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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that the language may have been edited in places for the purpose of clarity.
- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on the Elimination of Discrimination against Women
- UN Committee against Torture
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
____________________________________________________________
(CCPR/C/CAN/CO/5)
Last Reported: 17 and 18 October 2005
Concluding Observations Adopted: 27 and 28 October 2005
Concerns Raised:
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Youth imprisonment: The Committee notes with concern that the Youth Criminal Justice Act enables imprisonment of persons under 18 with adults if serving an adult sentence (arts. 10 and 24).
The Committee urges the State party to:
(a) Ensure that no person under 18 years of age is tried as an adult, and that no such person can be held together with adults in correctional facilities, whether federal, provincial or territorial. (Paragraph 19)
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Subsidies to schools: The Committee expresses concern about the State party's responses relating to the Committee's Views in the case Waldman v. Canada (Communication No. 694/1996, Views adopted on 3 November 1999), requesting that an effective remedy be granted to the author eliminating discrimination on the basis of religion in the distribution of subsidies to schools (arts. 2, 18 and 26).
The Committee urges the State party to:
(a) Adopt steps in order to eliminate discrimination on the basis of religion in the funding of schools in Ontario. (Paragraph 21)
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Welfare Cuts: The Committee is concerned by information that severe cuts in welfare programmes have had a detrimental effect on women and children, for example in British Columbia, as well as on Aboriginal people and Afro-Canadians (arts. 3, 24 and 26).
The Committee urges the State party to:
(a) Adopt remedial measures to ensure that cuts in social programmes do not have a detrimental impact on vulnerable groups. (Paragraph 24)
____________________________________________________________
UN Committee on Economic, Social and Cultural Rights
(E/C12/CAN/CO/6)
Concluding Observations on the Sixth Periodic Report
Adopted by Commmittee: 24-25 February 2016
Published: 4 March 2016
Issues Raised:
Ratification:
The Committee welcomes the ratification of Persons with Disabilities in 2010. In addition, the reappeal of section 60 of the Canadian Human Rights Acts in 2008, enabling people to file compalints to the Canadian Human Rights Commission. Moreover, the Committee welcomes the Restoration of the Interim Federal Health Programme in December 2015 for refugees and asylum-seekers. Furthermore, it welcomes the establishment of a national inquiry to murders and disapperances of indegionous women and girls, as well as the commitment to implement the UN Declaration on the Rights of Indeginous Peoples. Lastly, the Committee welcomes the recent appointment of the new Federal Cabinet in which 50% of new Ministers are women, and 17% “visible minorities”.
(paras. 3, 4)
Inequality between Men and Women:
The Committee is concerned at the discrimination against women in the State party. In particular it is concerned that owing to women’s primary role as care-givers in the family, women are overrepresented in part-time work and in low-paid sectors, thus perpetuating the gender segregation in the workplace and the gender wage gap The Committee is further concerned about the remaining gender-based discriminatory provisions in the Indian Act concerning Indian status classification. Thus the Committee recommends the government to implement a gender equality policy and pursue its commitment to provide affordable child-care services across the country so as to assist parents to balance family and employment responsibilities as well as intensify its efforts to eliminate the gender role stereotypes and prejudices,including through awareness-raising campaigns.
(paras. 21, 22)
Child benefits:
The Committee is concerned about the existence of claw-back provisions in some jurisdictions that allow deducting child benefits from social assistance benefits.
(para. 29)
Violence Againsy Women and Girls:
The Committee is concerned about the persistence of violence against women and girls, especially prevalent against indigenous women and girls, further exacerbated by the economic insecurity of women, In addition, it is concerned about the inadequacy and insufficient number of shelter for women and girls victims of violence.
(para. 33)
Children in Foster Care:
The Committee is concerned at the higher likelihood that indigenous children be placed in child care institutions, whichis further exacerbated by the inadequate funding to child welfare services to indigenous peoples living on reserves. The Committee is also concerned that African-Canadian children are over-represented in child care institutions.
(para. 35)
Right to Education:
The Committee is concerned by the continuous lower educational and academic achievements by indigenous and African-Canadian children. The Committee is particularly concerned by the latter’s high drop-out rates at all school levels. The Committee is also concerned about reported barriers for children whose parents have no legal status in accessing schooling.
Furthermore, the Committee is concerned at the increasing tuition fees in post-secondary education combined with decreasing governmental funding, whichdisproportionately impacts students and families with low income as well as indigenous peoples.
