Main Human Rights Institutions
The Constitution provides that if any person alleges that his constitutional rights are being or have been violated, he may apply for redress in the High Court of Antigua and Barbuda. The High Court shall have original jurisdiction to hear and determine any application made and may make such orders and declarations issue writs and give direction as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of the Constitution.
There are civil remedies available to protect the rights of citizens. These are the prerogative writs of certiorari and mandamus, for example. The courts exercise a supervisory jurisdiction through these writs. Certiorari is defined as an order issued to an inferior court or body or person exercising what is regarded by the High Court as a judicial or quasi- judicial function, to have the record of the proceedings reviewed by the High Court and to be quashed if faulty. Certiorari is used to restrain public authorities from acting where they have no jurisdiction or where they have exceeded their jurisdiction. Certiorari is often used by public servants and others, eg. police officers, soldiers, students, to challenge decisions relating to dismissal or expulsion, transfer or disciplinary proceedings. It is also used to review decisions made without regard to the principles of natural justice. Mandamus is an order which may be issued to any person or body, commanding him or them to carry out some public duty.
Additionally, there exists within the government of Antigua and Barbuda a very important office - that of the Ombudsman. The Ombudsman's office exists as a distinct and impartial entity, with the express purpose of fielding complaints or concerns of the populace regarding the fairness and justice of the ruling party's actions. Also if violations are alleged on the part of an administrator within Government, complaints may be taken to the Ombudsman.
This position is a non-elected, non-partisan position within the government. The Ombudsman reports directly to the legislature, presenting his facts and findings on an annual basis. Additionally the results of his investigations are published in yearly reports for all to see.
Reporting History before the UN Treaty Bodies
| Treaty |
Entry into force |
Most recent Report examination |
Pending reports |
| CERD |
24-11-88 |
19-02-007, 9-03-07 |
|
| CEDAW |
31-08-89 |
10-07-97, 16-07-97 |
4th |
| CAT |
18-08-93 |
|
1st, 2nd, 3rd |
| CRC |
04-11-93 |
28-09-04 |
2nd, 3rd, 4th |
Treaty Body Recommendations Addressing Programme Areas
[The following are selected recommendations included in each Committee’s Concluding Observations to country reports. Selection is based on population issues addressed by UNFPA, and some recommendations may address more than one subject. The recommendations presented belong to the last report submitted, and may not reflect actions taken since towards their implementation.]
Population and Development
Committee on the Elimination of Racial Discrimination, Seventieth session (Geneva, 19 February-9 March 2007). The Committee considered the initial to 9th periodic reports of Antigua and Barbuda, submitted in a single document (CERD/C/ATG/9), and adopted the following concluding observations.
- The Committee encourages the State party to engage in a datagathering exercise to ensure that its perceptions concerning the lack of need of special measures does not arise from a lack of information on such racial or ethnic groups.
- The Committee invites the State party to include more detailed questions in the population census so as to get a better idea of the ethnic and national origin composition of the population, and in this regard draws the State party’s attention to paragraph 8 of its general guidelines on the form and contents of reports. It recommends that a question on ethnic and national origin be included in all data gathering, following the example of the current Poverty Assessment Initiative.
- The Committee requests that the State party proceed with an analysis of the reasons behind the concentration of certain immigrant groups in distinct areas of Antigua and Barbuda, and address any actions of private parties which may result in de facto segregation, bearing in mind its General recommendation no. 19 (1995) on article 3 of the Convention.
Committee on the Rights of the Child, Thirty-seventh session (13 September - 8 October 2004). The Committee considered the initial report of Antigua and Barbuda (CRC/C/28/Add.22) and adopted the following concluding observations.
- The Committee recommends that the State party make efforts to revise and/or establish a social security policy along with a clear and coherent family policy within the framework of its poverty reduction strategy, as well as effective strategies for using social safety net benefits to further the rights of children.
- The Committee recommends that the State party develop a system of data collection and indicators consistent with the Convention and disaggregated by gender, age and parishes of residence. This system should cover all children up to the age of 18 years, with specific emphasis on those who are particularly vulnerable, including children living in poverty, children with disabilities and children from single-parent families. It further encourages the State party to use these indicators and data in the formulation of laws, policies and programmes for the effective implementation of the Convention. The Committee recommends that the State party seek technical assistance from, inter alia, UNICEF in this regard.
Reproductive Health
Committee on the Elimination of Discrimination against Women, Seventeenth session, (7-25 July 1997). The Committee considered the combined initial, second and third periodic reports of Antigua and Barbuda (CEDAW/C/ANT/1-3) and adopted the following concluding observations.
- The Committee suggested that Antigua and Barbuda introduce appropriate policies and programmes for sex education and family planning education.
- The Committee recommended the introduction of programmes to encourage men to take account of their family responsibilities.
Committee on the Rights of The Child, Thirty-seventh session (13 September - 8 October 2004). The Committee considered the initial report of Antigua and Barbuda (CRC/C/28/Add.22) and adopted the following concluding observations.
The Committee recommends that the State party:
- Undertake a comprehensive study to assess the nature and extent of adolescent health problems and, with the full participation of adolescents, use this as a basis to formulate adolescent health policies and programmes with a particular focus on the prevention of sexually transmitted diseases (STDs), especially through reproductive health education and child-sensitive counselling services, and taking into account the Committee’s General Comment No. 4 (2003) on adolescent health and development in this regard;
- Take measures to incorporate reproductive health education in the school curriculum, particularly at the secondary level, in order to fully inform adolescents about their reproductive health rights and the prevention of STDs, including HIV/AIDS, and early pregnancies;
Promoting Gender Equality
Committee on the Elimination of Discrimination against Women, Seventeenth session, (7-25 July 1997). The Committee considered the combined initial, second and third periodic reports of Antigua and Barbuda (CEDAW/C/ANT/1-3) and adopted the following concluding observations.
- The Committee recommended that the Directorate of Women’s Affairs be elevated to a higher rank and thus upgraded and strengthened.
- The Committee suggested that gender issues be integrated into the five-year plan.
- The Committee suggested that the Government of Antigua and Barbuda utilize article 4 of the Convention in accelerating de facto equality for women.
- The Committee recommended that the Government of Antigua and Barbuda encourage greater participation of women in politics by introducing temporary special measures.
- The Committee recommended that Antigua and Barbuda ratify International Labour Organization (ILO) Convention No. 100 concerning Equal Remuneration for Men and Women Workers for Work of Equal Value and take the necessary measures for its implementation.
- The Committee noted that culture is a positive vehicle for influencing the advancement of women, and suggested that cultural art forms be used as a vehicle to promote respect for women. The Committee also suggested that the media be used to promote positive attitudes towards women.
Treaty Body Recommendations Addressing Population Groups
[The following are selected recommendations included in each Committee’s Concluding Observations to country reports. Selection is based on
on population groups relevant to UNFPA's mandate
, and some recommendations may address more than one subject. The recommendations presented belong to the last report submitted, and may not reflect actions taken since towards their implementation.]
Adolescents and Youth
Committee on the Elimination of Racial Discrimination, Seventieth session (Geneva, 19 February-9 March 2007). The Committee considered the initial to 9th periodic reports of Antigua and Barbuda, submitted in a single document (CERD/C/ATG/9), and adopted the following concluding observations.
- The Committee recommends that the State party engage in a systematic review of any exclusions of children from schools to monitor the reasons for such exclusion, and that an independent mechanism be set up to administer the review and ensure that all children, whatever their social or national origins, enjoy the right to education.
Committee on the Rights of the Child, Thirty-seventh session (13 September - 8 October 2004). The Committee considered the initial report of Antigua and Barbuda (CRC/C/28/Add.22) and adopted the following concluding observations.
- The Committee recommends that the State party undertake a comprehensive study to examine the phenomenon of trafficking, including of children, gathering accurate data on its prevalence, and introduce legislation prohibiting it. The Committee also recommends that the State party consider ratifying the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.
The Committee recommends that the State party:
- Undertake a comprehensive study to assess the nature and extent of adolescent health problems and, with the full participation of adolescents, use this as a basis to formulate adolescent health policies and programmes with a particular focus on the prevention of sexually transmitted diseases (STDs), especially through reproductive health education and child-sensitive counselling services, and taking into account the Committee’s General Comment No. 4 (2003) on adolescent health and development in this regard;
- Take measures to incorporate reproductive health education in the school curriculum, particularly at the secondary level, in order to fully inform adolescents about their reproductive health rights and the prevention of STDs, including HIV/AIDS, and early pregnancies;
Persons with Disabilities
Committee on the Rights of the Child, Thirty-seventh session (13 September - 8 October 2004). The Committee considered the initial report of Antigua and Barbuda (CRC/C/28/Add.22) and adopted the following concluding observations.
The Committee recommends that the State party:
- Establish a comprehensive policy for children with disabilities;
- Review the situation of these children in terms of their access to suitable health care, education services and employment opportunities, and allocate adequate resources to strengthen services for children with disabilities, support their families and train professionals in the field;
- In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), further encourage the integration of children with disabilities into the regular educational system and their inclusion into society, inter alia by giving more attention to special training for teachers and making the physical environment, including schools, sports and leisure facilities and all other public areas, accessible for children with disabilities;
- Ensure the accessibility not only of public buildings but also of the transport system for children with disabilities;
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