Backgrounder

Meeting Our Obligations Under the United Nations Convention on the Rights of the Child

Canada's second report to the United Nations on the implementation of the Convention on the Rights of the Child was presented on September 17, 2003. The Canadian delegation, led by Senator Landon Pearson, also provided an update on other more recent initiatives that promote and protect children's rights.

What is the Convention on the Rights of the Child?

At the 1990 World Summit for Children, co-hosted by Canada, 71 nations adopted a world declaration on the survival, protection, and development of children. Following the Summit, the Government of Canada ratified the Convention on the Rights of the Child in 1991, an international treaty that, based on the principle of the "best interests of the child," recognizes the civil, political, social, economic and cultural rights of people under 18 years of age. The Convention outlines the responsibilities governments and adults have to ensure a child's survival, healthy development, protection and participation in all matters that affect them.

Under the Convention, Canada is required to prepare periodic reports to the United Nations Committee on the Rights of the Child in Geneva. Canada submitted its first report in 1994.

How has Canada implemented the Convention?

Promoting and protecting the rights of our children is a collective effort: the Government of Canada works directly with provincial and territorial governments, non-governmental organizations and various other groups to help meet our obligations under the UN Convention on the Rights of the Child. In Canada, implementation of children's rights is a matter of shared jurisdiction.

Canada's approach to the implementation of the Convention has been multi-faceted, including constitutional protections under the Charter of Rights and Freedoms, legislation, policies, programs and public education.

Some of the many recent accomplishments discussed during Canada's appearance before the Committee included the following:

Child Protection and Legislation

Several criminal law reforms have recently been enacted to strengthen the protection of children against exploitation through prostitution and child pornography. New offences were created in July 2002 to target those who use new technologies such as the Internet to access, to transmit or make available child pornography, or to communicate with a child for the purpose of committing a sexual offence against a child. Federal legislation was also introduced in December 2002 that would further strengthen the existing law - for example, by expanding the written definition of child pornography, creating a new category of sexual exploitation for the courts to consider in protecting youth, and increasing maximum sentences for child-related offences.

Another significant child protection measure is Canada's 2002 Immigration and Refugee Protection Act, which affirms the principle that a minor is detained only as a measure of last resort. The legislation includes a new trafficking in persons offence with severe penalties, including fines of up to $1 million and potential imprisonment for life.

Canada has also been a leader in global child protection issues, playing a key role in developing international accords on children's rights related to child labour, sexual exploitation and child combatants.

Youth Criminal Justice Act

Canada's new Youth Criminal Justice Act, which came into effect in April 2003, provides for a fair and effective youth justice system to respond to the full range of youth offending. It promotes non-court measures to deal with the vast majority of youth crimes. It also encourages community-based sentences to lower Canada's rate of youth incarceration.

Canadian youth helped develop and implement the Act, which contains a specific guarantee that young persons have the right to be heard and participate in processes that lead to decisions that affect them.

National Child Benefit

In Canada, the number of low-income families with children has dropped from close to 16 per cent in 1996 to 11 percent in 2000. Although Canada's strong economic performance has contributed significantly to this positive outcome, the National Child Benefit has also played a role. The National Child Benefit was first introduced in 1998 to improve the economic health of families. It is a partnership between federal, provincial and territorial governments, which includes a First Nations component, that aims to help prevent and reduce the depth of child poverty, support parents as they move into the labour market, and reduce overlap and duplication of government programs.

Building on this success, the Government of Canada recently introduced a long-term investment plan to increase the National Child Benefit supplement for low-income families by $965 million-per-year by 2007.

Aboriginal Head Start Program

First introduced in 1995, this comprehensive early childhood development program for Aboriginal children and their families living in urban centres and large Northern communities now serves 3,500 children in 114 communities across Canada. The on-reserve component provides services to 7,700 children in 265 communities. Budgets for both the off- and on-reserve programs were raised significantly last year by the Government of Canada.

During the UN General Assembly Special Session on Children in May 2002, leaders of the world's governments committed themselves to creating a better world for children. They agreed to prepare "national action plans with a set of specific time-bound and measurable goals and targets… taking into account the best interest of the child… and in conformity with all human rights and fundamental freedoms."

Consultation activities for the development of Canada's plan have been taking place across the country. A team of government officials, non-governmental representatives and young people will continue to develop Canada's National Plan of Action based on the input received. By the end of 2003, the Plan will be submitted to the United Nations.

What happens next?

Reports on the Convention are reviewed by the UN Committee on the Rights of the Child to assess the degree to which it has been implemented in a country's legislation, policies and programs. The Committee subsequently issues Concluding Observations as its assessment of the country's implementation of the Convention.

Canada's Second Report and other information on the Convention is available at http://www.canadianheritage.gc.ca/progs/pdp-hrp/

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September 2003