PROPOSED LEGISLATION


RIGHTS OF THE CHILD IN CANADA

A child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.


All children are of equal value in society.
Every child, without any exception whatsoever, shall be entitled to the rights stated herein without distinction or discrimination on account of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, whether of the child or of the childs family.
We recognize the inherent dignity and the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world,
The rights stated herein are extended to each child without discrimination of any kind, irrespective of the childs or his or her parents or legal guardians race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

We will take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the childs parents, legal guardians, or family members.

The child has the right to being raised in an environment of love and protection. Because the mental health and sense of security of a child are firmly rooted in being loved, all effort by government must be taken to ensure that those who love the child are able to spend significant time with the child daily.
The child, for the full and harmonious development of his personality, needs love and understanding. He shall, wherever possible, grow up in the care and under the responsibility of his parents, and, in any case, in an atmosphere of affection and of moral and material security; a child of tender years shall not, save in exceptional circumstances, be separated from his mother. Society and the public authorities shall have the duty to extend particular care to children without a family and to those without adequate means of support. Payment of State and other assistance towards the maintenance of children of large families is desirable.
The child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding,

A family, whether by birth or adoption, by single or dual parents and irrespective of marital status is an anchor to the stability of the child and as the fundamental group of society and the natural environment for the growth and wellbeing of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community,
We shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the childs place of residence.
In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given an opportunity to participate in the proceedings and make their views known.

The child has the right to adequate housing.
The child has the right to freedom from hunger.

We recognize the right of every child to a standard of living adequate for the childs physical, mental, spiritual, moral and social development

The child has the right to easy and quick access to appropriate medical care without cost.
The child shall enjoy the benefits of social security. He shall be entitled to grow and develop in health; to this end, special care and protection shall be provided both to him and to his mother, including adequate prenatal and postnatal care. The child shall have the right to adequate nutrition, housing, recreation and medical services.
The child who is physically, mentally or socially handicapped shall be given the special treatment, education and care required by his particular condition.
We recognize that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote selfreliance and facilitate the childs active participation in the community.
We recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the childs condition and to the circumstances of the parents or others caring for the child. The benefits of this assistance shall flow with the child and be directed to parental or nonparental care or a mixture as serves the best interests of the child, determined by parents and medical advisors.
We recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. We shall strive to ensure that no child is deprived of his or her right of access to such health care services.
We shall pursue full implementation of this right and, in particular, shall take appropriate measures
a To diminish infant and child mortality;
b To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care;
c To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking water, taking into consideration the dangers and risks of environmental pollution;
d To ensure appropriate prenatal and postnatal health care for mothers;

The child has the right to safety and security of person, supervised by a responsible adult in all of its early years.
The child shall in all circumstances be among the first to receive protection and relief.
We shall take all appropriate measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties, and to prevent the use of children in the illicit production and trafficking of such substances.


The child has the right to have key decisions made for him or her during the period of vulnerability, to be made by those who love the child and are most attuned to the best interests of the child, being wherever possible and by preference the parents.
We shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights stated herein.

We believe that both parents have common responsibilities for the upbringing and development of the child. Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child will be their basic concern.
The parents or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the childs development.

The child has the right to play, to not be forced to earn money.

The child shall enjoy special protection, and shall be given opportunities and facilities, by law and by other means, to enable him to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity. The best interests of the child shall be the paramount consideration

The child shall have full opportunity for play and recreation, which should be directed to the same purposes as education; society and the public authorities shall endeavour to promote the enjoyment of this right.
The child shall not be admitted to employment before an appropriate minimum age; he shall in no case be caused or permitted to engage in any occupation or employment which would prejudice his health or education, or interfere with his physical, mental or moral development.
We recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts.


The child has the right to freedom from being exploited or used by others for commercial purposes or to promote political or other agendas the child does not understand.

We recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the childs education, or to be harmful to the childs health or physical, mental, spiritual, moral or social development.

We will
a Provide for a minimum age or minimum ages for admission to employment;
b Provide for appropriate regulation of the hours and conditions of employment;
c Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article.


