CCRC report on rights of children in Canada - Canadian Coalition ...

“My parents were immigrants and one of their struggles was trying to get a job while having someone to
look after my brother and me. They didn’t have money to put us in a daycare and sometimes they had to
leave us home alone and that causes safety issues. A free daycare for refugees and immigrants would be
good.”
<strong>CCRC</strong> Youth Consultation, August 24th, 2011
Access to Services
Children who arrive in Canada as landed immigrants may not immediately qualify for health care
coverage in some provinces, including the largest province of Ontario, where they are subject to
a three month waiting period. Families whose children become ill during this period either seek
healthcare at great financial cost to the families, often putting them in debt for decades, or avoid
seeking treatment altogether, which often results in more serious health consequences.
All children who arrive in Canada as landed immigrants should receive immediate coverage for health
care.
Finally, children in all provinces/territories have a legal right to attend school even if they or their parents
do not have immigration status in Canada. In practice, however, some parents experience obstacles
to the enrolment of their children, fear of repercussions if they identify themselves to a local school,
and lack of information about the right to attend school. There are examples of children being denied
enrolment. 86 Training of school officials, appropriate protocols for enrolment, and public awareness can
help to ensure children are not denied an education because of the citizenship status of their parents.
Recommendations
ACTION
Apply the ‘best interest of the child’ principle in all
decisions affecting children under the Citizenship and
Immigration Act. Follow established guidelines, such
as the UNHCR Guidelines for Determination of the Best
Interest of Children, with clear criteria for evaluation and
follow-up action, to achieve consistent application.
Train all immigration officials who may come into
contact with children in the use of the guidelines. Deal
with cases involving children without delay.
Establish an automatic review process when children are
detained to help ensure that detention is only used in
exceptional circumstances in their best interests, when
there is no other alternative.
Develop and implement a national strategy for separated
children, as recommended in the second review.
Actors (Lead and Main Actors)
Citizenship and Immigration Canada
Public Safety Canada
Citizenship and Immigration Canada
Public Safety Canada
Citizenship and Immigration Canada
ACTION
Ensure access to education, health, and social
services for all children, regardless of the status
of their parents. Train health care, social service
providers, and school administrators on their legal
obligations.
Amend the Citizenship Act to prevent the creation of
stateless children.
Actors (Lead and Main Actors)
Citizenship and Immigration Canada
Human Resources and Skills Development
Canada
Provincial/territorial departments of social
services
Citizenship and Immigration Canada
d REALIZING THE RIGHTS OF CHILDREN
WITH DISABILITIES
Introduction
The rights of children with disabilities are explicitly recognized in the Convention on the Rights of the
Child provides both universal protection of the rights of children with disabilities and special recognition
(article 23) of the needs of children with disabilities in realizing those universal rights. Despite progress
in Canada – in legislation, theory and practice – the rights of children with disabilities are still not being
fully realized.
This summary provides a snapshot of the situation of children with disabilities in Canada, and highlights
recommendations from a more detailed working paper .87 Action on these matters is important because
patterns of exclusion or inclusion begin in childhood.
Children with Disabilities in Canada
• There are 202,350 children with disabilities under the age of 15 – of these, about 57% have mild to
moderate disabilities and 43% have severe or very severe disabilities.
• Children with disabilities are twice as likely as other children to live in households that rely on social
assistance as a main source of income.
• 19.1% of children with disabilities live in households that fall below the Low Income Cut Off,
compared to 13.4% of children without disabilities.
“Schools are doing a good job at recognizing and adapting to their needs, physically more than mentally.
Students are starting to take action like the Best Buddies program and events in schools where students
interact with students with disabilities. Some schools still don’t have any initiatives and any disabled
children are kept in a separate section of the school.”
<strong>CCRC</strong> Youth Consultation, August 24th, 2011
74 Right in principle, right in practice Paying Attention to Vulnerable Children 75