3. State Party ReportsBelize[Parts of State party report relating specifically to relevant legal minimum ages, and articles 37 and 40](...) Acronyms AIDS Acquired Immune Deficiency SyndromeBCG Bacille Calmette Guerin
(tuberculosis) vaccineBCVI Belize Council for the Visually
ImpairedBFLA Belize Family Life AssociationBNSE Belize National
Selection ExaminationBYDC Belize Youth Development Centre (...) II. DEFINITION OF THE CHILD (art. 1) Definition of the child under the law 25. The Infants Act (Cap. 138) specifies that "every person under the age of eighteen years is an infant" (S. 3). This is the definition applied to most laws relevant to children, unless otherwise specified. This means that, in general, a child is defined as being under the age of 18 years, and any exceptions to that prescribe a younger (not older) age. 26. This age definition is reflected in the Marriage Act (Cap. 140, S. 2) and the Adoption of Children Act (Cap. 135, S. 2), amongst others. Consistent with article 1, some laws specifically provide for earlier attainment of majority. For example, the Summary Jurisdiction (Procedure) Act (Cap. 100, S. 2) defines an "adult" as anyone aged 16 years or over, a "child" as anyone under 14 years of age, and a "young person" as anyone between the ages of 14 and 16 years inclusive. The Factories Act (Cap. 233, S. 2) defines a "young person" as anyone between the ages of 14 and 17 years inclusive. The Juvenile Offenders Act (S. 2) defines a "child" as anyone under the age of 14 years. 27. There is some scope within some Acts for the courts to exercise judgement in determining a child's age. For example, the Juvenile Offenders Act provides that "where it appears to the court that the person so brought before it is of the age of sixteen years or upwards, that person shall for the purposes of this Ordinance be deemed not to be a child or young person" (S. 19 (2)). There are similar discretionary powers granted to the courts in other Acts. B. Legal minimum ages 28. The legal minimum age for: (a) Legal or medical counselling without parental consent is 18 years; (...) (j) Voluntarily giving testimony in court is any age unless prevented by extreme youth; (k) Criminal liability is 7 years. A person under 18 years of age is liable to fines or imprisonment if convicted under the Representation of the People Act (Cap. 9, S. 27 (b)) (this concerns false claims in registration as an elector). The Criminal Code exempts a child under 7 years of age from criminal liability (S. 24 (1)). A child between the ages of 7 and 12 years inclusive who is not mature enough to judge the nature and consequence of his actions is also exempted (S. 24 (2)). The Summary Jurisdiction (Procedure) Act (S. 70 (5)) states that anyone between the age of 16 and 18 years inclusive who is fined may be placed under supervision until the fine is paid; (l) Deprivation of liberty is 7 years of age according to the Criminal Code (S. 24); (m) Being committed to prison is at age 16 years and over, although a young person aged 14 but less than 16 years may be imprisoned if no suitable alternative exists (such as probation or a certified institution) but is not allowed to associate with adult prisoners (Juvenile Offenders Act, S. 11); C. Age of attainment of majority 29. Consistent with the interpretation of a "child" in the Infants Act (S. 3), the Interpretation Act (Cap. 1, S. 3 (1)) defines an "adult" as anyone who has attained the age of 18 years. Similarly, the Representation of the People Act (S. 7 (a)) prescribes 18 years as the age at which a person is qualified to register and to vote in general elections. Again, there is some provision for definition at an earlier age, such as the Summary Jurisdiction (Procedure) Act (S. 2) which defines an adult as any person of or over 16 years of age. D. Concluding comment 30. The Constitution and laws of Belize provide for strong compliance with article 1. In several instances it may be deemed necessary to amend legislation to remove some apparent discrepancies regarding definitions, especially of different ages applicable to "infant", "child", "young person" and "adult". However, such differences may be more confusing than problematic given the clear intent and purpose of different age limits according to different laws. 31. Nevertheless, there appears to be a need to review the laws to improve standardization of ages of majority, and of the associated definitions used. Specific instances where improved standardization may be required of age levels (and of gender equity in legal provisions) are referred to in later chapters. However, it is considered that a thorough review is required. Most importantly in terms of the intent of article 1, the only exceptions to defining a child as being under 18 years of age are some laws which define the legal minimum ages in certain circumstances as less than 18 years of age. (...) IV. CIVIL RIGHTS AND FREEDOMS (...) H. The right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment (art. 37 (a)) 71. The Belize Constitution Act states that "no person shall be subjected to torture or to inhuman or degrading punishment or other treatment" (S. 7). Section 8 states that no person shall be held in slavery or servitude, thus granting protection from slavery and forced labour. As stated at chapter III.C, the Indictable Procedure Act (S. 151 (2)) exempts a person under the age of 18 years at the time of committing a crime punishable by death, from a sentence of death. 72. Reference should also be made to V.I, especially with respect to comments concerning corporal punishment, and to chapter VIII, with respect to other measures to protect the child from different forms of maltreatment. (...) B. Children in conflict with the law (arts. 37, 39 and 40) 1. The administration of juvenile justice (art. 40) 272. It will be recalled that the Juvenile Offenders Act defines a child as being under 14 years of age, and a young person as anyone who is 14 years of age or upwards and under the age of 16 years. Provisions of this Act pertinent to this article include that:
