Submission to the Committee on the Rights of the Child

Cat. No.: HR4-111/2024E-PDF
ISBN: 978-0-660-70464-7

Executive summary

In the spirit of constructive engagement, the CHRC submits this report to the Committee on the Rights of the Child (the Committee) on the occasion of its review of Canada's 5th and 6th periodic reports. The CHRC celebrates the 30th anniversary of Canada's ratification of the Convention on the Rights of the Child (CRC), and takes this opportunity to both reflect on the progress of children's rights in Canada and to highlight the important gaps and challenges that remain. The CHRC also supports the Sustainable Development Goals and their implementation in Canada, which will have a broad impact on the well-being of children ranging from child poverty to climate change.

Voices of Children (Articles 12, 13)

Noting the context of the COVID-19 pandemic, the CHRC recognized the importance of ensuring the perspectives of children are heard, better understood, and acted upon.

Recommendation #1:

That Canada increase children's awareness and understanding of their rights through enhanced efforts. These efforts should include meaningfully engaging a diversity of children across Canada to better understand their views on important human rights issues that directly impact them. Processes should also be put in place to ensure that the views of children are being considered and given due weight in policy decisions that impact their lives, including during the development and implementation of pandemic recovery plans.

Children with Disabilities (Articles 2, 3, 6, 17, 23, 24, 28, 29)

The CHRC noted that children with disabilities continue to face systemic social and institutional barriers while trying to access education. The CHRC noted a number of barriers to education in schools including a lack of disability accommodation, specialized supports, and specialized education.

Recommendation #2:

That Canada address systemic social and institutional barriers to education for children and youth with disabilities. These efforts should include fostering inclusive, supportive and accessible learning environments. These efforts should also ensure coordination between the various jurisdictions in Canada in relation to these issues.

The CHRC noted concerns regarding access to support services for children and youth with disabilities, and highlighted concerns around lack of supports and services in relation to child and youth mental health, as well as for families of children with disabilities. The CHRC urged Canada to address the gaps that exist in regards to access to supports and services.

Recommendation #3:

That Canada address gaps in access to supports and services for children with disabilities and their families, including in relation to mental health supports and services. These efforts should ensure coordination between the various jurisdictions in Canada in relation to this issue.

Indigenous Children (Articles 2, 3, 5, 6-9, 19, 20, 24, 30, 34, 37, 39)

The CHRC acknowledged Canada's long history of institutionalized child neglect, abuse and discrimination caused by systematically separating Indigenous children from their families, culture and identity, and noted that the legacy of the residential school system continues to have a detrimental effect on the well-being of Indigenous communities in Canada. The CHRC recognized that Indigenous children face many barriers to equitable and adequate services across the country, particularly in terms of education services, disability-related services, and social and health supports.

Recommendation #4:

That Canada ensure that services for Indigenous children and their families are equitable, adequate to meet their needs and culturally appropriate. These efforts must be grounded in Jordan's Principle.

The CHRC noted that Canada's National Action Plan intended to respond to the Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls does not include concrete steps for implementation of its priorities, nor information about how the implementation is being monitored. The CHRC also noted concerns that the consultation and engagement process for the plan was not sufficiently inclusive.

Recommendation #5:

That Canada provide details on the development of its implementation plan, including measures for monitoring and accountability, to address the issues identified in the Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls, as well as the highlighted priorities in the National Action Plan, while ensuring an inclusive engagement process.

The CHRC noted the decision of the UN Committee on the Elimination of Discrimination against Women on discriminatory provisions in the Indian Act, and encouraged Canada to consider this decision when amending the registration provisions of the Indian Act.

Recommendation #6:

That Canada take the necessary steps to amend the registration provisions of the Indian Act, and consider the decision from the Committee on the Elimination of Discrimination against Women when making these legislative changes.

The CHRC called for a thorough investigation of all former residential school sites, emphasizing that these efforts must be led by Indigenous peoples, informed by their wishes and respectful of their rights.

Recommendation #7:

That Canada provide details on its work to implement the Truth and Reconciliation Commission's Calls to Action related to missing children and burial information, and finalize the appointment of the Special Interlocutor.