The child has the right to learn, to be exposed to books and activities to develop skills at appropriate developmental levels, with encouragement and close attention to individual learning style and attention span.
The child is entitled to receive education, which shall be free and compulsory, at least in the elementary stages. He or she shall be given an education which will promote knowledge of general culture and enable the child, on a basis of equal opportunity, to develop his or her abilities, his or her individual judgement, and his or her ense of moral and social responsibility, and to become a useful member of society.
We recognize the right of the child to education and also that children are both born ready to learn and always are learning. We recognize that the early education of a child is vital to brain development and that loving attentive care is particularly needed at that stage. To this end we commit to laws that ensure the child in those early years can be raised with close attentive individual care wherever possible and in the presence of those who love the child or those picked by those who loved the child, whose values and skills are endorsed by the parent. We recognize the ability of parents to provide learning environments best suited to the changing needs of the child and to the best interests of the child and commit to providing a supportive nurturing community to enhance the parental role but not to replace it. We commit to directing funding for early learning primarily to parents, to then assign as they deem fit.

We further recognize the right of a child to formal education, and with a view to achieving this right progressively and on the basis of equal opportunity, we shall, in particular
a Make primary education compulsory and available free to all. Extra fees will be made illegal until the postsecondary level in all basic courses and all basic services offered by the school.
b Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;
c Make higher education accessible to all on the basis of capacity by every appropriate means; We shall endeavor to work with provinces and territories to ensure there is adequate transfer payment to keep postsecondary tuition low. We recognize that a well educated population will give back to society once in paid employment both by its productive labor and by its taxes. We will not keep any academically qualified student from higher education based on financial need.
d Make educational and vocational information and guidance available and accessible to all children;
e Take measures to encourage regular attendance at schools and the reduction of dropout rates. We will ensure through small classes, and highly trained attention to individual needs and learning styles that success is reachable for all students in skills at their level and that they are made aware of education and career opportunities where their particular strengths are needed.

We agree that the education of the child shall be directed to
a The development of the childs personality, talents and mental and physical abilities to their fullest potential;
b The development of respect for human rights and fundamental freedoms
c The development of respect for the childs parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own;
d The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin;
e The development of respect for the natural environment.

The best interests of the child shall be the guiding principle of those responsible for his education and guidance; that responsibility lies in the first place with his parents.
In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

In cases of application for adoption we shall ensure that the best interests of the child shall be the paramount consideration and we shall
Ensure that the adoption of a child is authorized only by competent authorities who determine, in accordance with applicable law and procedures and on the basis of all pertinent and reliable information, that the adoption is permissible in view of the childs status concerning parents, relatives and legal guardians and that, if required, the persons concerned have given their informed consent to the adoption on the basis of such counselling as may be necessary;

The child has the right to guaranteed emergency care if the regular care situation is not available, and this emergency care of short term only is to be provided free of charge by the state.

A child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State.
We shall in accordance with national laws ensure alternative care for such a child.
Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary placement in suitable institutions for the care of children. When considering solutions, due regard shall be paid to the desirability of continuity in a childs upbringing and to the childs ethnic, religious, cultural and linguistic background.

The child has the right to financial support by government that ensures the above rights and that is not dependent on factors such as marital status of parents, gender, religion, race, ethnicity, political or religious affiliation, paid employment status or income level of the parents. The childs equality rights to funding stand alone. The funding will ensure the child is not raised in poverty and that the childs economic wellbeing is not dependent of the ups and downs of household circumstance. The funding, by its universal nontaxable nature will also ensure a basic right of children to equal benefit under the law.
Along with an end to child poverty, this provision will ensure that children are at low risk for outcomes that are closely linked to poverty such as illness, depression and low selfesteem.
For the purpose of guaranteeing and promoting the rights set forth in the present Convention, we shall render appropriate assistance to parents and legal guardians in the performance of their childrearing responsibilities. This assistance may come both as financial help for direct care and assisted help for third party care as situations merit.
We shall provide a universal financial benefit for newborn children either to birth mothers or to adoptive mothers in the form of a birth bonus.

We shall provide a universal funded maternity period of devoted care for a child, extending to two years and conditional only on the existence and needs of the child. It can be claimed by either parent or each taking turns. There will be no criterion linking this benefit to paid labor force participation of parent or any marital, gender, racial, ethnic or other criterion. The program will be administered through a social benefit fund and not through employment insurance. The amount of the benefit shall be universal, not related to previous or current parental income, and shall not be taxed.

