UPR Sexual Rights Database

National Report:
Para 92) The Domestic Violence Act 2014 enabled the Government through the Department of Gender Affairs to heighten awareness relating to teenage pregnancy, sexual education and violence against women and children.

Para 93) This legislation against child abuse, domestic violence classifies sexual violence, rape and incest as serious offences and establish appropriate penalties for the perpetrators, including relatives of the victim.

Para 94) The Domestic Violence Act 2014 further enabled the Government to adopt policies and legislation to combat discrimination and violence against women and children, particularly domestic and sexual violence.

UN Compilation:
Para 20) The subregional team noted that the Government was currently debating an amended Domestic Violence Bill 2014, which had had a second reading before Parliament, but that its adoption was still pending.

Stakeholder Summary:
Para 28) JS2 stated that in August 2014 the government had sought to amend the Domestic Act now retitled "The Domestic Violence Bill" (2014) which was still in draft form, and mentioned that one of the key provisions of this bill was the promotion of economic independence for victims in abusive relationships.

UN Compilation:
Para 8) Although the Government did not support universal periodic review recommendations associated with LGBTQI rights, Saint Kitts and Nevis has shown some openness to dialogue on the issue.

Stakeholder Summary:
Para 6) Human Rights Watch (HRW) informed that, since Saint Kitts and Nevis’ last UPR, it has conducted in-country research that evidenced the discrimination, violence, stigma, and prejudice that beset LGBT people’s enjoyment of basic rights.
Para 7) HRW stressed that Saint Kitts and Nevis did not have any comprehensive laws that prohibited discrimination on grounds of gender identity and sexual orientation, including in the employment, housing, access to education, and health care contexts. In this lacking legal context, discrimination against LGBT people seeped into everyday activities, whether it was availing of services such as health care, school, or riding a bus, or social activities such as going to the movies or shopping. Discrimination in the workplace can also occur. Notably, LGBT persons who faced discrimination in any sector lacked any legal avenue to seek redress for themselves or accountability for perpetrators.
Para 9) JAI reiterated that international human rights law customarily protected the right to privacy and the right to be protected against arbitrary and unlawful attacks on or interference with one’s private and family life. One’s reputation or dignity are also protected. International human rights law further establishes that matters of sexual orientation and gender identity are protected by the right to privacy and the right to be protected against arbitrary and unlawful interference with, or attacks on, one’s private and family life and one’s reputation or dignity. By criminalizing same-sex activity in the penal code, Saint Kitts and Nevis violates these international obligations. Saint Kitts and Nevis are also members states to the Organization of Eastern Caribbean States (OECS), which strives to increase human rights protections in the region.

UN Compilation:
Para 1) The United Nations subregional team for Barbados and the Organisation of Eastern Caribbean States (OECS) noted that, during the 2011 universal periodic review of Saint Kitts and Nevis, the country received numerous recommendations to ratify or accede to various international human rights treaties and that, although Saint Kitts and Nevis accepted some of those recommendations, it had not ratified any additional core United Nations international human rights treaties.

Para 2) OECS encouraged Saint Kitts and Nevis to accede to all core United Nations human rights instruments as soon as possible, in accordance with the recommendations issued in the 2011 universal periodic review. It indicated that the Government of Saint Kitts and Nevis had not yet acceded to OP-CRC-SC, although this recommendation had been accepted during the 2011 universal periodic review.

Stakeholder Summary:
Para 1) Amnesty International (AI) stated that during its first Universal Periodic Review (UPR) in January 2011, Saint Kitts and Nevis had accepted recommendations to consider the ratification of the ... OP-CRC-SC ... and to review national legislation to ensure compliance with the principles and provisions of the Convention. AI highlighted that despite this commitment, at the time of writing, Saint Kitts and Nevis had not yet ratified these Optional Protocols.

Para 2) AI stated that in its first review, Saint Kitts and Nevis had not expressed a clear position on recommendations to consider signing and ratifying a number of core international human rights standards, including ICESCR ... AI asserted that the government had taken no action in this respect, and that the ratification of these treaties was still outstanding.

National Report:
Para 97) [The Equal Pay Act 2012] defines equal pay as a rate or scale of remuneration for work in which there is no element of differentiation between male and female employees.

Para 98) It ensures equal pay for men and women in the workplace and makes it an offence for an employer or his or her agent not to comply with the law.

Para 99) Moreover, the Act makes a provision for the removal and prevention of discrimination based on the gender of the employee in paid employment, and to provide for related or incidental matters.

Para 100) It empowers a court to order the payment of arrears of remuneration against an employer who is convicted of such an offence.

UN Compilation:
Para 14) The subregional team stated that the Government was currently undertaking initiatives to open the way for encouraging more women into entrepreneurship through programmes supported by multilateral partners, such as the Economic Partnership Agreement. The People's Employment Programme, a poverty reduction programme, had also opened some space for entrepreneurship and asset-building among men and women.

Para 30) The subregional team indicated that, although women participated fully in voting during elections and were very active in political parties, they were still severely underrepresented in political leadership positions, and there was only one woman in Parliament. It also stated that women comprised the majority of civil servants and held senior level roles within Government

Para 39) The subregional team noted that Saint Kitts and Nevis was currently subject to a standby agreement with the International Monetary Fund that left very little space for measures to address the harsh conditions facing the majority of the population, in particular women and children.

Stakeholder Summary:
Para 6) JS2 recognized the efforts of Saint Kitts and Nevis in signing and committing to the following Conventions and international instruments: The Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women; The Inter- American Convention on the Granting of Civil Rights to Women and the Inter-American Convention on the Granting of Political Rights to Women; The Beijing Platform for Action; The United Nations Millennium Declaration; and Security Council resolution 1325 (2000) on women, peace and security.

Para 28) JS2 also reported that Saint Kitts and Nevis had made remarkable strides in empowering women through awareness campaigns, programs and policy development, a work executed largely by the Department of Gender Affairs which included training for police, nurses and counselors.