(paras. 55, 57)
(E/C.12/CAN/CO/5)
Last Reported: 5 and 8 May 2006
Concluding Observations Adopted: 19 May 2006
Concerns Raised
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Discrimination: The Committee notes with concern that the long-standing issues of discrimination against First Nations women and their children, in matters relating to Indian status, band membership, and matrimonial real property on reserve lands have still not been resolved. The Committee notes that such discrimination has had a negative impact on the enjoyment of economic, social and cultural rights of some First Nations women and their children under the Covenant.
The Committee recommends that the State party:
(a) In consultation with First Nations and including Aboriginal women's groups, adopt measures to combat discrimination against First Nations women and their children in matters relating to Indian status, band membership and matrimonial property.
(b) Repeal section 67 of the Canadian Human Rights Act, which prevents First Nations people from filing complaints discrimination before a human rights commission or tribunal.
(c) Amend the Indian Act to remove any residual discrimination against First Nations women and their children. (Paragraphs 17 and 45)
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National Child Benefit Scheme: The Committee is deeply concerned by the discriminatory impact of the National Child Benefit "clawback system" on the poorest families in Canada, in particular single-mother-led families.
The Committee urges the State party to:
(a) Amend the National Child Benefit Scheme so as to prohibit provinces and territories from deducting child benefit from social assistance entitlements. (Paragraphs 23 and 55)
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Foster Care: The Committee notes with concern that low-income families, single-mother-led families and Aboriginal and African Canadian families, are overrepresented in families whose children are relinquished to foster care. The Committee is also concerned that women continue to be forced to relinquish their children into foster care because of inadequate housing.
The Committee recommends that the State party:
(a) Gather disaggregated statistical data in relation to the relinquishment to foster care of children belonging to low-income families, single-mother-led families, and Aboriginal and African Canadian families in order to accurately assess the extent of the problem.
(b) In accordance with the provisions of article 10 of the Covenant on the protection of families, the federal, provincial and territorial governments undertake all necessary measures including through financial support, where necessary, to avoid such relinquishment. (Paragraphs 24 and 55)
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Education: The Committee is concerned about information that African Canadian students face difficulties in accessing education and that they experience a disproportionately high drop-out rate from secondary school.
The Committee recommends that the State party:
(a) Ensure by every appropriate means that higher education be made equally accessible to all, on the basis of capacity.
(b) Conduct an overall assessment of the situation of African Canadians, particularly in the area of education, in order to adopt and effectively implement a targeted programme of action to realise their rights under the Covenant. (Paragraphs 32, 65, and 66)
____________________________________________________________
UN Committee on the Elimination of Racial Discrimination
CERD/C/CAN/CO/21-23
Last reported: 16 May 2016
Concluding observations issued: 13 September 2017
Concerns and recommendations
Violence against indigenous women and girls
The Committee is alarmed at the continued high rates of violence against indigenous women and girls in the State party. While welcoming the 2016 launch of the National Inquiry into Missing and Murdered Indigenous Women and Girls, the Committee is concerned at the lack of an independent mechanism to re-examine cases where there is evidence of inadequate or biased investigations, and at the failure to provide regular progress reports and to build transparent and accountable relationships with survivors, families and stakeholders (arts. 2, 5 and 6) (para 23).
Recalling its general recommendation No. 25 (2000) on gender-related dimensions of racial discrimination, the Committee recommends that the State party: take immediate action to end violence against indigenous women and girls. Provide support and access to equal services for survivors. Enact a national action plan on violence against women, inclusive of the federal, provincial and territorial jurisdictions, with special provisions to end the high rates of violence against indigenous women and girls; apply a human rights-based approach to the Inquiry by examining the issues holistically to identify barriers to equality and their root causes and to recommend lasting solutions. Monitor progress to achieve these recommendations, with the participation of affected survivors, families and stakeholders; establish an independent review mechanism for unsolved cases of missing and murdered indigenous women and girls where there is evidence of bias or error in the investigation; publicly report on violence against indigenous women and girls, including data on reported cases of violence, murder, and missing indigenous women and girls, and on the numbers of investigations, prosecutions and convictions; (para 24, a, b, c and d).