273. With respect to the separation of young people and adults in prison, there have been a number of times when this provision has not been observed. However, the new Hattieville Prison, opened in 1994, included plans to construct a separate facility for young people, and this will be operational by early 1996. 274. Under section 6, subsection 3 (a), of the Belize Constitution, a person is presumed innocent unless and until found guilty by a court of law, an accused person may not be compelled to give evidence or admit guilt, the accused has a right to examine a witness and has the right to an appeal. For juveniles, emphasis is also given in the Juvenile Offenders Act to procedures in the court, including the right to consult with the parents and to be tried in a court other than the Juvenile Court (S. 8). The Act also emphasizes non-institutional responses to civil and minor offences by children and young persons, including committal to the care of relatives (S. 14), and encourages courts to pursue a number of options, even in instances where the court is satisfied of the person's guilt, viz: dismiss the charge; discharge the offender on bail; release the offender on probation; send the offender to a certified institution; order the offender to pay a fine, damages or costs; order the parent or guardian to give security for good behaviour; commit the offender to a place of detention; or imprison the offender (if a young person) (S. 15). 275. Apart from a requirement that the accused young person have the substance of the alleged offence explained in "simple language" (S. 8 (1)) (presumably including translation into a foreign language, if necessary), there is no legislative requirement for interpretation services. Within the court system, interpreters are brought in as required, and paid a small allowance. All charges are explained in a language understood by the accused person, and proceedings translated. This has more recently included provision for Chinese translation, given the current immigration of substantial numbers of people with Chinese as their first - even only - language. 276. Of particular importance is the requirement on the court to obtain information concerning the juvenile's general conduct, home life, school records and medical history, "as may enable it to deal with the case in the best interests of the child or young person" (S. 8 (10)). 277. Reference has already been made to the provision of alternatives to incarceration and to increasing government emphasis upon the deinstitutionalization and family reintegration of children. This includes action by DHD in 1995 to close one juvenile institution and to establish improved arrangements for probation and community service orders, as well as measures to strengthen counselling services for children with a view to adopting alternatives to institutionalization, including training or a return to formal education. 2. Children deprived of their liberty, including any form of detention, imprisonment or placement in custodial settings (art. 37 (b) (c) (d)) 278. Reference should be made to section VIII.B.1, with respect to the detention and committal of young offenders, their access to parents during court proceedings, and pursuit of alternatives to detention. In addition to those provisions, the Juvenile Offenders Act authorizes the relevant minister at any time to discharge a child from the care of any person or institution (S. 14 (8)). The same provision is contained in the Certified Institutions (Children's Reformation) Act (S. 27). |
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279. There are no specific provisions in the laws for the child to maintain contact with his or her family (apart from during the legal process itself). It is important to reiterate, however, that the Juvenile Offenders Act empowers the court to adopt a range of measures in response to a charge which it considers proven, including dismissing the charge, conditional release of the offender, or his or her release into the care of a relative (S. 15 (1)). Also, that Act states that the court's actions must be in the child's or young person's "best interests". In practice, both the courts and the institutions encourage contact between the child and his or her parents. Such contact and visits may be set as a condition of the court, and the institution will also encourage home visits when considered appropriate. 3. The sentencing of juveniles, in particular the prohibition of capital punishment and life imprisonment (art. 37 (a)) 280. Section 7 of the Belize Constitution protects all persons (children included), from torture or inhuman or degrading treatment. In addition, sections 5, 6 and 8 guarantee the rights to personal liberty, due process of law and freedom from slavery and forced labour. 281. The Indictable Procedure Act provides that capital punishment shall not be imposed where the offender was under 18 years of age at the time of the commission of the offence, in lieu of which the offender shall be detained at the Governor-General's direction (S. 151 (2)). 