November 17, 2021 (Saskatoon) – November 20th is National Child Day, and the Canadian Council of Child and Youth Advocates (CCCYA) encourages everyone to hold governments accountable for protecting the rights of our young people.

In Canada, National Child Day is observed in recognition of our country’s commitment to upholding the rights of children and youth and to commemorate two important historical events – the United Nations’ adoption of the UN Declaration on the Rights of the Child in 1959, and the UN Convention on the Rights of the Child (UNCRC) in 1989.

National Child Day also presents an opportunity to raise awareness about children’s rights, the progress that has been made, and the work still yet to do. Canada ratified the UNCRC in 1991, and this year marks the 30th anniversary of its application in our country.

The UNCRC is a legally-binding, international human rights treaty setting out the rights that all children are entitled to.

“It requires governments to ensure that young people are protected from harm, are provided with what they need to grow up healthy, happy and safe, are given opportunities to have their voice heard in matters that affect them and have decisions made with their best interests in mind,” said Dr. Lisa Broda, President of the CCCYA and Saskatchewan’s Advocate for Children and Youth. National Child Day is especially important to CCCYA member offices, as all our work is grounded in the UNCRC.

It is our role to help hold governments to account for meeting their legal obligations under this document.

“Thirty years is a long time,” said Broda. “Long enough for Canadians to expect the most basic rights of children and youth to be protected by, and safeguarded in, our laws and national policies.

While there has been much progress made in the last three decades, there are still circumstances in which this is simply not the case.”

One of the most fundamental human rights – the right to bodily integrity and the right to be safe from physical harm – continues to be denied to our children. Section 43 of the Criminal Code of Canada legally permits corporal punishment and has been used to defend assault of children for the purpose of corrective discipline.

While there are limits on the force that can be used in its administration, interpretation and application of these limits have been inconsistent. As a result, children have not enjoyed the same protections against violence that are taken for granted by adults.

“Parenting practices, as well as our understanding of their impacts, have changed over time. Section 43 goes against the solid body of research demonstrating the immediate and long-term harms that corporal punishment imposes on children, and on society generally. It must be repealed,” said Broda. The need to protect children and youth from physical violence in what are most often private settings, as permitted by section 43, becomes even more urgent considering the persistence of the COVID 19 pandemic, the increased stress it has imposed on families, the self-isolation measures it has required, and the increase in violence against children that have resulted from these conditions. Not only is this year the 30th anniversary of Canada’s commitment to upholding children’s rights, it is also a year in which the country is actively engaged in the accountability process required by the UNCRC.

Every five years, Canada must report to the UN Committee on the Rights of the Child (the Committee) on its progress. Canada is lagging. There are 63 countries that have done away with corporal punishment.

The Committee has previously expressed that it is “gravely concerned that corporal punishment is condoned by law” and urged Canada to abolish it. In the current reporting cycle, Canada has been asked to specifically comment on the measures it has taken to do so.

Canada must provide a written response, as well as appear before the Committee in May 2022, to speak to this question, among others. Although long overdue, this presents an opportunity for Canada to finally take concrete action on this issue.

“While it is the mandate of CCCYA members to advocate for children’s right in their respective provinces and territories, everyone has a role to play in holding our governments accountable for their responsibilities to our children,” said Broda. “As a nation, the CCCYA encourages everyone to raise their voices this National Child Day and call upon Canada to present the Committee with a plan to repeal section 43. It’s time,” said Broda.

There are many virtual National Child Day activities taking place across the country in which Canadians can safely participate to better understand the importance and relevance of the UNCRC.

Please contact the CCCYA member office in your jurisdiction for more information on National Child Day activities in your area.