Discrimination against indigenous children
The Committee is alarmed that despite its previous recommendation (see CERD/C/CAN/CO/19-20, para. 19) and multiple decisions by the Canadian Human Rights Tribunal, less money is reportedly provided for child and family services for indigenous children than for children in other communities, and that this gap continues to grow. The Committee is also concerned that the federal Government has adopted an overly narrow definition of Jordan’s Principle, as stated in the Canadian Human Rights Tribunal decision First Nations Child and Family Caring Society of Canada et al. v. Attorney General of Canada, in 2016, and has failed to address the root causes of displacement, while tens of thousands of children are needlessly removed from their families, communities and culture and placed in State care (arts. 1-2 and 5-6)(para 27).
The Committee recommends that the State party: fully comply with and implement the January 2016 ruling (2016 CHRT 2) and subsequent non-compliance orders (2016 CHRT 10, 2016 CHRT 16 and 2017 CHRT 14) of the Canadian Human Rights Tribunal, and end the underfunding of First Nations, Inuit and Métis child and family services; ensure that all children, on and off reserve, have access to all services available to other children in Canada, without discrimination; implement the full scope and meaning of Jordan’s Principle so that access to these services is never delayed or denied because of disputes between the federal, provincial and territorial governments over their respective responsibilities; address the root causes of displacement, such as poverty and poor housing, that disproportionately drive children into foster care (para 28, a, b, c and d).
Discrimination in the education system
The Committee is concerned at the reported disparity in resource allocation for education and the lack of sufficient funding of mother tongue education programmes, leading to unequal access to quality education, especially for African-Canadian and indigenous children, which contributes to future socioeconomic disparity among these groups. The Committee is also concerned that African-Canadian students are reportedly disciplined more harshly than other students, which forces them out of learning environments and contributes to the “school-to-prison pipeline” (art. 5). (para 29).
The Committee recommends that the State party: ensure equal access to quality education for all children in the State party, without racial discrimination and regardless of whether the child lives on or off of a reserve; address funding inequalities identified in the Parliamentary Budget Officer’s 2016 report, and other funding inequalities of schools attended by indigenous, African-Canadian and other ethnic minority children. Work in consultation with affected groups to ensure that schools are adequately resourced and can meet the distinct cultural and linguistic needs of ethnic minority and indigenous students; create a national education strategy to prevent the low educational attainment and high dropout, suspension and expulsion rates of African-Canadian children. Collect disaggregated data on disciplinary measures in respect of African-Canadian children, in order to monitor and track the impact of measures to reduce discriminatory effects of disciplinary procedures (para 30, a, b and c).
Situation of migrants, refugees and asylum seekers
The Committee is concerned that migrant children are detained (para 33, b). In light of its general recommendations No. 22 (1996) on article 5 of the Convention on refugees and displaced persons and No. 30 (2004) on discrimination against non-citizens, the Committee recommends that the State party immediately end the practice of detention of minors (para. 34, b).
Other recommendations
Ratification of other instruments
The Committee recommends that the State party consider ratifying the International Convention for the Protection of All Persons from Enforced Disappearance, the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, the Optional Protocol to the Convention on the Rights of Persons with Disabilities, and the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169) (para 35).
CERD/C/CAN/CO/19-20
Last reported: 22 / 23 February 2012
Concluding Observations issued: 4 April 2012
Issues raised:
Education and minorities: While noting different measures taken by the State party to address the socio-economic inequalities faced by African Canadians, such as the Federal Employment Act, the African Nova Scotian Employability Table, as well as policies concerning minority groups in the State party, the Committee is concerned that African Canadians continue to face discrimination in the enjoyment of social, economic and cultural rights, in particular in access to employment, housing, education, wages, and positions in the public service (art. 5). Para 16.
Violence: The Committee takes note of various measures taken by the State party to combat violence against Aboriginal women and girls, such as the Family Violence Initiative, the Urban Aboriginal Strategy, and various initiatives taken at the provincial or territorial level to address murders and disappearances of Aboriginal women. However, the Committee remains concerned that Aboriginal women and girls are disproportionately victims of life-threatening forms of violence, spousal homicides and disappearances (art. 5).Para 17.
The Committee recommends that the State party:
(a) Strengthen its efforts to eliminate violence against Aboriginal women in all its forms by implementing its legislation and reinforcing its preventive programmes and strategies of protection, including the Shelter Enhancement Program, the Family Violence Prevention Program, the Policy Centre for Victim Issues and the Aboriginal Justice Strategy and the new National Police Support Centre for missing persons;
(b) Facilitate access to justice for Aboriginal women victims of gender-based violence, and investigate, prosecute and punish those responsible;
(c) Conduct culturally-sensitive awareness-raising campaigns on this issue, including in affected communities and in consultation with them;
(d) Consider adopting a national plan of action on Aboriginal gender-based violence;
(e) Consult Aboriginal women and their organizations and support their participation in development, implementation and evaluation of measures taken to combat violence against them.