4. Physical and psychological recovery and social reintegration (art. 39) 282. A 1994 report by NCFC identified children in difficult circumstances as comprising (in descending order of severity): children from dysfunctional families, youth "at risk", children in poverty, and abused and neglected children. Even so, it needs to be noted that Belize has not had to itself face the levels of violence, civil unrest and armed conflict common in neighbouring countries in Central America in the past two decades, which have so often been responsible for generating such physical and psychological damage. 283. This is not, however, to argue the absence of such problems amongst Belizean children. As already discussed, DHD has primary responsibility to take action upon reports of abuse and neglect of children. Its officers provide casework roles of investigation and counselling and the preparation of court reports, as required. The Department is also responsible for the operation of facilities for accommodating children in need of such care and protection, and for governing standards of such care in non-government facilities, under the Social Service Agencies Act and the Certified Institutions (Children's Reformation) Act. 284. NOPCA was established in 1992 in response to a perceived need for greater attention to the problem of child abuse, and has sought to develop means to better combat the different forms of child abuse. Resistance to reporting occurrences of child abuse contributes to a poor understanding of the nature and extent of the problem. This can also mean that appropriate interventions are difficult to ensure. 285. In essence, the main response to a case of child abuse would normally be a report to a district office of DHD or an NGO, and the investigation of that report, to enable suitable action to be taken. This may or may not be deemed to warrant legal action, depending upon the circumstances and the best interests of the child concerned. Nevertheless, it is considered that there is a need for more concerted action in this area. (...) E. Concluding comment (...) 313. In view of the requirement of the Juvenile Offenders Act (S. 8 (10)) that the court deal with cases in the child's or young person's best interests, attention is warranted to promote more positive alternatives to imprisonment or detention (as well as ensuring that court rulings are consistently in his or her best interests). At the same time, reforms initiated in 1995 - with respect to a community probation service and improved coordination of community service orders - are recognized as sound steps in this direction. To ensure adequate effect to such provisions will require improved resourcing and personnel, for example, in enforcing maintenance orders, supervising probation orders, investigating infringements of labour laws, and so forth. However, there must also be attention to improving options in formal education and vocational training, as well as other alternatives. [Further information in State party report relating to the administration of juvenile justice](...) III. GENERAL PRINCIPLES (...) 2. Standards of facilities for the care and protection of children 42. Primary responsibility for ensuring the standards of children's institutions and agencies is vested in the Minister of Human Resources, Women's Affairs and Youth Development under the provisions of the Social Service Agencies Act. The Minister is required to designate a public officer as the Registrar of Social Service Agencies to administer the provisions of that Act including the registration, licensing and regulation of all such premises (defined as "Homes for Children, Old Peoples' Homes and similar institutions whether fee levying or not set apart for the care of children, old persons or the handicapped as the case may be") (S. 2). 43. The Minister is responsible for prescribing the minimum standards of licensed facilities "with regard to health, safety, accommodation, service facilities and board", whether the institution is maintained by Government or by a private agency or person (S. 13 (1)). Failure to comply with the Act may result in prosecution of an individual, or suspension or cancellation of the operating licence. There is provision for any aggrieved person to appeal to the Minister with respect to any decision by the Registrar to not register a facility, to not renew a licence, or to cancel or suspend a licence. 44. Whilst the Act is considered quite adequate in respect of article 3 (3), there is an urgent need for the Minister to give full effect to its provisions. Pending formal designation as the Registrar, the Director, Department of Human Development has, in 1995, commenced to develop the necessary guidelines and procedures to enable implementation of this Act. 45. Under the Certified Institutions (Children's Reformation) Act, the Minister is similarly empowered to certify, if satisfied with the institution's conditions (S. 4), or to withdraw the certification of (S. 5 (1)), any "home, school or other place ... the management of which has agreed to accept the custody and care of children sent to such home, school or other place under a detention order issued under this Act" (S. 2). (...) E. Concluding comment 51. The main provisions to guarantee and respect basic rights are contained in chapter II of the Constitution. With respect to disability, the Governor General, in his speech to the opening of the National Assembly in September 1994, foreshadowed the introduction of a Disability Act which would, presumably, include reference to prohibiting discrimination on the grounds of disability. It is necessary that the draft bill include specific reference to the rights and needs of children with a disability. 