of the people.”186 Thus “significant improvements in the country’s legal framework have not
come into force and inconsistencies remain between current legislation and the CRC.”187
In making a determination of the adequacy of the laws of Trinidad and Tobago to discharge its
international obligations under the CRC, the reports of the United Nations Committee on the
Rights of the Child (hereafter the Committee) can be considered. The Committee monitors and
issues periodical reports on whether the legislation and policy of states comply with the CRC.
These reports contain an evaluation of the law and recommendations to bring it into conformity.
On commenting on the efficacy of the committee it has been stated that, “the committee’s
practice of directly or indirectly stating that a party’s laws and practices do not comply with the
convention’s standards at certain points is evidence that this body’s examination of reports is
thorough. It also demonstrates that the Committee is fulfilling its responsibility to view parties’
reports critically, and this approach is essential if the review process is to be the means of
helping states to see where changes must be made if they are to provide, to the greatest extent
possible, for the wellbeing of children within their jurisdiction.”188
In the UN Committee on the Rights of the Child: Concluding Observations, Trinidad and
Tobago,189 the Committee commended Trinidad for the enactment of the package of legislation
in 2000, it was deeply concerned that these laws have not entered into force. These concerns
were warranted because the legislation never entered into force and was ultimately replaced by
the Children Bill 2012, which also is not in force. The primary concerns with regards to juvenile
justice where the low age of criminal responsibility, that life imprisonment may be ordered by
the courts since the law does not specify the minimum age at which a person may be sentenced
186
‘Acts in limbo’ The Trinidad Express, Trinidad 2010, < http://www.trinidadexpress.com/businessmagazine/98900309.html>accessed 13 March 2013
187
The United Nations Country Team ‘Draft 7, Common Country Assessment, Republic Of Trinidad And Tobago’,<
www.undp.org.tt%2Finfomation%2520disclosure%2520requirement%2FCOMMON%2520COUNTRY%2520ASS
ESSMENT%2C%2520revised%2520march%252031%2C%2520FINAL.doc&ei=kP1UUZekA6HB4APGrYE4&us
g=AFQjCNF57CJBTZ_bje-7ICtMdGcgdvPoRw&bvm=bv.44442042,d.dmg2006>accessed 13 March 2013
188
A.G. Mower, The Convention on the Rights of the Child: International Law Support for Children (1st,
Greenwood, Westport Connecticut 1997) 97-100
189
UN Committee on the Rights of the Child (CRC), UN Committee on the Rights of the Child: Concluding
Observations, Trinidad and Tobago, 17 March 2006, CRC/C/TTO/CO/2, available at:
http://www.unhcr.org/refworld/docid/45377ed10.html [accessed 25 March 2013]
100