The Committee further recommends that the State party support existing databases and establish a national database on murdered and missing Aboriginal women and provide the Committee with statistical data and information on concrete results of its programmes and strategies.
Recalling its general recommendation No. 34 (2011) and in light of its general recommendation No. 32 (2009) on the meaning and scope of special measures in the International Convention of All Forms of Racial Discrimination, the Committee recommends that the State party take concrete specific measures to foster the effective integration at federal, provincial and territorial levels of African Canadians into Canadian society by effectively ensuring the implementation of its non-discrimination legislation, in particular the Federal Employment Equity Act, and policies regarding access to employment, non-discriminatory wages, housing, and public service. The Committee also recommends that the State party strengthen its special measures to increase the level of educational attainment of African Canadian children in particular by preventing their marginalization and reducing their dropout rates. The Committee requests that the State party provide it with information on specific measures taken as well as on their concrete results.
Poverty: While noting measures taken by the State party, such as the Aboriginal Health Transition Fund, Canada Economic Action Plan 2009, the new Federal Framework for Aboriginal Economic Development, and the new Aboriginal Skills and Employment Training Strategy, the Committee remains concerned about the persistent levels of poverty among Aboriginal peoples, and the persistent marginalization and difficulties faced by them in respect of employment, housing, drinking water, health and education, as a result of structural discrimination whose consequences are still present (art. 5). Para 19.
The Committee recommends that the State party, in consultation with Aboriginal peoples, implement and reinforce its existing programmes and policies to better realize the economic, social and cultural rights of Aboriginal peoples, in particular through:
(a) Speeding up the provision of safe drinking water to Aboriginal communities on reserves;
(b) Intensifying efforts to remove employment-related discriminatory barriers and discrepancies in salaries between Aboriginal and non-Aboriginal people, in particular in Saskatchewan and Manitoba;
(c) Finalizing the construction of homes for the Attawapiskat communities in northern Ontario, and facilitating access to housing by Aboriginal people, by adopting and implementing the plan currently being drafted;
(d) Facilitating their access to health services;
(e) Improving access to education for Aboriginal children including to the post-graduate education, in particular by generalizing the Enhanced Prevention Focus, and providing it with sufficient funding;
(f) Discontinuing the removal of Aboriginal children from their families and providing family and child care services on reserves with sufficient funding;
(g) Providing adequate compensation through an appropriate settlement mechanism, to all students who attended the Indian Residential Schools in order to fully redress the intergenerational effects.
The Committee requests that the State party, in consultation with indigenous peoples, consider elaborating and adopting a national plan of action in order to implement the United Nations Declaration on the Rights of Indigenous Peoples.
The Committee also requests that the State party provide it with information on the progress and concrete results of such programmes and policies, in its next periodic report.
(CERD/C/CAN/CO/18)
Last Reported: 20 and 21 February 2007
Concluding Observations Adopted: 5 March 2007
Concerns Raised
-
First Nations women: The Committee notes with regret the lack of substantial progress made by the State party in its efforts to address residual discrimination against First Nations women and their children in matters relating to Indian status, band membership and matrimonial real property on reserve lands, despite its commitment to resolving this issue through a viable legislative solution (arts. 2 and 5 d)).
The Committee urges the State party to:
(a) Take the necessary measures to reach a legislative solution to effectively address the discriminatory effects of the Indian Act on the rights of Aboriginal women and children to marry, to choose one's spouse, to own property and to inherit, in consultation with First Nations organisations and communities, including aboriginal women's organisations, without further delay. (Paragraph 15)
____________________________________________________________
UN Committee on the Elimination of Discrimination against Women
CEDAW/C/CAN/CO/8-9
Concluding observations published: 18 November 2016
Legislative framework: The Committee remains concerned about continued discrimination against indigenous women, in particular regarding the transmission of Indian status, preventing them and their descendants from enjoying all the benefits related to such status. The Committee recommends that the State party remove all remaining discriminatory provisions of the Indian Act that affect indigenous women and their descendants, and ensure that aboriginal women enjoy the same rights as men to transmit status to their children and grandchildren (paras 12, 13).
