The Overall Impact On Children

1. Who is the child?

• How might children and adolescents be affected by this proposal, directly or indirectly?
• How might these impacts be different than impacts on adults?

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Tip

Consider all of the children that might be affected by this proposal. The impacts on children that are directly affected, including those at whom the proposal is aimed, could be different than impacts on other children. For instance, a proposal to protect child witnesses in court proceedings may have positive impacts for them, but negatively impact children who are defendants.

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2. How might the proposal affect children and youth (from birth to age 18)?

• Which provisions of the Convention on the Rights of the Child may be positively affected?
• Which provisions of the Convention on the Rights of the Child may be negatively affected?
• What is the possible extent, duration and severity of negative impacts?
• Which provisions of the Convention on the Rights of the Child may be subject to mixed or uncertain impacts? How can these be further considered?

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Tip

Use the children’s rights summary for a quick review. Focus in more detail on specific rights where impacts may be negative or uncertain. Look for “ripple” impacts across rights, given they are highly interdependent. Keep in mind there is no hierarchy of rights: they are of equal status.

Universality, Equity and Non-discrimination

3. Are there particular groups of children that may experience differential, negative or positive impacts (benefits)? Who are they?

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Tip

Consider intersecting dimensions of potential equity “fault lines”:

• Age (across the life span; because of different legal status for under 18/age of majority)
• Gender and gender identity
• Socioeconomic status
• Family structure
• Race, culture, language and religion
• Indigeneity (the UN Declaration on the Rights of Indigenous Peoples should be considered as it relates to First Nations, Inuit and Métis children)
• Disability (the UN Convention on the Rights of Persons with Disabilities should be considered)
• Citizenship/official identity status (including whether children reside inside or outside Canada)
• Children living in institutions, children in care, children of incarcerated parents
• Location (e.g., urban, rural, northern)
• Sexual orientation
• Parent’s status or situation
• Other status
• Future generations and intergenerational fairness

Child Participation

4. Has there been any consultation with diverse children in the development of this proposal? What were their views?

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5. Does the proposal recognize children’s capacity to express their views or make decisions for themselves, considering their evolving agency, to the greatest extent possible?

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6. Are there arbitrary age limitations or statutory discrimination – treating children differently and unfairly on the basis of their age?

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Tip

When possible, provide for a case-by-case approach to age limitations rather than a broad age limit, and provide that children can express their views where they are not enabled to make a decision on a matter affecting them.

Best Interests Of The Child

7. Does the Convention require that children’s interests are ‘paramount’ (instead of ‘primary’) on this issue (e.g., see article 21 relating to adoption)?

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8. If the proposal prioritizes other groups or interests over children’s, how is this justified?

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Article 3, UN Convention on the Rights of the Child

In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

Maximum Extent Of Available Resources And Accountability

9. Has the government conducted a Child Rights Impact Assessment? (Members of Parliament and Legislatures should have access to such assessments.) How does it compare to your assessment of the potential impacts on children’s rights?

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10. Does the proposal give children a first call on available resources and maximize investment in them? Does it ring-fence (specifically identify) investment in children? Does it protect children first and foremost from any budget or program cuts or changes (according to the human rights principles of non-retrogression and the best interests of the child)?

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11. Does the proposal support the proper roles of:

a. Duty-bearers to fulfill their obligations (governments and authorities)?

b. Rights-holders to exercise and claim their rights without undue risk (children)?

c. Responsibility-holders to support the capacity of duty-bearers and rights-holders (e.g., parents, business, and everyone else)?

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Example

Employment is an area of law where the roles of duty-bearers, rights-holders and responsibility-holders are important to get right. As duty-bearers for children’s rights, governments must regulate the conditions in which children work, take measures to ensure them, provide penalties and enforcement and ensure remediation (article 32 and other relevant articles including 24, 27 and 28). However, employment law often divests this duty to parents, employers, civil society organizations or children themselves (e.g., to assess and monitor the conditions of work).

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12. Does the proposal include mechanisms to support accountability and transparency, such as public awareness, independent monitoring, regular public reporting and/or an appeal process?

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Article 4, UN Convention on the Rights of the Child

States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation.