizeans, drug abuse had been considered as an acceptable lifestyle choice for young people, the report affirmed.
In response to the numerous questions raised by Committee experts, the members of the Belize delegation said that although most of the population spoke Creole, the translation of the Convention into that language was not possible because of the unwritten nature of the language. The Convention had been translated, in simplified form, into Spanish and English. Other languages spoken in Belize included Garifuna Mopan Maya, Kek'chi Maya, Hindi, Sindi, and various Indian and Chinese languages. The Government planned to translate the Convention into as many of those languages as was possible.
With regard to the definition of the child, the delegation acknowledged that the age of 7 years for criminal liability and 14 years for marriage were low. However, the country's Marriage Act stipulated that parental consent was required for the marriage of any person aged 14 years but less than 18 years. The country's criminal law exempted a child under 7 years of age from criminal liability while a person under 18 years of age was liable to fines or imprisonment if convicted.
Further, a child between the ages of 7 and 12 years inclusive who was not mature enough to judge the nature of his or her actions was also exempted from criminal responsibility. The Government of Belize had at present no plans to raise those minimum ages, however, there appeared to be a need to review the laws to improve standardization of ages of majority, and of the associated definitions used, said the delegation.
Concerning refugee children, the delegation affirmed that the majority of refugee children had been incorporated into the national educational school system and enjoyed all rights and privileges of children who were Belizean nationals. However, according to the country analysis document submitted to the Committee, refugees and immigrants had poorer living conditions than Belizeans living in the same or similar communities. Moreover, housing, earnings and access to safe water, sanitation, and health care facilities were all below the standard enjoyed by Belizean-born citizens.
Regarding domestic violence, the delegation said that the law provided for a court of summary jurisdiction to grant to an applicant a protection order against a perpetrator. The victim also had the right to live in the dwelling previously shared with the offender to the exclusion of the offender. Nevertheless, there was a relative lack of specific counselling for the victims of domestic violence and a shortage of shelters for victims. The delegation suggested that a specially trained domestic violence unit of the Police Force needed to be established.
The question of prohibition of the use of corporal punishment in schools and institutions was also raised again to which the delegation affirmed that despite greater awareness of the limited benefits of corporal punishment, and of more constructive alternatives, such force was still widely in use in the country. In addition, acceptance of corporal punishment reflected widespread public opinion and values. The Government had taken measures according to which corporal punishment might only be administered as a last resort and in a way that would not cause bodily harm to the student, added the delegation.
Several experts further raised questions on such issues as the reproductive health system; violence among children and bullying in schools; discrimination against disabled children; family and institutional care of children; basic health and child welfare; mortality rates; and child adoption.