Extraterritorial State obligation: The Committee is concerned about the negative impact of the conduct of transnational companies, in particular mining corporations, registered or domiciled in the State party and operating abroad on the enjoyment of the rights enshrined in the Convention by local women and girls; The Committee recommends that the State party Strengthen its legislation governing the conduct of corporations registered or domiciled in the State party in relation to their activities abroad, including by requiring those corporations to conduct human rights and gender impact assessments prior to making investment decisions (paras 18, 19).
National machinery for the advancement of women and gender mainstreaming: The Committee is, nevertheless, concerned about the absence of a comprehensive national gender equality strategy, policy and action plan that address the structural factors causing persistent gender inequalities. The Committee recommends that the State party develop a comprehensive national gender strategy, policy and action plan that addresses the structural factors causing persistent inequalities, including intersecting forms of discrimination, against women and girls, with a special focus on disadvantaged groups of women and girls, including First Nations, Inuit, Métis, Afro-Canadian, disabled, migrant, refugee, asylum-seeking, single parent, lesbian, bisexual, transsexual and intersex women and girls (paras 20, 21).
Stereotypes and harmful practices: The Committee welcomes the legislative and other measures taken to combat harmful practices, including child and forced marriage, female genital mutilation and crimes in the name of so-called honour. The Committee is, however, concerned that information on harmful practices and the ways to combat them in the State party is not readily accessible to many women. The Committee recommends that the State party systematically collect disaggregated data on harmful practices in the State party and make information on ways to combat such practices widely available (paras 22, 23).
Gender-based violence against women: The Committee notes with appreciation that the Ministry of Status of Women is currently working with other Ministries to develop a federal strategy against gender-based violence. It also notes a number of federal criminal laws, complemented by provincial and territorial civil laws and policies, addressing gender-based violence against women, including against aboriginal women and girls. However, the Committee is concerned about the continued high prevalence of gender-based violence against women in the State party, particularly against indigenous women and girls. The Committee recommends that the State party enhance its efforts to firmly combat all forms of gender-based violence against women, including domestic and sexual violence, paying particular attention to minority and indigenous women (paras 24, 25).
Murdered and missing indigenous women and girls: The Committee commends the State party’s decision in 2015 to establish a National Inquiry into Missing and Murdered Indigenous Women and Girls, which was one of the main recommendations of the Committee’s inquiry conducted in 2013. However, it is concerned about the insufficient measures taken to ensure that all cases of missing and murdered indigenous women are duly investigated and prosecuted. The Committee recommends that the State party fully implement, without delay, all recommendations issued by the Committee in the 2015 report on its Canada inquiry; Ensure that all cases of missing and murdered indigenous women are duly investigated and prosecuted (paras 26, 27).
Trafficking and exploitation of prostitution: The Committee is concerned about the low rates of prosecution and conviction in cases of trafficking in women and girls; The lack of adequate mechanisms to identify and refer victims of trafficking in need of protection, in particular unaccompanied children, who are often considered as offenders and irregular migrants, rather than as victims, and the lack of sufficient data on victims of trafficking; Reports that indigenous women and girls in foster care and in child welfare system are particularly vulnerable to sex trafficking; The insufficient efforts to prevent trafficking and exploitation of women and girls in prostitution and to address its root causes (para 32).
The Committee recommends that the State party strengthen measures to identify and provide support to women at risk of trafficking, in particular unaccompanied children; Investigate, prosecute and adequately punish all cases of trafficking in persons, especially women and girls; Address the root causes of trafficking and exploitation of women and girls in prostitution by adopting and implementing adequately resourced programmes and other appropriate measures to create educational and employment opportunities for women, particularly among the indigenous community, who are at risk of being trafficked or entering into or who are already engaged in prostitution and wish to leave it (para 33).
Education: The Committee notes with concern the continuous lower educational and academic achievements of indigenous and Afro-Canadian women and girls and their high dropout rates at all levels of education; The significant barriers, including lack of grants and fragmented funding of educational programmes, which prevent disadvantaged and marginalized women and girls, in particular indigenous, Afro-Canadian women and those with children in need of childcare, and other women in remote and rural areas, from accessing post-secondary education; The high number of girls who suffer from discrimination and sexual harassment in schools and the disproportionate number of migrant, refugee, asylum seeking and indigenous girls, as well as girls with disabilities, who continue to face difficulties in gaining access to high-quality education (para 36).
