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Executive Summary
In 1999, the Committee on the Rights of the Child will review
Canada's second report on its efforts to implement the CRC. One
of the areas of interest to the Committee at that time will be the
extent to which Canada has implemented the general measures
covered in Articles 4, 42, 44 and 45 of the Convention. The thrust
of this summary is to review and assess Canada's performance in
relation to the Convention and to make suggestions for
improvement.
The Canadian Coalition on the Rights of Children (CCRC) is a non-
governmental organization consisting of over 50 member
organizations working for the implementation of the CRC in
Canada and abroad. The Coalition was instrumental in Canada's
ratification of the CRC. It continues to be actively involved in
implementing, reporting on, and monitoring the Convention, and
last year, it developed a monitoring format to collect and collate
information on the status of children's rights.
The format used to present the findings in this research paper is
modeled on the Coalition's monitoring format. A three-month
placement at UNICEF headquarters in New York, facilitated access
to the reports of States Parties to the Convention. A variety of
other sources including, newspapers, books, reports, telephone
and in person interviews were also used to gather information.
While the original intent was to look at federal, provincial and
territorial jurisdictions, time constraints limited the information
gathered to a focus on federal implementation efforts. The
absence of children's voices throughout the report is recognized
as a major shortcoming.
What follows is a synopsis of the main points covered in the
report.
ARTICLE 4 - LEGISLATIVE MEASURES
The Government of Canada has the power to ratify' international
human rights treaties but it does not have the power to legislate
in areas of provincial jurisdiction. However, when the Government
ratified the Convention it was fully aware that the
federal/provincial/territorial nature of the country would
complicate implementation of the Convention, as it does other
international human rights treaties. On a positive note, many of
the rights in the CRC are covered in the Charter of Rights and
Freedoms.' On a less positive note, the Convention is not part of
domestic law and cannot be directly invoked in Canadian Courts.
Rather, the CRC has persuasive authority and has been cited,
though rarely, in the Supreme Court of Canada, divorce, custody
and/or access cases, in support of the best interests of the child
principle. In immigration cases, CRC arguments tend to command
little or no weight. The CRC needs to be incorporated into law
school curricula as well as in the training and upgrading courses
for the judiciary in order to make them more cognizant of and
sensitive to the importance of Canada's international obligations.
ARTICLE 4- ADMINISTRATIVE MEASURES
Since ratification of the CRC, some important initiatives have been
undertaken. Among them, the establishment of a childhood and
Youth Division (CYD), within the department of Health Canada, to
coordinate policies and deliver programs for children and youth.
Included in the CYD's programs for mothers and children at risk
are the Canada Prenatal Nutrition Program and the Community
Action Program.2
The actual implementation of the Convention is shared by a
federal-provincial-territorial Continuing Committee of Officials
on Human Rights and the federal, provincial and territorial
governments.3 This sharing of responsibility, though
commendable, makes it difficult to ensure effective coordination
and complicates efforts to monitor the implementation of the
Convention. Two suggestions are recurrent in the context of
administrative measures to improve Canada's implementation of
the Convention. First and foremost, it has been noted that
Canada should consider establishing an independent body to
monitor the implementation of the CRC. Second, it is believed that
there is room to strengthen coordination among existing
mechanisms; to that end, Canada might consider establishing a
federal department
for children.
ARTICLE 4- ECONOMIC, SOCIAL & CULTURAL RIGHTS TO THE
MAXIMUM EXTENT OF RESOURCES
A 75% reduction in child mortality rates over the last 30 years is
one of the most notable gains in improving the well-being of
Canada's children. Nevertheless, Canada continues to struggle
with increasing rates of child poverty. The statistics speak for
themselves:5 40% of welfare recipients are children; 40% of
people served by food banks are children; 25% of homeless
people are children. It is estimated that 1 in 5 or 1.4 million
children live in poverty. This represents a 55% increase since
1989 when the government made a commitment to eliminate
poverty by the year 2000. A recession, structural adjustment
policies and budget cuts have had and continue to have adverse
effects on Canadian children. In light of this and because of
pressure from NGOs, the Government has stated its commitment
to build a comprehensive National Child Benefit System and to
work with provincial and territorial governments to develop a
National Children's Agenda. It is essential, however, that any
strategy include a family security system, a progressive income
support system, good jobs, accessible and affordable quality child
care and adequate housing.6 With these criteria in mind the
Government should take up Campaign 2000's challenge to reduce
the depth and rate of poverty by 50% by the year 2000 and
should endeavor to ensure that its National Children's Agenda
produce the desired results.
ARTICLE 4-INTERNATIONAL COOPERATION
In January 1997, Lloyd Axworthy, Minister of Foreign Affairs and
International Trade, stated that Canada would consider applying
child-rights standards to foreign aid in an attempt to combat child
labour.7 The Canadian International development Agencies
1997 Draft Policy for Children seems to be a step in that direction.
Canada's leadership role in the drafting of this Convention, its
support for various optional protocols to the Convention, and its
diplomatic campaign to ban the fabrication, use and a stockpiling
of land mines speak to Canada's leadership role in matters
international. Despite progressive policies, Canada's Official
Development Assistance budget decreased from 0.45% in 1993,
to 0.43% in 1994, to 0.36% in 1995', reaching a low of 0.3% of
its GNP, in recent years.9 This, despite Canada reiterating a
commitment to allocating 0.7 of its GNP to ODA at the World
Summit for Children in 1990 and in its October 1997 report to the
Committee on the International Covenant on Economic, Social
and Cultural Rights.'0 Budget cuts translate into less support for
overseas development organizations, thus limiting their ability to
design and develop sustainable projects. A conscientious effort to
apply the rights and principles outlined in the CRC coupled with
increased budget allocations with a view to moving toward the
target of 0.7% are essential if Canada is to live up to its
commitment under article 4. NGOs too must be vigilant about
ensuring that children's rights are respected, promoted and
prioritized at the project level.
1. Canadian Heritage, Convention on the Rights of the Child: First
Report on Canada (Ottawa: Human Rights Directorate,
Department of Canadian Heritage, 1994), p.8.
2 Health Canada, Information: Childhood and Youth Division
Population Health Directorate Health Promotion and Programs
Branch (January 1997)
3 Canadian Heritage, Convention on the Rights of the Child First
Report of Canada. (Canada: 1994) p.7.
4. The Canadian Council on Social Development, The Progress of
Canada's Children (Canada: 1996) p.6.
5.Canadian Council on Social Development, The Progress of
Canada's Children. National Anti-Poverty Organization, NAPO
Facts: More Facts About Child Poverty. Campaign 2000 Child
Renort Card Canada 1995.
6 Campaign 2000,
7. John Stackhouse, "Canada May Tie Child Rights to Aid, Trade"
The Globe and Mail (January 10, 1997).
8. UNICEF, The Progress of Nations, op.cit., pp.48-49.
9.Canadian Heritage, 1CESCR, op. Cit., p.64.
10. Ibid p.64
Canadian Coalition for the Rights of the Child
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