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Bill C-344

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1st Session, 36th Parliament,
46-47 Elizabeth II, 1997-98

The House of Commons of Canada

BILL C-344

Canadian Child Rights Act

Preamble

WHEREAS the United Nations has, in the Universal Declaration of Human Rights and in the International Convention on Human Rights, proclaimed and agreed that everyone is entitled to the rights and freedoms set forth therein without distinction of any kind such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status;

WHEREAS the United Nations has, in the Universal Declaration of Human Rights, proclaimed that childhood is entitled to special care and assistance;

WHEREAS the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community;

WHEREAS every child, for the full and harmonious development of personality, should grow up in a family environment in an atmosphere of happiness, love and understanding;

WHEREAS every child should be fully prepared to live an individual life in society and be brought up in the spirit of the ideals of the Charter of the United Nations, and in particular in the spirit of peace, dignity, tolerance, freedom, equality and solidarity;

WHEREAS the need to extend particular care to the child has been stated in the Geneva Declaration of the Rights of the Child of 1924, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the statutes and relevant instruments of specialized agencies and international organizations concerned with the welfare of children;

WHEREAS every child, by reason of physical and mental immaturity, needs special safeguards and care, including appropriate legal protection;

AND WHEREAS the Canadian Charter of Rights and Freedoms guarantees many but not all of the rights mentioned in this preamble;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Definition

1. In this Act, ``child'' means a person who has not attained the age of eighteen years.

Interests of child

2. Every administrative or judicial action affecting a child, taken under the authority of any Act of Parliament shall, unless the law makes express alternate provision, be taken with the interests of the child as the primary consideration.

Parental responsibility

3. Every child is entitled to receive the protection and care necessary for the child's well-being, if it is not being provided by parents and those with specific responsibility for the child.

Child services

4. Every service provided for the care or protection of children shall be provided in conformity with any standard set under the authority of any Act of Parliament or of the legislature of a province relating to safety, health, number and suitability of staff and competent supervision.

Parental rights and responsibi-
lities

5. Subject to section 2, every legal and administrative decision respecting a child shall recognize the responsibilities, rights and duties of parents or those acting in their place.

Children's rights

6. Every child has the right

    (a) to life, survival and the fullest possible development within the child's potential;

    (b) to be registered at birth, to acquire a name and citizenship according to law and, where necessary, to have the assistance of the state to ensure that this is done;

    (c) to remain with and be brought up by and have regular contact with the child's parents, except where, by due process of law, a different course is determined;

    (d) to be informed of the whereabouts of the parents if separated by action of the state;

    (e) not to be adopted except by a process approved by law;

    (f) not to be subject to sale or traffic for any purpose;

    (g) when capable of forming independent views, to be heard on all matters respecting the child, directly or by counsel or an agent;

    (h) to receive advice and guidance respecting the rights guaranteed by this Act and the Canadian Charter of Rights and Freedoms;

    (i) if convicted of an offence, to have the decision and the measures imposed reviewed by a higher court;

    (j) if deprived of liberty by process of law, to be treated with humanity and respect and have access to legal and other appropriate assistance;

    (k) to access to health care at the highest attainable standard;

    (l) if physically or mentally disabled, to receive the appropriate care free of charge to foster the child's development, so far as is reasonably possible, in education and employment and in achieving as normal as possible a life within the community;

    (m) to a standard of living that is adequate for physical, mental, spiritual, moral and social development, to be provided primarily by the parents, but assisted where necessary by the state;

    (n) to free primary and secondary education directed to the fullest possible development of the child's personality, talents and physical and mental abilities;

    (o) to rest, leisure, play and recreation and access to culture and the arts;

    (p) to protection from commercial exploitation and from work that may be hazardous or harmful or that may interfere with education;

    (q) to be protected by appropriate steps to be taken by the state from the illicit use of narcotic drugs or psychotropic substances;

    (r) to be protected from sexual exploitation or abuse; and

    (s) to have physical and psychological recovery and social reintegration after any form of neglect, exploitation or abuse.

Effect of other legislation

7. No provision of any other Act of Parliament shall be applied so as to take away or derogate from any right established by section 6, unless the provision states that it operates notwithstanding this Act.

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