The Committee recommends that the State party increase grants and remove the funding cap on the Post-Secondary Student Support Program to ensure that indigenous women and girls have access to funding for post-secondary education; Strengthen its strategies to address discriminatory stereotypes and structural barriers that may deter girls from progressing beyond secondary education and enrolling in traditionally male-dominated fields of study, such as mathematics, information technology and science; Continue to combat discrimination against disadvantaged groups of women and girls in access to high-quality education, including by adopting temporary special measures, and ensure the effective monitoring and evaluation of the impact of such measures, to inform remedial action (para 37).
Employment: The Committee is concerned about the slow progress made in the field of employment and more specifically about the continuing horizontal and vertical occupational segregation and the concentration of women in part-time and low-paid jobs, which is often due to their parallel traditional child raising and caretaking responsibilities, as well as the low representation of women in managerial positions in companies; The lack of affordable childcare facilities and the low use of parental leave by fathers. The Committee recommends that the State party create more opportunities for women to gain access to full-time employment, including by adopting a rights-based national childcare framework in order to provide sufficient and adequate childcare facilities, and strengthen incentives for men to exercise their right to parental leave (paras 38, 39).
Health: The Committee remains concerned at disparities in access to such services and to affordable contraceptives. The Committee recommends that the State party:
Make affordable contraceptives accessible and available to all women and girls, in particular those living in poverty and/or in remote areas (paras 40, 41).
(CEDAW/C/CAN/CO/7)
Last Reported: 22 October 2008
Concluding Observations Adopted:
Concerns Raised
-
Discriminatory legislation: The Committee is concerned that the Convention has not been fully incorporated into domestic law and that discriminatory legislation still exists. In particular, the Committee is concerned at the fact that the Indian Act continues to discriminate between descendants of Indian women who married non-Indian men and descendants of Indian men who married non-Indian women with respect to their equal right to transmit Indian status to their children and grandchildren. It is also concerned that section 67 of the Canadian Human Rights Act, although repealed, still provides clauses stating that the Indian Act should be applied in a manner that gives due regard to First Nations legal traditions and customary laws, balancing individual rights and collective rights.
The Committee recommends that the State party:
(a) Ensure the full incorporation of all substantive provisions of the Convention into domestic law.
(b) Take immediate action to amend the Indian Act to eliminate the continuing discrimination against women with respect to the transmission of Indian status, and in particular to ensure that aboriginal women enjoy the same rights as men to transmit status to children and grandchildren, regardless of whether they have married out or of the sex of their aboriginal ancestors.
(c) Find measures to ensure that section 67 of the Canadian Human Rights Act is interpreted and applied in a way that provides full protection for aboriginal women against discrimination and full redress for any human rights violations. (Paragraphs 17 and 18)
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Violence against women: The Committee welcomes initiatives at the federal, provincial and territorial levels to address violence against women, in particular domestic violence, and initiatives such as the Sisters in Spirit Initiative and the Aboriginal People's Programme, which specifically address violence against aboriginal women, as well as the participation of men in the process of combating violence against women, as demonstrated by the White Ribbon Campaign. While the Committee notes with interest the State party's indication that there has been a slight decline in the number of spousal abuse incidents reported, it remains concerned that domestic violence continues to be a significant problem. The Committee also expresses concern at what is apparently an increasingly common practice — using mediation and other alternative responses instead of prosecution in cases of domestic violence — and at the increased use of "dual charging". The Committee is also concerned at reports of high levels of violence against adolescent girls in the family and society. Furthermore, while noting with appreciation the State party's Shelter Enhancement Programme, the Committee is concerned that the number of shelters for victims of violence is still insufficient. The Committee is also concerned that convictions for offences related to domestic violence may not be taken into account in child custody or visitation cases.
The Committee recommends that the State party:
(a) Continue to give priority attention to combating violence against women, in accordance with general recommendation 19, on violence against women.
(b) Enact legislation specifically addressing domestic violence against women, making it a criminal offence and ensuring that women who are victims of domestic violence have access to immediate means of redress and protection and that perpetrators are prosecuted and adequately punished, and that it put in place "primary aggressor" policies.
(c) Provide adequate shelters and appropriate support services in all jurisdictions for women and adolescent girls who are victims of violence, and that the shelter and services needs of aboriginal women, women with disabilities, immigrants, refugees and trafficked women and rural and northern women be addressed.
