In November 2020, the FREDA Centre, School of Criminology, Simon Fraser University published “Implementing Children’s Participation Rights in Family Law: Literature review,” funded by B.C.’s Office of the Representative for Children and Youth. This literature review addresses several gaps and barriers in Canada’s management of children’s legal representation. Recommendations include coordinating approaches to legal participation throughout Canada through the appointment of a National Commissioner for Children and Youth.
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Taking an intersectional approach to children’s rights
Recommendation 3: In order to ensure that all children are granted the right to participate in legal proceedings in Canada, it is critical that all parties take an intersectional approach to understanding children’s rights and needs (Martinson & Raven, 2020a). This means acknowledging the particular nuances of a child’s circumstances and recognising that these may vary on a case-by-case basis. This also requires courts to recognise children’s socio-economic status, gender identity and expression, and differing abilities, amongst other factors (Canadian Coalition on the Rights of Children, 2016; CBA, 2020; Martinson & Raven, 2020a, pp. 22-23). Upholding children’s rights requires the creation of an environment in which all children feel empowered to participate in legal proceedings that affect them, regardless of their circumstances (CBA, 2020).-
Category and theme:
- Ableism ,
- Access to justice ,
- Accessibility ,
- Accessible services and technology ,
- Ageism ,
- Classism ,
- Courts ,
- Decolonization and Indigenous rights ,
- Discrimination and hate ,
- Homophobia and transphobia ,
- Human rights system ,
- Indigenous children and youth in care ,
- International human rights ,
- Policing and the criminal justice system
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