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Convention on the Rights of the Child in the Republic of Seychelles from Its Ratification in 1990 up to 1995

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Convention on the Rights of the Child in the Republic of Seychelles from Its Ratification in 1990 up to 1995 UNITED NATIONS CRC Convention on the Distr. GENERAL Rights of the Child CRC/C/3/Add.64 3 May 2002 Original: ENGLISH COMMITTEE ON THE RIGHTS OF THE CHILD CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 44 OF THE CONVENTION Initial reports of States parties due in 1995 Seychelles [7 February 2001] GE.02-41541 (E) 170502 CRC/C/3/Add.64 page 2 CONTENTS Paragraphs Page Executive summary ........................................................................................................... 6 I. BACKGROUND TO THIS INITIAL REPORT ....................... 1 - 8 7 II. GENERAL MEASURES OF IMPLEMENTATION ................ 9 - 24 8 A. Measures taken to implement the provisions of the Convention .................................................................. 9 - 19 8 B. Measures to promote public awareness of the Convention ....................................................................... 20 - 22 10 C. Concluding remarks and recommendations ..................... 23 - 24 12 III. DEFINITION OF THE CHILD ................................................. 25 - 29 12 A. Definition of the child under Seychelles law ................... 25 12 B. The age of majority ........................................................... 26 12 C. Other legal minimum ages ................................................ 27 12 D. Concluding remarks and recommendations ..................... 28 - 29 14 IV. GENERAL PRINCIPLES .......................................................... 30 - 46 14 A. Non-discrimination (art. 2) ............................................... 30 - 36 14 B. Best interest of the child (art. 3) ....................................... 37 - 41 15 C. The right to life, survival and development (art. 6) .......... 42 - 43 16 D. Respect for the views of the child (art. 12) ....................... 44 - 45 17 E. Concluding remarks and recommendations ..................... 46 - 48 17 V. CIVIL RIGHTS AND FREEDOMS .......................................... 49 - 80 18 A. Right to a name, nationality and identity (art. 7) .............. 49 - 52 18 B. Preservation of the child’s identity (art. 8) ....................... 53 - 57 18 CRC/C/3/Add/64 page 3 CONTENTS (continued) Paragraphs Page C. Freedom of expression (art. 13) ........................................ 58 - 60 19 D. Freedom of thought, conscience and religion (art. 14) ............................................................................. 61 - 62 20 E. Freedom of association and of peaceful assembly (art. 15) ............................................................................. 63 - 65 21 F. Protection of privacy (art. 16) ........................................... 66 - 69 21 G. The right not to be subjected to torture or cruel, inhuman or degrading treatment or punishment (art. 37 (a)) ........................................................................ 70 22 H. Access to appropriate information (art. 17) ...................... 71 - 73 22 I. Concluding remarks and recommendations ..................... 74 - 80 23 VI. FAMILY ENVIRONMENT AND ALTERNATIVE CARE .... 81 - 209 24 A. Parental guidance (art. 5) .................................................. 81 - 83 24 B. The right to family life ...................................................... 84 - 123 24 C. Separation from parents (art. 9) ........................................ 124 - 128 32 D. Family reunification (art. 10) ............................................ 129 33 E. Recovery of maintenance for the child (art. 27) ............... 130 - 132 33 F. Children unable to live with their families (art. 20) ......... 133 - 156 34 G. Adoption (art. 21) ............................................................. 157 - 167 39 H. Illicit transfer and non-return (art. 11) .............................. 168 41 I. Abuse and neglect (art. 19) including physical and psychological recovery and social integration (art. 39) .... 169 - 195 41 J. Concluding remarks and recommendations ..................... 196 - 209 46 CRC/C/3/Add.64 page 4 CONTENTS (continued) Paragraphs Page VII. HEALTH AND WELFARE (art. 24) ........................................ 210 - 358 52 A. Health and health services ................................................ 211 - 240 52 B. Health education and preventive health-care services (art. 24.2 (f)) ..................................................................... 241 - 262 58 C. Other health-related provisions in the Convention ........... 263 - 268 63 D. An adequate standard of living (art. 27) ........................... 269 - 301 65 E. The environment ............................................................... 302 - 330 72 F. Concluding remarks and recommendations ..................... 331 - 358 77 VIII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES .............................................................................. 359 - 522 83 A. Education, including vocational training and guidance (art. 28) .............................................................. 359 - 371 83 B. Aims of education ............................................................. 372 - 375 85 C. Compliance with the Convention (art. 28) ....................... 376 - 404 86 D. Leisure, recreational and cultural activities (art. 31) ........ 405 - 435 92 E. Concluding remarks and recommendations ..................... 436 - 454 98 IX. SPECIAL PROTECTION MEASURES ................................... 455 - 522 103 A. Children in conflict with the law (arts. 37, 39, 40) ........... 455 - 481 103 B. Children in situations of exploitation ............................... 482 - 509 108 C. Children of minority or indigenous populations (art. 30) ............................................................................. 510 113 D. Concluding remarks and recommendations ..................... 511 - 524 113 CRC/C/3/Add/64 page 5 CONTENTS (continued) Page List of references ............................................................................................................... 117 Tables 1. Estimated population of Seychelles, disaggregated by age and gender, mid-1996 ................................................................................................................ 118 2. Population projections ........................................................................................... 118 3. Population size and key health indicators, 1990-1995 .......................................... 118 4. Immunization coverage in 1995 ............................................................................ 119 5. Requests for termination of pregnancy, 1990-1995 .............................................. 119 6. Termination of pregnancy applications by 10- to 19-year-olds, 1990-1995 ......... 120 7. Benefit payments, 1991-1995 ................................................................................ 120 8. Number of children attending selected educational establishments managed by the Ministry of Education, 1993-1997 .............................................................. 120 9. Number of schools, teachers and students managed by the Ministry of Education in 1996 .................................................................................................. 121 10. Seychelles government expenditure, 1991-1995 ................................................... 121 11. Births by age of mother and birth order, 1996 ...................................................... 122 CRC/C/3/Add.64 page 6 Executive summary This report presents the findings of a review of the implementation of the Convention on the Rights of the Child in the Republic of Seychelles from its ratification in 1990 up to 1995. As the result of broad consultation on a national level, this initial country report is a comprehensive and honest analysis of the state of our children. It highlights achievements and progress in many areas, yet it is not complacent - gaps and inconsistencies in laws, policies and practice have also been highlighted, and recommendations made as to their resolution. Although ratification of the Convention did not require any immediate amendment to Seychelles legislation, the Children’s Act has been under review and the Government has proposed a number of changes which reflect the principles of the Convention. Seychelles’ Children’s Act in its original and revised forms reflects the principles and standards of the Convention in many ways. However, it does so only for a small number of defined children, for particular services in childcare protection, and for particular offences to children. It has no influence on other services and aspects of children’s lives. The Convention is not only about social and economic rights. It also guarantees children and young people civil and political rights, and legislation, policy and practice need to understand and address these issues. Attitudes both within and outside the family continue to exclude children from participation in decisions that affect their lives. Action is therefore needed both by the State, within civil society and at family level. This report discusses general measures and principles of implementation, including definitions of a child, and presents a review of implementation in five main areas, namely: (a) Civil rights and freedoms; (b) Family environment and alternative care; (c) Health and welfare; (d) Education, leisure and cultural activities; and (e) Special protection measures. It is emphasized that there is a continuing need to take active measures to ensure that the aims of legislation are translated into everyday
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