Submitted to: UN Committee on the Rights of the Child                                                                                           

By: Canadian Council of Child and Youth Advocates

2011

1. Introduction

The Canadian Council of Child and Youth Advocates (the Council) submits this Special Report to the UN Committee on the Rights of the Child (Committee) to highlight the critical circumstances facing Aboriginal children today. The Council is a national alliance of child advocates legally appointed by the Canadian provinces and territories. The Council members’ mandates include promoting and protecting children’s human rights, including the rights of Aboriginal children. In our role as advocates for Aboriginal children, and through their voices, we have identified critical systemic challenges impacting Aboriginal children’s lives and requiring urgent attention. This awareness has led us to contribute to the Committee’s review of Canada’s 2009 report by submitting this Special Report. We ask the Committee to consider our report, including our recommendations directed at improving the lives of these, and all, children.

By focusing on Aboriginal children, we draw attention to the intertwining of circumstances affecting many vulnerable children within our jurisdictions. These vulnerable children include children with disabilities; trafficked and sexually exploited children; children requiring protection; homeless children; children in the justice system; and children whose families live in poverty. Refugee, unaccompanied and separated children also intersect with these groups. It is our belief that by highlighting factors relevant to Aboriginal children, we also emphasize what is pertinent to all groups of children. It is our belief that by promoting the realization of Aboriginal children’s human rights, we promote the realization of human rights for all children.

In its past Concluding Observations to Canada, the Committee has expressed their concerns and made specific recommendations about Aboriginal children, who remain among the most vulnerable children in Canada today. Canada has made some progress towards improving the lives of some children. It is our contention, however, that the Committee’s past recommendations remain largely unaddressed to the fullest extent possible and that a high percentage of Aboriginal children fail to realize their rights under the UN Convention on the Rights of the Child (CRC), the UN Declaration on the Rights of Indigenous Peoples and other human rights instruments.

In 2010, we released a position paper highlighting significant issues affecting Aboriginal children, making recommendations and calling upon Canada for an immediate response. Our position paper informs this Special Report, which we believe offers a more realistic and contemporary picture of Aboriginal children’s lives than what Canada has reported. Our analysis reveals a crisis in Aboriginal children’s lives that must be addressed. To bring attention to Aboriginal children and encourage what is required to fulfill Canada’s CRC obligations, this Special Report refers to the Committee’s earlier observations, its recommendations to Canada and the Committees’ General Comments where applicable. We also mention Canada’s 2009 report, when relevant, and offer information along with recommendations that we believe will assist the Committee in its review of CRC implementation in Canada.

The Committee, Canada and the Council agree that Aboriginal children face gross inequities and lack opportunities to realize fully their CRC rights. We appreciate the Committee’s guidance to Canada (and other States) on indigenous children’s CRC specific entitlements, which are ‘…indicative of the recognition that [indigenous children] require special measures [author emphasis] in order to fully enjoy their rights’. By submitting this Special Report, we ask the Committee to encourage Canada to develop and implement special measures that will assist Aboriginal children, and all children, with the fulfillment of their human rights under the CRC and other related human rights instruments.

Found on: http://www.nationtalk.ca/modules/news/article.php?storyid=48289

Retrieved:11/4/2011