Poste - Canadian Coalition for the Rights of Children

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C A N A D I A N C O A L I T I O N F O R T H E R I G H T S O F C H I L D R E N Practice refers to the application or implementation of legislation and policy. Measured here is the extent to which the spirit of the legislation or policy is upheld. Included in this category are fluctuations in funding to relevant programs. Statistics related to the impact or effect are indicators of practice. Especially relevant to this category is the Convention’s general principle concerning non-discrimination. A universal act, guideline or policy may be applied unequally to persons because of race, gender, socio-economic status, etc. Practice does not necessarily reflect government policy, but can be the result—desired or undesired—of that policy. Statistics and Research provide a situational analysis of a given area, beyond governmental practice and policy. Relevant statistics might include rates of poverty, crime, literacy, child neglect and school completion. To be valid, the research must follow accepted practices of research and data collection. This category could include international and comparative statistics. Statistics and research may reflect a certain “activity level” in an area of study, where the absence of statistics/research may mean a lack of interest on the part of government, the research community, the public, etc. Public Opinion reflects moods, trends and perceptions of a given population. It influences legislation, policy, practice and the entire political process in many ways. Compared to the media or expert opinion, it is intended to be broadly representative, as opposed to anecdotal, and relatively free of interpretation. For our purposes, relevant sources could include public opinion polls, election results and focus groups. Other Relevant Resources include other significant sources of information on the given topic. These include reports and opinions of non-governmental organizations, advocacy organizations, academics, practitioners and political parties. Jurisdictions make up the horizontal axis of the grid. They are divided into the following two categories: Federal Jurisdiction refers to the powers which are outlined in Section 91 of the Constitution Act, as well as all other domains where the federal government maintains spending and legislative activity. This category includes foreign policy and official development assistance. 124 Provincial/Territorial Jurisdictions refer to the powers as outlined by Section 92 of the Constitution Act, as well as all other domains where these governments maintain spending and legislative activity. Included are municipal institutions, which are the responsibility of provinces as defined in Section 92. Voices of Children While children could inform the above seven categories/ headings, the grid lens accommodates their “voices” throughout our process and without the constraints placed on other categories/headings. Relevant quotes from children can be drawn from their participation at focus groups, from first person narratives or testimonials, case studies, etc. This category is different from public opinion because it is not intended to be representative. Citations for this category could include name, age, city/town, province/territory and any other relevant background. PROCESS: Situational Analysis A situational analysis is written for each Convention article or grouping of relevant articles which reflects the state of Canada’s children in relation to the rights in that article(s). PROTOCOL: Report Criteria Readable: Clearly expressed in language appropriate for a report to the United Nations yet easily followed and understood by the general public including youth. Credible: Thoughtful, intelligent review of reliable sources. Accurate: Fully documents, verifies and cross-checks all references, sources of information and data. Comprehensive: Synopsis of information drawn from all sources as defined in the framework grid. Transparent: Reflects the contributions and input of NGOs, experts and children. Holistic: Presents a perspective that captures the nuances, subtleties, successes and contradictions that mirror the reality of the practice and implementation of children’s rights in Canada.
PROTOCOL: Review Criteria A broad network of reviewers reviews the research papers and respond to the following questions: • Is the research paper readable? • Is it credible? • Are there gaps or inaccuracies? PROCESS: Evaluation Evaluation task groups are struck to: • review the papers for clarity • assist with expert review • identify what should be evaluated based on the research paper • apply the evaluation grid to each research area • assess Canada’s compliance • assist in summarizing the findings. PROTOCOL: Evaluation Grid Meets Compliance • Confident that children’s rights are systemically being respected. • In a situation where legislation meets compliance but case law or practice does not, if there are adequate redress mechanisms in place then compliance can still be met. • While individuals may disregard the rights of children from time to time, compliance can still be met if redress mechanisms are in place to correct this. Rights Alert • Systemic violation of children’s rights. Needs Action • Definable action is needed to improve children’s rights. Needs Dialogue • Action required is unclear or undefinable and the situation requires (public) dialogue. PROCESS: NGO Report The resultant NGO report should communicate accurately and clearly the state of Canada’s children in the articles examined as determined by the permanent monitoring mechanism. H O W D O E S C A N A D A M E A S U R E U P ? 125 Lessons Learned Applying the Research Protocols There were lessons learned after applying the research protocols. PROTOCOL: Use the Coalition framework grid as the research lens. Finding: There was initial confusion about the application of both the framework grid and key questions. However, when the framework grid was seen as identifying the relevant sources of information and the key questions as evolving and needing to be informed by the research process, then the validity of both elements to the permanent monitoring mechanism became apparent. PROTOCOL: Apply the Convention’s general principles and definition of a child. Finding: Applying the general principles and definition of a child in a conscientious manner tended to be overwhelming. In the end, however, substantive information emerged regarding the general principles. As research prototypes are developed for each Convention article, the application of the general principles and definition of a child should become more routine. PROTOCOL: Disaggregate data by jurisdiction. Finding: Every effort was made to provide disaggregated data by jurisdiction but information was often unavailable. For the research areas of education and the fundamental freedoms, questionnaires were developed and distributed to various levels of government, but the response rate was poor.
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THE UNCONVENTION ON THE RIGHTS OF T
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C A N A D I A N C O A L I T I O N F
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articles 13, 14 and 15 (cont’d)
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article 23 (cont’d) NEEDS DIALOGU
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article 28 and 29 (cont’d) NEEDS
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Article 13 The Right to Freedom of
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(c) freedom of peaceful assembly; a
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Promoting the Freedoms C A N A D I
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Endnotes C A N A D I A N C O A L I
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Endnotes C A N A D I A N C O A L I
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Coalition Questionnaire: C A N A D
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Page 76 and 77: Bibliography Children with Disabili
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Page 96 and 97: Title of Act Years of compulsory ed
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Page 108 and 109: Benefit of the Doubt C A N A D I A
Page 110 and 111: Visa Restrictions C A N A D I A N C
Page 112 and 113: Timeliness of the Process C A N A D
Page 114 and 115: Lack of appeal mechanism C A N A D
Page 122 and 123: Process and Protocols PROCESS: Key
Page 130 and 131: Positive Factor C A N A D I A N C O
Page 132 and 133: Concern C A N A D I A N C O A L I T
Page 140: This is aproject of the CanadianCoa
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Poste - Canadian Coalition for the Rights of Children

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