Children's Rights: A tool for justice

On November 20, 2009 people around the world will mark the 20th Anniversary of the Convention on the Rights of the Child.  It is a time to celebrate progress made in respect for children as persons with dignity, worth, and value in society.

The Convention was adopted right after the fall of the Berlin Wall, with talk of peace dividends at the end of the Cold War.  Ratification followed quickly by all states except the US and Somalia.  The Convention is the most ratified of all human rights agreements – but implementation is very weak.

A 20th birthday is a time to go from the idealism of early years to a more mature approach.  It is time to take the Convention seriously and use it as a practical tool for change in Canada. Children’s rights are not just for Africa and Asia, where the challenges are big. Canada lags behind many countries in implementing the Convention and is no longer the leader it was in 1989. 

Young persons under age 18 are 24% of Canada’s population, but they have no voice at the national level and no vote. Among industrialized countries Canada has one of the highest rates of children in child welfare systems, in custody and growing up in poverty.

Too many fall through the cracks of policies set by different departments and different levels of government. This is true for the most vulnerable groups, such as Aboriginal children, children in immigrant and refugee families, children in the justice system, children caught in divorce-related custody disputes and children with disabilities. A Senate Report in 2007 concluded that:
 

Children’s rights are not embedded in Canadian law, in policy, or in the national psyche...At the ground level, children’s rights are pushed to the side and even violated in a variety of situations.
 

The report title captures it well:  Children: the Silenced Citizens.

In the spirit of the hopefulness that birthed the Convention, let’s focus on what could be achieved by its 25th Anniversary. The following goals illustrate the four basic principles of the Convention.

1.  Equitable treatment for all children in Canada’s national Child Benefit System

Are you aware that some children in poor families receive less, after taxes, than children in wealthy families, under the Universal Child Care Benefit, introduced in 2006? Further, the Child Tax Credit introduced in 2007 did nothing for a child in a poor family but benefited a child in a wealthier family by $300 per year. These changes happened at a time when 12.4% of children live in poverty and official government reports acknowledge that children in the wealthiest 10% of families have 10 times the resources that children living in the poorest 10% of households have.

In 2006 the Council of Ministers of Health stated that unequal life chances was the biggest public health issue for children and recommended reform of the national child benefit system. The just released 2009 State of Public Health in Canada repeats the same finding, but ends with only vague suggestions.  Children’s rights are sidelined in a historical box, not used to frame solutions.   

This is a violation of one of the basic principles in children’s rights: no child should be treated unfairly on any basis. Giving every child a good start in life is a top priority.

2.    Put the best interests of children ahead of federal-provincial relations

Aboriginal children are falling through the cracks of federalism. So are other children caught in the complex mix of federal laws and provincial service delivery for children. 

Two years ago parliament passed a resolution on Jordan’s Principle in response to tragic stories of Aboriginal children, but it has not been implemented. Under Jordan’s principle, an Aboriginal child would receive necessary health care and the federal and provincial governments would determine who pays later.

Putting the best interests of children first in all polices affecting children is one of the fundamental principles of the Convention. Let’s make it reality in Canada.

3.  No child should need to become a ward of the state or go into custody to get specific help they need.

There are too many documented cases of children with disabilities and young people with serious mental health issues who cannot access the help they need, and their families are financially unable to provide care. Far too often, these children become wards of the state or get into trouble as young offenders.

This violates a core right to survival and development of the potential of each child. Multiple studies identify the need to focus more on prevention – and it would cost less. Children’s rights look at policies from the point of view of children, integrate the factors that affect their lives, and take their views and development seriously in making decisions that affect them.

4.   Public Accountability and a Voice for Young People

Did you know that a body called the Continuing Committee of Officials on Human Rights meets behind closed doors twice a year to monitor children’s rights? Canada’s third report on implementation was due in January 2009. It is still not available and there has been no public discussion, as required.  The current systems are totally unacceptable for a democratic country in the 21st century.

By the 25th Anniversary Canada should put the basic systems in place:

1. Make the Convention part of Canadian law
2. Establish a Children’s Advocate at the national level with a strong mandate
3. Issue regular, public reports that include young people in the process
4. Develop a mechanism to hear and resolve complaints in Canada and at the UN.

Only when Canada takes children’s rights seriously at home will we regain global credibility as a leader for children’s rights.

 Kathy Vandergrift is the chair of CPJ's board of directors.