Law Module
United Nations Convention on the Rights of the Child
Questions & Answers


1) Are all students classified as children?  

          Only those who are below the age of 18 fit this definition in Canadian schools.

2) Upon what consideration should all actions concerning a child depend?

           The best interest of the child shall be the primary consideration.

3) What limitations are placed on a child's right to expression?

           Due weight is given in accordance with the age and maturity of the child.

4)  What provisions and restrictions does the convention extend to children with disabilities?

       Provisions - enjoyment of a full and decent life of dignity, self reliance and active community participation.
                        - effective access to education
       Limitations - subject to the availability of resources and the circumstances of the parents/caregivers
                        - free services when possible

5) What specific educational rights does the Convention provided for?

       Free compulsory primary education.
       Availability and accessibility to secondary education.
       Accessibility to higher education.
       Availability and accessibility of educational/vocational information
       Encouragement of  regular school attendance
       Appropriate school discipline.
       Promotion of international cooperation in matters relating to education.
      
6) What protection is extended to children re: penal law enforcement?

       Right to prompt access to legal assistance.
       Right to an independent, impartial court challenge of the law being enforced.
       Prompt decisions on any legal action (charges, rulings).
       Treatment in a dignified worthy manner.
       Presumption of innocence.
       Freedom of manadatory testimony or confession.
       Free interpretation to the child's language.
       Privacy
       Alternative measures to judicial proceedings
       Alternatives to institutional care.