Not There Yet - Unicef-irc

Not There YetCanada’s implementation of thegeneral measures of theConvention on the Rights of the ChildA joint publication of the UNICEF Innocenti Research Centreand UNICEF Canada

UNICEF IRC publications are contributions to aglobal debate on child rights issues and includea wide range of opinions. For that reason, theCentre may produce publications that do notnecessarily reflect UNICEF policies orapproaches on some topics. The viewsexpressed are those of the authors and arepublished by the Centre in order to stimulatefurther dialogue on child rights.Requests for permission to reproduce ortranslate UNICEF IRC publications should beaddressed to: Communication and PartnershipUnit, UNICEF Innocenti Research Centre,florence@unicef.org.To download this report and any corrigendaissued subsequent to printing, or to access themost up-to-date publications files, please go tothe publications pages on our website, at www.unicef-irc.org/publications/ .Correspondence should be addressed to:UNICEF Innocenti Research CentrePiazza SS. Annunziata, 1250122 Florence, ItalyTel: (39) 055 20 330Fax: (39) 055 2033 220florence@unicef.orgwww.unicef-irc.orgFront cover photo: UNICEF Canada/2005/Sri UtamiDesign and layout: Bernard & Co., Siena, ItalyPrinting: ABC Tipografia srl, Florence, Italy United Nations Children’s Fund (UNICEF),August 2009ISBN: 978-88-89129-92-0

CONTENTSACKNOWLEDGEMENTS . vABBREVIATIONS .viiFOREWORD . ixPREFACE . xi1. LAW REFORM AND THE CONVENTION ON THE RIGHTS OF THE CHILD . 1Introduction .1Canada’s Constitution and the Convention.1Status of the Convention in Canadian law .2Canada’s reservations to the Convention .2Federal government and law reform .3Federal law reform .4Provincial law reform .7Jurisprudence and the judiciary .9General challenges to child rights in judicial interpretation and application .11Contributions to law reform from civil society .12Should the Convention be incorporated into domestic law? .12Conclusion .142. BUDGETING AND CHILDREN .15Introduction.15Budget allocations.15Benefits for children in the federal budget.16Aboriginal children .17Budgets for children in Canada’s international development assistance .19Provincial budgets .19Expenditures and evaluation.20Civil society and budgets for children .21Conclusion .243. NATIONAL PLANS OF ACTION .25Introduction .25Federal and provincial efforts.25Canada’s national plan of action .26Analysis .28Conclusion .29iii

4. MONITORING MECHANISMS .31Introduction . 31Federal government process of reporting to UN committees.31Data collection .32Provincial reporting process.33Civil society efforts .34Analysis and conclusion .365. CHILD RIGHTS EDUCATION, AWARENESS-RAISING AND TRAINING ACTIVITIES . 37Introduction .37Government activities.37Civil society efforts .42Conclusion .436. INDEPENDENT HUMAN RIGHTS INSTITUTIONS FOR CHILDREN .45Introduction .45Federal level.45Provincial level.48Municipal level .50Conclusion .507. COORDINATION EFFORTS AND MECHANISMS FOR CHILD RIGHTS.51National-level coordination .51Provincial and local efforts .52Challenges to coordination .54Weaknesses in federal leadership on child rights . 55Civil society capacity and resource contraints. 55Conclusion .558. FINAL SUMMARY, MAJOR CHALLENGES AND RECOMMENDATIONS .57Challenges to implementation of the Convention. 58Assets .60Recommendations .62Endnotes . 65iv

ACKNOWLEDGEMENTSThe UNICEF Innocenti Research Centre (IRC) undertakes research on the implementation of theConvention on the Rights of the Child, with a particular focus on the general measures ofimplementation identified by the Committee on the Rights of the Child.This case study, Not There Yet: Canada’s implementation of the general measures of the Conventionon the Rights of the Child, was conducted by Landon Pearson, O.C. and Tara M. Collins, andprepared as a collaborative effort of the Landon Pearson Resource Centre for the Study ofChildhood and Children’s Rights, Carleton University, Ottawa. The publication was jointly promotedby the UNICEF National Committee in Canada (UNICEF Canada) and the UNICEF Innocenti ResearchCentre. It was developed under the overall guidance of IRC Director Marta Santos Pais andmanaged by Susan Bissell, then Chief of IRC’s Implementation of International Standards Unit, andLena Karlsson, Child Protection Specialist.In the development of this study, special appreciation is expressed to the child advocates from thenine provinces in which they work, members and staff of the Senate Standing Committee onHuman Rights, the children and youth consulted in June 2007, and all the other individuals, toonumerous to name, from both inside and outside the government, who have been willing to sharetheir experience, knowledge and concern for children.The publication was copy-edited by Arati Rao and proofread by Pamela Knight. Allyson Alert-Atterburyof IRC’s Communication and Partnership Unit oversaw the editorial and production process.The case study is intended for use by policymakers, United Nations organizations andnon-governmental organizations. The information that it contains was current as of September 2008.v