52. The Constitution and laws are deemed to afford adequate compliance with articles 3 and 6. However, as has been noted, there is a need to give special attention to the effective implementation of the provisions of the Social Service Agencies Act, to ensure the necessary standards of care and safety of children in institutions and facilities (art. 3 (3)). This Act came into effect in 1983, but needs to be implemented. This should include the urgent appointment of a Registrar, as per S. 3 (1). Again, there is also a need for specific and comprehensive legislation for children which would enforce the goals of the Convention and enable better provision for ensuring the well-being and development of the child (art. 6 (2)). 53. Whilst paragraphs 40-41 describe several laws in which the child's best interest is taken into account, in the area of institutionalization this is a matter which needs closer attention. For example, the Certified Institutions (Children's Reformation) Act makes no reference to ensuring that the welfare of the child is of paramount concern. It is also noted that, at present, parents have the capacity to send a child under the age of 16 years, who they are unable to control and with the court's approval, to an institution (S. 16). This needs review firstly to ensure that such an action is essentially in the best interests of the welfare of the child and secondly, to safeguard this provision from abuse, to provide for such parental action to be accompanied by an order for the parent to financially support the child's upkeep during this period, at the court's discretion. Provision for the latter would presumably require the parent paying such funds into the Consolidated Revenue Fund, consistent with the Juvenile Offenders Act (S. 18), which provides that the costs of such institutional care be met from that Fund. 54. Furthermore, review of this Act is needed to consider amendment to the provisions as to the duration of institutionalization. In fact, the Act specifies that detention orders not specify the duration (S. 18 (2)). This may be in the child's interests if there is a rehabilitative programme in place and "early" discharge is subsequently considered warranted. However, this may be better achieved by setting maximum periods of detention - or else the establishment of some review board - and requiring the existence of a rehabilitation programme. At present, a child may be institutionalized until the age of 18 years. In the case of a child under the age of 16 whom the Minister decides to remove from imprisonment and place in an institution, this may even mean that the period of detention may well be lengthened (S. 17). 55. With respect to article 12, and similar to concerns about a number of related provisions, it is noted that the guarantee of freedoms and rights under the Constitution is conditional upon parental consent. Whilst this is considered a reasonable provision, it is necessary to examine judicial and administrative applications, to consider ways in which there may be improved efforts to foster the capacity for informed consent by children who are of sufficient age and maturity. This would be a valuable means of encouraging the facility for informed consent as such persons enter adulthood and thus have those full consensual rights. Also, reference was made to the provision in the Adoption of Children Act for giving consideration to the child's wishes. There may be merit in reviewing other laws to determine whether there is an opportunity to extend this provision. (...) V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE(...) B. Parental responsibilities (art. 18, paras. 1 and 2) (...) Government assistance in the care of children 91. With respect to the role of the State in duly assisting parents in their child-rearing responsibilities, this responsibility primarily is vested in the Department of Human Development. Through district offices, family counselling services, emergency financial support and associated assistance is provided on a case-by-case basis. These services have been more recently enhanced by the establishment of the Family Services Division, and the development and adoption of improved assessment and assistance processes. At the district level, MHR has Youth Development Officers who are responsible for the development and conduct of services and programmes for young people. Also, MHR operates several youth development facilities - especialy the National 4-H Training Centre and the Belize Youth Development Centre (BYDC) - and residential juvenile rehabilitation and development facilities - especially the Princess Royal Youth Hostel (PRYH) in Belize City and rural-based Listowel Boys Training School. BYDC provides annual residential courses in agriculture, personal development and basic trade skills, to young people who primarily come from rural areas and are mostly early school leavers. In 1995, the programme was expanded to better provide for young women. The 4-H Centre offers residential three-month courses in agricultural skills, personal development and entrepreneurship to equal numbers of boys and girls - via alternate intakes - who are usually younger than the BYDC population, and aims to foster improved agricultural skills in local communities. 92. In August 1995, the Government decided to replace Listowel (to which the courts direct young offenders) with a community-based youth probation and rehabilitation service, as part of a commitment to deinstitutionalization and to an improved community-based and family reintegration strategy. This reform was largely prompted by concern at the poor conditions of Listowel's buildings and services, and of reports of unnecessarily cruel disciplinary treatment of boys resident there. All boys were either transferred to PRYH, or to a BYDC training course, or discharged into the care of their families, by August 1995. The Ministry also operates a Child Care Centre in Belize City, which generally accommodates younger children who are abandoned or otherwise in need of special care and protection. (...) |
