The Need for Legal Protection of Children’s Rights in Canada
Keywords:
children’s rights, Canadian law, child protection, legal autonomy, family lawAbstract
A summary of the current Canadian legislation governing the rights of children is presented. The power of the parent over the child, the state in the place of the parent, the best interests of the child, and the child as a person before the law are concepts used to explicate the nature of this legislation. It is argued that the focus of legislation dealing with children should shift from the first two adult-oriented principles to the last two child-centred principles. It is proposed that children ought to be provided with the fullest information consistent with their age and be made independent and autonomous in identifying their own interests and understanding of their rights and obligations. Finally, two anticipated objections to this proposal are studied – that such measures would entail greater levels of state interference in private family life and that they would lead to the erosion of the family unit.
References
Canadian Council on Children and Youth. (1979). Legislation related to the needs of children. [A legislative appendix to Admittance Restricted: The Child as Citizen in Canada; reprinted from Reports of family law (vol. 6, pt. 1, 2nd series)]. Ottawa: The Carswell Company Limited.
The Child and Family Services Act. (1984). S. O., c. 55.
Children in need of protection. (1982). Canadian family law guide. Don Mills, Ontario: CCH Canadian Limited.
Criminal Code. (1970). R. S. C.
Cruickshank, David A. (1979). The rights of children. In R. St. J. Macdonald & John P. Humphrey (Eds.), The practice of freedom: Canadian essays on human rights and fundamental freedoms (pp. 209–223). Toronto: Butterworth & Co. (Canada) Ltd.
Indian Act. (1970). R. S. C.
Indian Act. (1985). R. S. C., as amended.
Medical Consent of Minors Act. (1976). Statutes of New Brunswick.
Moyer, Sharon. (1980). Diversion from the juvenile justice system and its impact on children: A review of the literature. Ottawa: Minister of Supply and Services, Canada.
Rossi, Alice S. (Ed.). (1970). Essays on Sex Equality. Chicago: University of Chicago Press.
Van Stolk, Mary. (1978). The battered child in Canada (rev. ed.). Toronto: McClelland and Steward Limited.
Wilson, Larry C. (1980). Young offenders: Another look at individualized justice. In Julio Menezes (Ed.), Decade of adjustment: Legal perspectives on contemporary social issues (pp. 146–172). Toronto: Butterworth & Co. (Canada) Ltd.
Young Offenders. (1984). Canadian family law guide. Don Mills, Ontario: CCH Canadian Limited.
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