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Indigenous children and youth in care


All governments

Human and Indigenous rights and governmental obligations

Recommendation 2: We call upon all governments, with the full participation of Indigenous women, girls, and 2SLGBTQQIA people, to immediately implement and fully comply with all relevant rights instruments, including but not limited to:

  1. ICCPR, ICESCR, UNCRC, CEDAW, and ICERD, as well as all optional protocols to these instruments, including the 3rd Protocol to the United Nations Convention on the Rights of the Child (UNCRC);
  2. American Convention on Human Rights: specifically, that Canada ratify the American Convention on Human Rights and the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women;
  3. All the recommendations of the 2015 UN CEDAW Inquiry Report and cooperation with the UN Committee on the Elimination of Discrimination against Women on all follow-up procedures;
  4. All recommendations made by international human rights bodies, including treaty-monitoring bodies, on causes and recommendations to address violence against all, but specifically Indigenous women, girls, and 2SLGBTQQIA individuals; and
  5. UNDRIP, including recognition, protection, and support of Indigenous self-governance and self-determination, as defined by UNDRIP and by Indigenous Peoples, including that these rights are guaranteed equally to women and men, as rights protected under section 35 of the Constitution. This requires respecting and making space for Indigenous self-determination and self-governance, and the free, prior, and informed consent of Indigenous Peoples to all decision-making processes that affect them, eliminating gender discrimination in the Indian Act, and amending the Constitution to bring it into conformity with UNDRIP.



All governments

Culture

Recommendation 14: We call upon all governments to ensure that all Indigenous women, girls, and 2SLGBTQQIA people are provided with safe, no-barrier, permanent, and meaningful access to their cultures and languages in order to restore, reclaim, and revitalize their cultures and identities. These are rights held by all segments of Indigenous communities, from young children to Elders. The programs and services that provide such access should not be tied exclusively to government-run cultural or educational institutions. All governments must further ensure that the rights of Indigenous children to retain and be educated in their Indigenous language are upheld and protected. All governments must ensure access to immersion programs for children from preschool into post-secondary education.


All governments

Human security

Recommendation 27: We call upon all governments to recognize Indigenous Peoples’ right to self-determination in the pursuit of economic social development. All governments must support and resource economic and social progress and development on an equitable basis, as these measures are required to uphold the human dignity, life, liberty, and security of Indigenous women, girls, and 2SLGBTQQIA people. All governments must support and resource community-based supports and solutions designed to improve social and economic security, led by Indigenous women, girls, and 2SLGBTQQIA people. This support must come with long-term, sustainable funding designed to meet the needs and objectives as defined by Indigenous Peoples and communities.


All governments

Justice

Recommendation 48: We call upon federal, provincial, and territorial governments and all actors in the justice system to consider Gladue reports as a right and to resource them appropriately, and to create national standards for Gladue reports, including strength-based reporting.


All governments

Justice

Recommendation 50: We call upon federal, provincial, and territorial governments to thoroughly evaluate the impacts of Gladue principles and section 718.2(e) of the Criminal Code on sentencing equity as it relates to violence against Indigenous women, girls, and 2SLGBTQQIA people.


Calls for industries, institutions, services, and partnerships

Health and wellness service providers

Recommendation 68: We call upon all health service providers to develop and implement awareness and education programs for Indigenous children and youth on the issue of grooming for exploitation and sexual exploitation.


Calls for industries, institutions, services, and partnerships

Educators

Recommendation 83: We call upon all educational service providers to develop and implement awareness and education programs for Indigenous children and youth on the issue of grooming for exploitation and sexual exploitation.


Calls for industries, institutions, services, and partnerships

Social workers and those implicated in child welfare

Recommendation 84: We call upon all federal, provincial, and territorial governments to recognize Indigenous self-determination and inherent jurisdiction over child welfare. Indigenous governments and leaders have a positive obligation to assert jurisdiction in this area. We further assert that it is the responsibility of Indigenous governments to take a role in intervening, advocating, and supporting their members impacted by the child welfare system, even when not exercising jurisdiction to provide services through Indigenous agencies.


Calls for industries, institutions, services, and partnerships

Social workers and those implicated in child welfare

Recommendation 85: We call upon on all governments, including Indigenous governments, to transform current child welfare systems fundamentally so that Indigenous communities have control over the design and delivery of services for their families and children. These services must be adequately funded and resourced to ensure better support for families and communities to keep children in their family homes.


Calls for industries, institutions, services, and partnerships

Social workers and those implicated in child welfare

Recommendation 86: We call upon all governments and Indigenous organizations to develop and apply a definition of “best interests of the child” based on distinct Indigenous perspectives, world views, needs, and priorities, including the perspective of Indigenous children and youth. The primary focus and objective of all child and family services agencies must be upholding and protecting the rights of the child through ensuring the health and well-being of children, their families, and communities, and family unification and reunification.


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