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C. Separation from parents (art. 9) Provisions for separation 96. There are several provisions in Belizean law to separate a child from its parents, in circumstances where the child is considered to be at risk. Under the Criminal Code (S. 60 (4)), a male found guilty of incest against a female aged under 18 years may be divested of all authority and guardianship over that female. Under the Indictable Procedure Act (S. 178), the court has the power to divest a parent or guardian, found guilty of encouraging or allowing a female dependant aged under 13 years to be seduced or prostituted, of all authority over that young female, and to appoint another guardian, until she is 18 years or as the court otherwise directs for her protection. The Juvenile Offenders Act (S. 14 (1)) empowers the court to separate a child from its parents as a consequence of a sentence for unlawful conduct by that child. This separation occurs only after the child has pleaded or been adjudged guilty of the offence alleged by the court, after due process of law and in accordance with the special provisions prescribed by this Act relating to persons aged under 18 years. (...) I. Abuse and neglect (art. 19), including physical and psychological recovery and social reintegration (art. 39) (...) 131. The Criminal Code also provides for the use of justifiable force by a person who has the authority to correct a child for misconduct (S. 30), and for cases where the use of force against any child under 16 years of age may be justified (S. 38). For example, S. 38 (1) states that: "A blow or other force not in any case extending to a wound or grievous harm may be justified for the purpose of correction, as follows: a parent may correct his child being under sixteen years of age, or any guardian or person acting as a guardian may correct his ward being under sixteen years of age, for misconduct, or for disobedience to any lawful command". 132. Despite greater awareness of the limited benefits of corporal punishment, and of more constructive alternatives, such force is still widely in use in Belize, including in families and in government facilities and institutions. It is considered that the use of corporal punishment reflects widespread public opinion and values. Even if that use of force falls within the provisions of S. 38 (1), it is considered that action is required to promote alternatives. Action has been advocated elsewhere in this report (sect. III.B.2) to implement standards of care in such facilities and institutions, and this should help to rectify this situation. However, further attention is required to the expansion of public education via agencies such as, in Government, FSD and, within the non-government sector, e.g. NOPCA. (...) J. Periodic review of placement (art. 25) (...) 139. For children placed in institutions for their care, there appear to be no legislative requirements for regular reviews. There are, however, administrative arrangements in respect of government-managed children institutions whereby reviews occur every six months although there is presently a move to institute such reviews on a three-monthly basis. (...) K. Concluding comment (...) 155. It is also important that all instances of children in long-term institutional care be reviewed, and steps taken to identify appropriate alternative family-based solutions to their needs. It is reiterated that DHD has embraced a policy and programme framework which emphasizes family reintegration and the deinstitutionalization of children. This paves the way for a range of further reforms to institutional care, and especially to substantially reducing the incidence of long-term residential care. (...) 159. It is also necessary to acknowledge the persistence of the corporal punishment of children in Belizean families and institutions. Even though this behaviour may fall within the scope of Belizean law, it is considered that action is required to minimize such practices. This could include:
160. In view of the highly precarious nature of NGOs, with the lack of resources for sustainability of operations and services, urgent attention is needed to the development by DHD of a comprehensive strategy for such case management. This needs to recognize the primary responsibilities of Government, via DHD, as well as the essential role to be played by NGO and Church-based agencies. Further review is needed of the nature of any sustainable network of NGOs which is required to ensure a more formal and consistent role by this sector in collaboration with Government. Such review needs to give attention to the current and required nature of the relationship between Government (and its investigative and intervention responsibilities) and the NGO/Church-based sector (and its educational and preventative roles). 161. Whilst young people in institutions receive periodic review of treatment and placement, it seems desirable for this to be a formal requirement. This may not need a specific amendment to the relevant Acts, but should certainly be incorporated into the minimum standards prescribed by DHD for all -government and non-government - institutions and facilities, as per the Social Service Agencies Act (S. 13 (1)). Source: Initial reports of States parties due in 1992: Belize, UN Doc. CRC/C/3/Add.46, paras. 25-31, 42-45, 51-55, 71-72, 91-92, 96, 131-132, 139, 155, 159-161, 272-285, 313 (7 February 1997) |