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Canadian and International Laws on Children
Student’s Name
Institution Affiliation
Coue Title
Professor’s Name
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Canadian and International Laws on Children
Children's rights have gained increased attention around the world in recent years. These
rights are uniquely distinct from other human rights because many children depend on their
parents or guardians physically, economically, and in decision-making. According to the
Convention on the Rights of the Child, a child is a person below the age of 18 unless otherwise
stipulated by national laws. The United Nations General Assembly and the United Nations
Human Rights Council have adopted agreements on children's rights. Likewise, many countries,
including Canada, have adopted similar rights to protect children citizens from their unique
challenges.
The Convention on the Rights of the Child came into force on September 2 1990. The
Convention sets the standard for laws and policies on children worldwide. Part 1, article 1 of the
Convention defines a child as a human being who has not attained the age of eighteen unless
national laws stipulate a different age. Subsequent articles direct state parties to protect children
from discrimination or punishment based on their parents' or guardians' opinions, beliefs, or
status. Similarly, initiatives aimed at children shall prioritize the well-being of children above
everything else. In Article 5, the Convention also recognizes the role and responsibility of
parents and guardians in the well-being and protection of a child and calls on state parties to
respect their role. The Convention also stipulates that all children have a right to life, and a state
shall implement all available measures to protect or prolong a child's life and ensure their
development (OHCHR, 1989).
The Convention also stipulates the right of the child to know their identity, the right to
privacy, and the freedom of thought and consciousness. The Convention directs state parties to
take measures to prevent child trafficking, including bilateral and multilateral efforts.
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Additionally, the Convention stipulates that children shall not be separated from their parents
against their will except when authorities have determined so under reasonable grounds. Among
other provisions in the Convention, children also have the freedom of association and peaceful
assembly, freedom of expression, and the right to state protection during temporary or permanent
separation from their parents and family (OHCHR, 1989).
Canada adopted the Convention on the Rights of the Child in 1991 and has since adopted
additional protocols, such as the Optional Protocol to the Convention on the Rights of the Child
on the involvement of children in armed conflict (Canadian Heritage, 2024). The Protocol
prohibits the direct participation of children in war and conflict. Parties of the Protocol are also
prohibited from recruiting children into their army. Similarly, armed groups besides a country's
army cannot recruit people under 18. The Protocol also stipulates that state parties shall take all
necessary measures to prevent children's invol in armed conflicts. Two years after a state
becomes a party to the Protocol, it must report on its measures to apply these provisions
(OHCHR, 2000). Other protocols under the Convention on the Rights of Children include the
Optional Protocol to the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography and the Optional Protocol to the Convention on the Rights of
the Child on a communications procedure.
In Canada, children also enjoy the rights stipulated in six other human rights treaties that
Canada is a signatory of. These treaties include the International Covenant on Civil and Political
Rights, International Covenant on Economic, Social and Cultural Rights, International
Convention on the Elimination of All Forms of Racial Discrimination, Convention on the
Elimination of All Forms of Discrimination against Women, Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Convention on the Rights
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of Persons with Disabilities (Canadian Heritage, 2024). The Interdepartmental Working Group
on Children's Rights was established in 2007 to promote a holistic approach to children's rights
in Canada and encourage collaboration among departments implementing children-related
policies. The Department of Justice, Canada and the Public Health Agency of Canada co-chair
the organization.
According to the Department of Justice Canada, children are protected from violence and
conflict under the Criminal Code. The Code stipulates criminal offences that protect all
Canadians from violence and other crimes that protect children. The latter include a parent or
guardian's failure to provide basic needs, child neglect, and sexual offences unique to children.
Additionally, when a crime is committed against a child, the court treats it as aggravating.
Consequently, the offence is treated more seriously and may lead to a stricter punishment.
Besides the Criminal Code, provinces have also created laws to protect children from family
abuse and violence. These laws permit the state to intervene when a child needs protection from
physical or psychological harm. For example, many provinces prohibit the employment of
physical punishment on children, whether in foster homes, daycare centers, or schools
(Government of Canada, Department of Justice, 2021).
There is a consensus on the definition of a child- a human being under eighteen.
However, the Convention on the Rights of a Child allows state parties to amend this definition
into their national laws. Nonetheless, it is essential to recognize the unique challenges that
children face in the world because of their dependent status on their parents or guardians. Like
many other countries, Canada protects children from harm while fostering their well-being by
establishing national laws and promoting international treaties on children.
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References
Canadian Heritage. (2024, January 2). Rights of children. Canada.ca.
https://www.canada.ca/en/canadian-heritage/services/rights-children.html
Government of Canada, Department of Justice. (2021, December 8). Criminal Law and
Managing Children’s Behaviour. https://www.justice.gc.ca/eng/rp-pr/cj-jp/fv-vf/mcb-
cce/index.html#
OHCHR. (1989, November 20). Convention on the Rights of the Child. United Nations
Human Rights: Office of the High Commissioner. https://www.ohchr.org/en/instruments-
mechanisms/instruments/convention-rights-child
OHCHR. (2000, May 25). Optional Protocol to the Convention on the Rights of the Child
on the involvement of children in armed conflict. United Nations Human Rights: Office
of the High Commissioner.
https://www.ohchr.org/en/instruments-mechanisms/instruments/optional-protocol-
convention-rights-child-involvement-children
