A/HRC/23/8
23.
The Head of Delegation explained that physical abuse of a child was punishable
under the law of the Bahamas. The Government remained dedicated to granting full
measure to protecting the rights of the child and addressing the issue of child abuse in the
country. This was explicitly demonstrated in the integration (with a minor reservation) of
the Convention on the Rights of the Child into domestic legislation, via the Child
Protection Act 2009.
24.
The Head of Delegation explained the measures taken, where technical experts were
presently designing a system whereby the birth of all infants born in the Bahamas,
including on the far-flung islands of the archipelago, would be registered in a national
database, which would also assist officials in processing claims for nationality. The
Department of Social Services had also spearheaded the National Child Abuse Prevention
Inter-Agency Protocol, which attempted to document current practices of abuse, and set out
policies and procedures in respect of child protection issues. It was envisaged to be
operational early in 2013.
25.
The Head of Delegation addressed the allegations of sex tourism involving children
in the Bahamas. After a comprehensive investigation, they had found no support for such
claims. She noted that the Government had just granted permission for the Special
Rapporteur on trafficking in persons, especially women and children, to visit during this
year, upon her request. She reaffirmed to the international community that any credible
reports of such activities would be vigorously investigated, pursued and prosecuted.
26.
With respect to the rights of children born out of wedlock, and in answer to a
question which had been asked, since the enactment of the Status of Children Act in 2002,
the Head of Delegation stated that those children had equal status as those born to married
persons in their legal relations to their parents, including inheritance rights. The notable
exception had to do with the right to nationality, which could not be changed by the Act
and would have to await constitutional amendment.
27.
The Head of Delegation assured that the Bahamas enjoyed a free and very tolerant
racial climate. The Government of the Bahamas was aware of recommendations to
criminalize racial discrimination. However, after conducting extensive investigations in
conjunction with several government agencies, no cases of discrimination on the basis of
race had been identified to date. The Constitution of the Bahamas provided protection from
racial discrimination and effective redress for violations of that right.
28.
The Head of Delegation assured that the Government was acutely aware of the need
to protect the rights of persons with physical or mental disabilities. In collaboration with the
private sector, the Government had been active in efforts to provide support and promote a
high quality of life for persons with disabilities and their participation in national
development. Consultations to enact domestic legislation on disability were ongoing and it
was anticipated during 2013 both to accede to the Convention on the Rights of Persons with
Disabilities, and to enact legislation to give effect to that Convention.
29.
On sexual orientation or gender identity, the Head of Delegation reported that the
Bahamas Constitution, in its preamble, referred to its respect for Christian values. They
believed that “family” was the foundation of a strong nation. Marriage in the Bahamas was
the union of a man and a woman. There was no formal or positive legal discrimination
against persons in the Bahamas based on sexual orientation or gender identity, although it
was not included as a prohibited ground of discrimination in the Constitution, or in
legislation which prohibited discrimination in specific areas (such as employment). Neither
had there been any reported cases where anyone had alleged discrimination on the basis of
sexual orientation. There had been, within the past few years, a few instances of violence
which had involved persons alleged to be “gay”. However, these incidents had been
6
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents