UPR Sexual Rights Database

UN Compilation:
Para 11) The subregional team asserted that the Constitution prohibited discrimination on the basis of sex, race, place of origin, political opinions, colour or creed, but that no specific legislation addressed discrimination on the basis of disability, language, sexual orientation gender identity or social status. UNESCO underscored that no sufficient measures had been taken to address persisting discriminations.

Para 15) The subregional team stated that societal negative attitudes towards the lesbian, gay, bisexual and transgender community impeded the operation of organizations working for such individuals and their free association. It asserted that public discourse on the rights of such individuals indicated that there remained strong sentiment against homosexuality and gay marriage, and reported that the former Prime Minister had publicly advocated a review of the country's anti-sodomy laws and tolerance for lesbian, gay, bisexual and transgender individuals

Stakeholder Summary
Para 10) JS2 reported that during the 2011 review, despite several recommendations made to decriminalize consensual same sex relations, Saint Kitts and Nevis stated that a popular "mandate" was necessary for state protection of the rights of sexual minorities, and that continued criminalization of consensual sex under sections 56 and 57 of the Offences against the Person Act was justified because of "strong opposition" by citizens to repeal these laws.

Para 11) JS2 affirmed that subsequent to UPR 2011, acts of violence committed against persons because of their sexual orientation or gender identity continued to occur, and persons who defended the rights of these individuals were often subjected to verbal attacks.

National Report:
Para 74) A Special Victims Unit was created within the Royal Saint Christopher and Nevis Police Force (RSCNPF) on 1 April, 2012, to deal with issues including domestic violence and child abuse, among others. On the island of Nevis, there are four police officers from the Special Victims Unit, which is linked to the Department of Social Services. According to reports, with the establishment of the Special Victims Unit, in the case of rape, reporting to authorities has "increased significantly".

Para 75) The Government offers counselling to victims of abuse and trains police, nurses, guidance counsellors and other government employees on domestic and gender violence.

Para 76) The Department of Gender Affairs in collaboration with the Police the government carried out public campaigns against sexual violence, through churches and workplaces, on radio, and amongst civil society.

Para 77) The Department of Gender Affairs has made available three general hotline numbers for persons seeking assistance for themselves or others with respect to domestic violence.

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.

Para 101) Under the Offences Against the Person (Amendment) Act, 2012, rape is recognized as a criminal Act, rape is recognized as a criminal act, liable to penalties under the law. The maximum penalty for rape is life imprisonment.

Para 102) Apart from the criminal law legislation addressing the issue of abuse against children (including abuse of a sexual nature) new Child Protection legislation was passed to provide an additional layer of protection that was not previously available to children who were being physically and sexually abused.

Para 103) This new Act, was patterned on the model legislation drafted under the OECS Family Law Reform Project. It establishes a comprehensive scheme for all the critical stages of a child protection case, including legal provisions to address reporting and investigation of cases; devising plans of care; seeking legal redress by way of a range of possible orders and providing a selection of helpful interventions. This new law is a civil remedy that focuses on the protection of child victims, as opposed to the criminal law which focuses on the perpetrator's unlawful conduct.

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 4) 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 a The Declaration on the Elimination of Violence against Women;

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.

National Report:
Para 13) The ratification of the OPs to the CRC is currently under discussion by the government. A review of our legislation was conducted several years ago, and, it was noted that some elements of the legislation would require adjustment as it relates to the OP on children in armed conflict. This is currently being reviewed and the government will consider signing the OPs and declare any possible reservations with regard to children in armed conflict.

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.

Stakeholder Summary:
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 43) Domestic violence is the most common form of gender-based violence which predominantly affects women and girls. Within the Federation of Saint Kitts and Nevis, several institutions and agencies are involved in providing service to victims of domestic violence, facilitating the report of incidents to the relevant authorities.
Para 44) Through assistance from the Pan American Health Organization (PAHO), The Domestic Violence and Sexual Violence Complaints and Response Protocol was launched in November, 2018. The policy educates key stakeholders in the healthcare, education, childcare, social support, legal and criminal justice system sectors and provides guidelines for training on the appropriate procedures to follow when a crime of this nature materializes. It addresses first response procedures, best practices for law enforcement, emergency and medical services, social services, victim advocacy and legal action. The Department of Gender Affairs has held various sensitization workshops, consultations and panel discussions, aimed at increasing the awareness of stakeholders about this Response Protocol and its use throughout 2019. Para 45) Saint Kitts and Nevis is also an avid participant of the annual 16-day campaign on Violence against Women and Girls. The 16-Day Campaign which was observed in the Federation from November 25 to December 10, 2019 was designed to demonstrate solidarity with survivors of domestic and gender-based violence, raise awareness, prevent the occurrence wherever possible, and advocate for relief and justice for the victims.
Para 46) In 2018, the Special Victims Unit (SVU) relocated to a more conducive, safe and comfortable space for victims to report incidents of sexual violence without fear of reprisals. In addition, the Department of Gender Affairs in partnership with several faith-based organisations, provide financial support and temporary shelters for victims of domestic violence who have no alternate housing solution. This rental allowance covers a period of three months.
Para 47) Different public campaigns were also lead by the Ministry of Gender Affairs which featured primarily on popular call-in radio programmes. Guest panelists included staff from the Special Victims Unit of the Royal Saint Christopher and Nevis Police Force, and the National Men’s Council.
Para 48) Collaboration with the Ministry of Education resulted in the involvement of primary school children in public service announcements to condemn domestic violence and promote a kinder, gentler society; and secondary school children in public awareness raising activities, such as marches and street theatre.
Para 83) … the Ministry [of Social Services] has a directory of private lawyers who have indicated an interest in providing pro-bono services to victims of domestic violence.