We shall provide a universal benefit for the care of a child, funding to flow with the child, in amounts that extend to age 18 and that are not dependent on income or earning style of parents or on care style or location. This funding shall be of significant amount, paid monthly to the parent or legal guardian and unconditional on style of parenting. The universal amount of the benefit will be reassessed from time to time according to the cost of living, with special consideration being given to increasing its amount as the child ages and to increasing its amount in households of more than 3 children. The benefit for care of the child shall be assigned at parental discretion to caregivers and care styles or care purchases as the parents deem necessary for the best interests of the child and no receipts will be required. The payments will not be taxable.


We shall take appropriate measures to assist parents and others responsible for the child with financial support and to provide material assistance as necessary. In addition we will provide support programs in crisis, particularly with regard to nutrition, clothing and housing
We shall take all appropriate measures to secure the recovery of maintenance payments for the child from the parents or other persons having financial responsibility for the child so that both the state and the parents contribute to the financial wellbeing of the child, as the parents are able.

The child has the right to protection from sexual or other predators.
The child by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth,
The child shall be protected against all forms of neglect, cruelty and exploitation. He shall not be the subject of traffic, in any form.
There is a need to extend particular care and protection to the child.since the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth,
We undertake to protect the child from all forms of sexual exploitation and sexual abuse. We will take all appropriate measures to prevent
a The inducement or coercion of a child to engage in any unlawful sexual activity;
b The exploitative use of children in prostitution or other unlawful sexual practices;
c The exploitative use of children in pornographic performances and materials.

The child has a right to be consulted in all matters related to the choice of caregiver of the child. Even young children who do prefer a certain caregiver must be respected for their opinion.
We shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.
For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.


The child has the right to special status under the law to ensure childhood free of financial obligations and protected from the responsibility and burden of adulthood.
The child cannot vote in government elections, and is required to attend school till age 16 or the end of grade 9.
We shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse.

The child has the right to attentive care individually or in small groups, to ensure that the needs of the child are met. Group care that lasts over two hours must meet ratio standards of no more than three infants to one adult caregiver, no more than five toddlers per adult caregiver and no more than ten 35 year olds per adult caregiver.

The child has the right to access to both birth parents and family related by birth, regardless of marital status of parents, unless such access poses a threat of harm to the child. The child has the right to know his or her personal and medical history.
We shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the childs best interests.
Where such separation results from any action initiated by the government of Canada or of the provinces or territories, such as the detention, imprisonment, exile, deportation or death including death arising from any cause while the person is in the custody of the state of one or both parents or of the child, that government shall, upon request, provide the parents, the child or, if appropriate, another member of the family with the essential information concerning the whereabouts of the absent members of the family unless the provision of the information would be detrimental to the wellbeing of the child. States Parties shall further ensure that the submission of such a request shall of itself entail no adverse consequences for the persons concerned.

The child has the right to be raised in the language, values and culture of the parents.

The child has the right to pride in his or her cultural heritage and to be treated with dignity and respect.
The child shall be entitled from birth to a name and a nationality.
The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents.
We respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference.
Where a child is illegally deprived of some or all of the elements of his or her identity, we shall provide appropriate assistance and protection, with a view to reestablishing speedily his or her identity.
The child shall be protected from practices which may foster racial, religious and any other form of discrimination. He or she shall be brought up in a spirit of understanding, tolerance, friendship among peoples, peace and universal brotherhood, and in full consciousness that his energy and talents should be devoted to the service of his fellow men.
We recognize the importance of the traditions and cultural values of each people for the protection and harmonious development of the child,
A child belonging to a religious, ethnic or linguistic minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language.
We respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity.




The child has the right to adequate financial support from government to ensure that parents and guardians can choose a caregiving style that meets the needs and best interests of the child. The funding from government will not preferentially treat any caregiver over any other, and benefits will flow with the child. The funding will permit choice by parents of a flexible range of care arrangements that may shift as the needs of the child change, at the discretion of the parents, and with no risk of loss of funding as they make their choices. A child will therefore have funding to equally access parental care, grandparent care, sitter care, daycare, day home care or childcare facility care.

A child has the right, when being cared for by a nonfamily member, to specially inspected care standards to ensure the above rights are respected.

We ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.