345 search results for
Human rights system
Recommendation 2:
The children of parents in conflict with the law have the same basic needs as any other child, but they face different challenges due to the situation of their parents and, generally speaking, the negative social reaction to persons in conflict with the law and their families. These children are at risk of being ostracized and stigmatized by people around them, being victimized in various ways, or developing behavioral problems (including finding themselves in conflict with the law). These risks are real and should be kept in mind, but not overly dramatized so as to avoid further stigmatizing children. Most importantly, the needs and circumstances of these children must be taken into account to provide them with opportunities comparable to those of other children and parents.
Enhancing the Protective Environment for Children of Parents in Conflict with the Law or Incarcerated: A Framework for Action
Group/author:
Elizabeth Fry Society of Greater Vancouver, International Centre for Criminal Law Reform and Criminal Justice Policy, University of the Fraser Valley – School of Criminology and Criminal Justice
Elizabeth Fry Society of Greater Vancouver, International Centre for Criminal Law Reform and Criminal Justice Policy, University of the Fraser Valley – School of Criminology and Criminal Justice
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2018
2018
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Recommendation 19:
The best interests of the child should be considered when dealing with offenders with parental responsibilities. Decision making at the time of sentencing can be improved by ensuring that the impact of the decision on the offenders’ children is considered. Minimize children’s separation from their parents in conflict with the law by limiting the use of imprisonment whenever possible and appropriate.
- Provide courts with accurate information about an accused’s family situation and the potential impact of sentencing and bail decisions on family members, including through a pre-sentence, Gladue or cultural impact assessment report.
- Introduce the use of children/family impact assessments or statements at the time of sentencing.
- Where a custodial sentence is being contemplated, take into consideration the rights and best interests of any affected child and a child’s right to have their views considered.
- Use alternatives to detention or community-based sentences, as far as possible and appropriate, especially in the case of a parent who is a primary caregiver.
- Ensure that non-custodial sentences take account of an offender’s parental responsibilities.
Enhancing the Protective Environment for Children of Parents in Conflict with the Law or Incarcerated: A Framework for Action
Group/author:
Elizabeth Fry Society of Greater Vancouver, International Centre for Criminal Law Reform and Criminal Justice Policy, University of the Fraser Valley – School of Criminology and Criminal Justice
Elizabeth Fry Society of Greater Vancouver, International Centre for Criminal Law Reform and Criminal Justice Policy, University of the Fraser Valley – School of Criminology and Criminal Justice
Year:
2018
2018
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Recommendation 3:
The BC Human Rights Commission should undertake a review/inquiry into MCFD culture, training, policies, procedures, practices, and accountability mechanisms to assess whether MCFD policy and practice is in line with the Human Rights Code.
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Recommendation 1:
The BC Human Rights Commission should audit the laws and policies governing the provision of social services to identify and eliminate accessibility barriers that prevent or dissuade people with mental health and substance use-related disabilities from obtaining the supports and services they are eligible for.
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Recommendation 6:
The Attorney General should create a legal means to consider tenancy and anti-discrimination rights under the BC Human Rights Code when they are raised before the Residential Tenancy Branch. This could include a process for the BC Human Rights Tribunal to issue interim orders once a human rights complaint has been filed and amendments to the Residential Tenancy Act that allow for an interim delay in a residential tenancy dispute when such an interim order has been issued.
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Category and theme:
- Ableism ,
- Access to justice ,
- Accessibility ,
- Accessible services and technology ,
- Additions to the B.C. Human Rights Code ,
- Discrimination and hate ,
- Economic inequality ,
- Health ,
- Housing and homelessness ,
- Human rights system ,
- Poverty and economic inequality ,
- Public services ,
- Substance use ,
- Tenancy rights
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Recommendation 10:
That the Ministry of Health, in partnership with the Ministry of Mental Health and Addictions and the health authorities, undertake a comprehensive review of practices for:
- children under 16 who have been “voluntarily” admitted, and take all necessary legal and administrative measures to ensure that “mature minor” capacity assessments are carried out where treatment is proposed, that the results of those assessments are recorded, and that physicians understand their duty to comply with the views of a mature minor regarding treatment, subject only to the order of a court;
- children assessed as mature minors who have been involuntarily admitted, and take all necessary legal and administrative measures to ensure that (i) despite the deemed consent provisions, the views of the young person are obtained, recorded and carefully considered before treatment decisions are made, and (ii) treatment information is conveyed in a manner that children and youth may understand.
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Recommendation 11:
That the Ministry of Health and the Ministry of Mental Health and Addictions put forward amendments to the Mental Health Act after actively engaging and consulting with health authorities, First Nations, Métis Nation and urban Indigenous communities and leadership and other appropriate bodies to ensure that, for children and youth who are detained under the Mental Health Act, isolation and restraint are:
- only used as a last resort when all other interventions have been exhausted, and
- only used in accordance with specific legislative or regulatory criteria including assessment, time limits, reviews, documentation and reporting requirements.
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Recommendation 13:
That the Ministry of Health and the Ministry of Mental Health and Addictions put forward amendments to the Mental Health Act after actively engaging and consulting with health authorities, First Nations, Métis Nation and urban Indigenous communities and leadership and other appropriate bodies to create mandatory periodic Mental Health Review Board reviews for (i) involuntarily detained children and youth, and (ii) children under 16 who are admitted at the request of their parents, to ensure that such reviews do not depend on the child’s knowledge or ability to make such a request. Mandatory reviews should only be conducted with the consent of the child or youth or their representative. Amendments to be put forward by May 1, 2022
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Recommendation 12:
That the Ministry of Health and the Ministry of Mental Health and Addictions conduct an evidence informed and outcomes-based review of extended leave for children and youth who are detained under the Mental Health Act to:
- assess the effectiveness of extended leave as a mental health intervention for children and youth, and
- if extended leave is determined to be effective, review the need for additional legislative or regulatory criteria and oversight mechanisms, and review the extent to which children and youth are aware of and exercise their rights on extended leave.
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Recommendation 14:
That the Mental Health Review Board pilot a new Review Board hearing process for children and youth that centres the young person and is trauma-informed and culturally attuned after actively engaging and consulting with health authorities, First Nations, Métis Nation and urban Indigenous communities and leadership and other appropriate bodies. Pilot to be operational by Oct. 1, 2022.
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Category and theme:
- Access to justice ,
- Corrections ,
- Culture and language ,
- Decolonization and Indigenous rights ,
- Health ,
- Health, wellness and services ,
- Human rights system ,
- Indigenous children and youth in care ,
- Mental health and detention ,
- Policing and the criminal justice system ,
- Poverty and economic inequality ,
- Public services
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