(d) Implement legislation requiring that domestic violence convictions be taken into account in child custody or visitation decisions. (Paragraphs 29 and 30)
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Women and girls in prison: The Committee notes with concern that a disproportionate number of aboriginal women are incarcerated; this is true also of Afro-Canadian women and other women of colour. The Committee is concerned at the fact that, while women in the federal prison system in general pose a low security risk, many are classified at a maximum-security level, which restricts their access to work and community programmes and to aboriginal healing lodges. In addition, the Committee is concerned about the continuing presence of male guards in female prisons, which increases the risk of sexual harassment or assault and violates the right to privacy of female detainees. The Committee expresses additional concern at the treatment of adolescent girls in juvenile detention, who are often detained in mixed-sex prisons, where they are exposed to violence from adolescent male detainees or from male prison guards.
The Committee calls on the State party to:
(a) Address the issue of the overincarceration of aboriginal women and women of colour and to redesign its classification system for women in the federal prison system;
(b) Discontinue the practice of employing male guards as front-line staff in women's institutions and to establish an external redress and oversight mechanism for federal women prisoners that is independent, comprehensive and accessible;
(c) Ensure that girls are not held in mixed-sex youth prisons or detention centres. (Paragraphs 33 and 34)
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Affordable childcare and housing: While the Committee notes that the minimum wage rate has increased in a number of provinces and territories, it remains gravely concerned at the fact that poverty is widespread among women, in particular aboriginal women, minority women and single mothers. While noting that the Government of Canada provides support for families through the Universal Child Care Plan, which includes the Universal Child Care Benefit and support for childcare spaces, the Committee remains concerned at lack of affordable quality childcare spaces. The Committee notes with interest the State party's indication that federal spending on housing has never been higher, but regrets the absence of a national housing strategy and expresses concern at the current severe housing shortage, in particular in aboriginal communities, and at the high costs of rent and the impact thereof on women. The Committee is particularly concerned at the impact of the lack of affordable childcare and affordable housing on low-income women with families.
The Committee urges the State party to:
(a) Step up its efforts to provide a sufficient number of affordable childcare spaces and affordable and adequate housing options, including in aboriginal communities, with priority being given to low-income women, who are particularly disadvantaged in those areas.
(b) Carry out a cost-benefit analysis to assess the impact of current living standards, housing and childcare situations on the economic empowerment of women and present the findings in its next report to the Committee; such an analysis should have a special focus on low-income women, taking into account the amount of social assistance they receive from the State compared with the actual cost of living, including housing and childcare. (Paragraphs 39 and 40)
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Children in state custody: While welcoming the efforts of child and family services to place greater emphasis on prevention services, the Committee remains concerned at the fact that a disproportionately high number of aboriginal children, including girls, are being taken into State custody.
The Committee recommends that the State party:
(a) Take all necessary measures to address the issue of the separation of aboriginal children from their parents, giving particular attention to contributing factors such as poverty, lack of housing, violence and drug abuse. (Paragraphs 45 and 46)
____________________________________________________________
CAT/C/CAN/CO/6
Last reported: 21 / 22 May 2012
Concluding Observations issued: 25 June 2012
Issues raised:
Violence: While noting several measures taken by the federal and provincial governments to combat high violence against Aboriginal women and girls, including cases of murders and disappearances (CAT/C/CAN/Q/6/Add.1, paras. 76 ff), the Committee is concerned about ongoing reports that: (a) marginalized women, in particular Aboriginal women, experience disproportionately high levels of life-threatening forms of violence, spousal homicides and enforced disappearances; and (b) the State party failed to promptly and effectively investigate, prosecute and punish perpetrators or provide adequate protection for victims. Furthermore, the Committee regrets the statement by the delegation that the issues on violence against women fall more squarely within other bodies’ mandate and recalls that the State bears responsibility and its officials should be considered as authors, complicit or otherwise responsible under the Convention for consenting to or acquiescing in acts of torture or ill-treatment committed by non-State officials or private actors (arts. 2, 12, 13 and 16). Para 1.
The State party should strengthen its efforts to exercise due diligence to intervene to stop, sanction acts of torture or ill-treatment committed by non-State officials or private actors, and provide remedies to victims. The Committee recommends that the State party enhance its efforts to end all forms of violence against aboriginal women and girls by, inter alia, developing a coordinated and comprehensive national plan of action, in close cooperation with aboriginal women’s organizations, which includes measures to ensure impartial and timely investigation, prosecution, conviction and sanction of those responsible for disappearances and murder of aboriginal women, and to promptly implement relevant recommendations made by national and international bodies in that regard, including the Committee on the Elimination of Racial Discrimination, the Committee on the Elimination of Discrimination against Women, and the Missing Women Working Group.