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ABBREVIATIONSCAPCCommunity Action Program for ChildrenCAYACChild and Youth Action Committee (Nova Scotia)CCRCCanadian Coalition for the Rights of ChildrenCCTBCanada Child Tax BenefitCIDACanadian International Development AgencyCMAJCanadian Medical Association JournalCPACCable Public Affairs ChannelCPRNCanadian Policy Research NetworksCPSCanadian Paediatric SocietyCSTCanada Social TransferDCIDefence for Children InternationalILOInternational Labour OrganizationIYCInternational Year of the Child (1979)NCBNational Child BenefitNGOnon-governmental organizationNPAnational plan of actionOECDOrganisation for Economic Co-operation and DevelopmentPREVNetPromoting Relationships and Eliminating Violence Network(a Canadian anti-bullying network)RCMPRoyal Canadian Mounted PoliceSCYSociety for Children and Youth of British ColumbiaSUFASocial Union Framework AgreementUEYUnderstanding the Early Years (initiative)VSIVoluntary Sector InitiativeWHOWorld Health OrganizationYCJAYouth Criminal Justice ActAll amounts are expressed in Canadian dollars (Can ).vii

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FOREWORDThe Convention on the Rights of the Child wasadopted by the global community in 1989.1 Itcame into force in Canada in 1991.2This Convention has been ratified by almostevery country in the world – an unprecedentedacceptance of the accountability of governmentsto their most vulnerable citizens. Over the past20 years, incredible progress for children hasbeen achieved, even in countries stricken bypoverty, conflict and disasters. Deaths amongchildren under five have fallen dramatically, ashave the numbers of children out of schoolacross the developing world. In a country likeCanada, with economic means, stableinstitutions and technical knowledge, a muchmore progressive realization of children’s rightsin laws, policies and services may be expected.By and large, Canadian families provide fortheir children and protect them from harm. Weknow, however, that children also have a directcall on governments for the provision andprotection of their rights. Children and familiesneed policies, laws and investments thatspecifically consider the rights and well-beingof the youngest citizens, and governments atall levels that are accountable for theirresponsibilities to children.Canada has made progress on many fronts.Many children are doing well. Breastfeedingrates are increasing. Improved school nutritionpolicies and practices are proliferating. Thegovernment has made a recent commitment toimprove the mental health of children andadults. Most provinces have independentadvocates for children.Compared to other affluent nations, however,Canada has a large proportion of children incare and in the justice system; high rates ofchildhood obesity and mental illness; fewerquality-assured childcare spaces relative toother countries of similar economic means;insufficient legal protection of children fromviolence and exploitation; and disparitiesbetween the performance of Aboriginalchildren and other Canadian children on manymeasures of well-being.Canada has the economic means to provide forand protect the rights of children to a higherstandard – even in challenging times. UNICEFresearch in industrialized and developingcountries alike suggests that progress forchildren can be built upon and stimulated byputting in place or strengthening the ‘generalmeasures’ of the Convention3 – structures andprocesses that promote the best interests ofchildren in public policy and make all sectors ofsociety accountable.This report reviews the implementation inCanada of the general measures of theConvention on the Rights of the Child. Itrecalls the recommendations made by theCommittee on the Rights of the Child and byCanada’s Senate Standing Committee onHuman Rights to bolster Canada’s legal andinstitutional arrangements to build a trulyprotective and rights-enabling frameworkfor all children.In light of this review, Canada can take fourpractical steps with substantive benefits forchildren across the country:1. Pass enabling legislation to make child rightsa part of Canadian law and ensure that alllegislation in Canada complies with theConvention on the Rights of the Child andother international normative standards forchildren. To complement such legislation,regular and systematic child-impactassessments of proposed legislation,policies, budgets and programmes, at bothfederal and provincial levels, can helpprevent decisions that may have negativeeffects on children.ix

2. Establish a national children’s commissionerto place children high on the politicalagenda. An independent commissioner orombudsperson for children can provide animportant mechanism to promote andensure that children’s best interests are apriority in public policy.3. Establish a children’s budget to identify theamount and proportion of resources spenton children at the federal, provincial andterritorial levels. This will give childrenvisibility in public accounts, as is done forother constituencies such as women,veterans and senior citizens. As thepopulation most vulnerable to economicpolicy and yet with the least influence on it,children and young people’s best interestsshould clearly guide the budgeting process.4. Monitor the implementation of theConvention by developing regular publicreports on the status of children and theirrights in Canada, facilitating participation bychildren in setting the national agenda andpromoting a system of accountability forchildren’s rights.xPutting in place these general measures will goa long way to ensuring sustainable attention tochildren’s rights and well-being in Canada.These measures embody a political commitment to children; the capacity to muster thenation’s resources to respond to the needs ofchildren; and the desire to use policies, lawsand budgets to put an end to the factors thatplace children at risk.With these mechanisms in place Canada will beable to do more for all children.Nigel FisherPresident and CEOUNICEF CanadaMarta Santos PaisDirectorUNICEF Innocenti Research Centre