The CHRC expressed concerns about high youth suicide rates in Canada, particularly among Indigenous youth due to factors including child welfare and mental health service delivery, the broad social and economic marginalization of Indigenous peoples, and a variety of structural issues.

Recommendation #8:

That Canada address Indigenous youth suicide, including by ensuring that culturally-appropriate mental health services are available in Indigenous communities.

Racialized Children (Articles 2, 3, 6, 28-30, 37, 40)

The CHRC noted that racialized children and youth in Canada continue to experience barriers to equality, including ongoing systemic racism and discrimination in education and child welfare. The CHRC also expressed concern about the overrepresentation of Black children in the child welfare system, as well as the negative and long-term effects associated with being placed in care.

Recommendation #9:

That Canada address systemic racism and discrimination against racialized children in Canada, including in relation to education and child welfare. These efforts should ensure coordination between the various jurisdictions in Canada in relation to these issues.

Adequate Standard of Living (Articles 4, 24, 27)

The CHRC noted the unacceptably high rates of child and family poverty, household food insecurity, and youth homelessness in Canada. The CHRC urged broader coordination within the federal government and beyond to address the multi-faceted issue of child poverty.

Recommendation #10:

That Canada provide details, including human rights-based targets and indicators, on the anticipated impact that the housing and anti-poverty legislation and strategies will have on children and their families. These efforts should ensure coordination between the various jurisdictions in Canada in relation to this issue.

Intersex, Trans and Gender Diverse Youth (Articles 2, 19, 24)

The CHRC noted that intersex, trans and gender diverse youth in Canada experience discrimination, bullying and violence as a result of their gender identity, and are more likely to experience homelessness and mental health difficulties. The CHRC expressed concerns about the backlash against their rights and urged Canada to make changes to better protect these rights.

Recommendation #11:

That Canada protect, respect and fulfill the rights of intersex, trans and gender diverse youth. These efforts should include fostering inclusive and safe learning environments and public spaces, and ensuring adequate and timely access to gender-affirming healthcare and social supports. These efforts should also ensure coordination between the various jurisdictions in Canada in relation to this issue.

The CHRC noted the harms caused by non-consensual medical treatments and interventions such as conversion therapies and unnecessary intersex surgeries on 2SLGBTQQIA+ children and urged Canada to place a greater focus on this issue.

Recommendation #12:

That Canada protect intersex children and youth from unnecessary cosmetic surgeries, and better research, understand, and respond to the needs of those with intersex variations to respect their human rights.

Children, Technology and Human Rights (Article 16)

The CHRC highlighted the need for increased protections of children's rights in the digital environment. The pandemic resulted in increased use of technology to provide critical services to children, such as healthcare and education, which deepened the digital divide and increased surveillance. The CHRC noted that there is little legislation in place to identify, prevent, prohibit or remedy human rights violations experienced by children in this domain.

Recommendation #13:

That Canada address the prevention and protection against, and access to remedies for, violations of the rights of children in the digital environment. These efforts should acknowledge and include the roles and responsibilities of both governments and other actors, including those in the private sector.

Environmental Concerns (Article 24)

The CHRC noted that children are increasingly vulnerable to the health, economic and social effects of climate change, as well as being more sensitive to toxins and air pollution. Children can also be particularly vulnerable to environment-related disasters, which can displace them from their homes and communities, and disrupt their education, health and future. The CHRC also noted the compounding negative effects of climate change on children from marginalized communities due to environmental racism.

Recommendation #14:

That Canada protect the rights of children and youth to a safe, clean, healthy and sustainable environment. These efforts should include addressing the concerns and environmental well-being of children and youth in Canada, particularly in relation to the environmental racism experienced by those in marginalized communities.

Canada's Implementation of International Human Rights Obligations (Article 4)

The CHRC reiterated that the current system for the implementation of Canada's human rights obligations, including those under the CRC, is both structurally inadequate and practically ineffective. The CHRC urged Canada to continue to make substantial, meaningful and coordinated progress on a robust implementation and monitoring framework.

Recommendation #15:

That Canada ensure that the enhanced systems being created towards a robust implementation and monitoring framework of its international human rights obligations, including those under the CRC, are inclusive and transparent.

Recommendation #16:

That Canada improve disaggregated data collection on the diverse needs of children and youth to ensure meaningful progress on the realization of children's rights across Canada.