(CAT/C/CR/34/CAN)
Last Reported: 4 and 6 May 2005
There was no mention of children's rights in this report.
____________________________________________________________
UN Committee on Migrant Workers
____________________________________________________________
UN Committee on the Rights of Persons with Disabilities
CRPD/C/CAN/CO/1
Last reported: 11 February 2014
Concluding observations issued: 12 April 2017
Issues raised and recommendations:
Children with disabilities (art. 7): The Committee commends the support programme adopted in Quebec aimed at providing independent living for children until 21 years of age who are not autonomous to stay alone at home on their own as well as the network for children with high level requirement of support for care in their child care services. However, the Committee notes with concern that the Government of Canada has not collected data on children with disabilities since 2006. It also notes that there are now more indigenous children in the care of Canadian services than there ever were in residential schools. It is further concerned about the lack of criteria to apply the principle of the best interests of the child in actions concerning children with disabilities (para. 17).
The Committee recommends that the State party: collect disaggregated information about the situation and discrimination faced by children with disabilities, particularly indigenous children with disabilities, so as to formulate targeted programs to tackle exclusion faced by them; ensure earmarked budget allocations for children with disabilities in periodic expenditure programmes at all levels of administration and introduce monitoring indicators of such allocations; provide access to schools for indigenous children so as to limit their overrepresentation in Canadian welfare services. This can be achieved through direct communication with Indigenous communities as this will lead to a more issue-specific resolution; introduce guidelines among all levels of administration on how to implement the principle of the best interest of the child in the design, implementation, monitoring of legislation and policies concerning children with disabilities; and prioritise the human rights of children with disabilities in public policies, in particular the recognition of their identity and evolving capacities, of deaf children, deaf-blind children, hard of hearing children and their different requirements, autistic children, and children with psychosocial and/or intellectual disabilities (para. 18).
Freedom from exploitation, violence and abuse (art. 16): the Committee is concerned about violence and abuse against children with disabilities, including sexual violence and lack of mechanisms to access to justice, remedies and redress. It recommends the State party to strengthen support and services to parents of children with disabilities in order to prevent abuse and violence (para. 33 and 34).
Respect for private and family life (art. 23): the Committee is concerned that parents with disabilities do not receive adequate and appropriate services and supports from provincial and territorial child welfare agencies, resulting in children being removed from the home. It is further concerned, that parents of children with disabilities do not receive all the adequate supports to maintain their children in their home which at times forces them to place their child in foster care, group homes or institutions. The Committee recommends that the State party work with the provinces and territories to ensure that parents with disabilities have access to the supports and services they require to effectively fulfil their role as parents and to ensure that disability is not used as a reason to place their children in care or remove their child from the home. The Committee further recommends that the State party consider the provision of timely support necessary to maintain the optimal family environment for children with disabilities (para. 41 and 42).
Education (art. 24): the Committee is concerned about the persistence of segregated special education environments for students with disabilities who require high level of support or when it is considered that a student with disabilities may interfere in the educational process of their peers; gap in access to education and educational achievements for persons with disabilities; lower levels of educational achievement for women and girls with disabilities; children in segregated schools not benefitting from after school programs, which reduce their ability to engage in leisure and physical activities that are essential for their health and development; and isolation of hard of hearing and Deaf children in education due to the lack of peer groups (para. 43).
The Committee recommends that the State party adopt, implement and oversee policies on inclusive and quality education throughout its territory; promote the enrolment in education of all persons with disabilities, especially women and children, members of indigenous communities and those living in remote and rural areas; ensure that teachers are trained in inclusive education at all levels, in sign language and other accessible formats of information and communication; adopt a strategy for the provision of reasonable accommodation in schools and other learning institutions, including technology and classroom support, accessibility and learning materials; be guided by article 24 of the Convention and by the Committee’s General comment No. 4 (2016) on the right to inclusive education while implementing targets 4.5 and 4.8 of the Sustainable Development Goals; and ensure Sign language learning environments in bilingual schools to enable signing hard of hearing and Deaf children to be fully included in education (para. 44).
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UN Committee on Enforced Disappearance
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