A/HRC/17/12
concern regarding the low legal age for criminal responsibility (8 years) and that the clauses
on prevention of cruelty and protection of juveniles of the Juvenile Act did not provide
special protection for children between the ages of 16 and 18. Germany wished to receive
information on steps Saint Kitts and Nevis may have taken since the addressing of those
questions. Germany made recommendations.
34.
With regard to social security, the delegation indicated that that was one of the
strongest areas in the federation. Saint Kitts and Nevis had sought to maintain a system that
could provide social security to as many areas of the society as possible. A social services
levy had been increased in recognition that assistance must be provided not only in terms of
a national infrastructure but also as a safety net for persons who fell ill and could not work,
the elderly, children, and those who lost the main breadwinners in their family owing to
debilitating accidents or death. Because of the high priority placed on health care and
education within the federation, a great emphasis was placed on social security and its
dependent services. For at least the last 25 years, those who had learning disabilities or
were physically challenged had been provided with free education.
35.
As to HIV/AIDS and facilities made available to men who had sex with men, the
delegation responded that Saint Kitts and Nevis did not deny such persons access to
facilities and services; on the contrary, it assisted them with their health issues. Concerning
discrimination against lesbian, gay, bisexual and transgender people, the delegation stated
that the reality was that, despite the existence of a piece of legislation, in terms of the
society at large, such persons did enjoy the same rights and privileges as everyone else. No
instances of denial of job opportunities or attacks against such people took place. There was
a culture of tolerance in respect of those individuals in the society.
36.
On the matter of the death penalty, the delegation stated that, while it appreciated the
position of the members of the international community, Saint Kitts and Nevis worked in
the context of practical realities on the ground. Though there might not necessarily be
evidence that the death penalty is a deterrent, it was one of the sentences still available to
the court, and there was a great demand by the society for it to remain.
37.
As for the question of criminal responsibility, children over the age of 8 were not
automatically deemed capable of such responsibility. With regard to children aged 8 to 16,
the law stated that, before any individual could be put on trial, an exercise must be
conducted to address his or her ability to understand the difference between right and
wrong and the procedures that he or she was facing before any trial could start. However,
Saint Kitts and Nevis had a society where serious crimes had increasingly been committed
by younger individuals. While it had to respect the rights and appreciate the difficulties
faced by the youth, it had to take into account the practical realities. Gang members were
becoming younger, and the situation was becoming more and more complex and difficult to
address.
38.
The Bolivarian Republic of Venezuela acknowledged the efforts by Saint Kitts and
Nevis to achieve basic education for all children and adolescents by establishing free and
compulsory education in 1967 for children aged 5 to 16. Venezuela stressed the
Government’s commitment to address the issue of quality education, accessible to everyone
despite severe economic difficulties. Venezuela also welcomed the Government’s
commitment to comply with human rights obligations. Venezuela made a recommendation.
39.
Chile noted that the laws of Saint Kitts and Nevis guaranteed broad freedom of
expression and the press, along with full freedom of association and participation in
political life. Chile also noted efforts made by the Government to achieve human and social
development indicators and its strategy to strengthen the social coverage of its population.
It also noted Saint Kitts and Nevis’ limited resources for its timely submissions of reports
to various treaty bodies. Chile made recommendations.
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