Nov. 20 is recognized as National Child Day. Proclaimed by the Government of Canada in 1993, it commemorates two historic events for children – the adoption of the United Nations Declaration on the Rights of the Child in 1959 and the United Nations Convention on the Rights of the Child (the Convention) in 1989.
In Prince Edward Island, we have an additional cause for celebration in that November 20th of this year represents the first anniversary of our governing legislation, the Child and Youth Advocate Act, passing third reading in the P.E.I. legislative assembly before being ultimately proclaimed in force on July 15, 2020.
This however, is the first National Child Day enveloped by a global pandemic.
Unfortunately, children and youth are less visible in our communities when they are not able to go to school, play together, access in-person medical or mental health support services, or participate in sports and their cultural activities. When children become less visible, we no longer see them and we no longer hear their voices. When this happens, safety from caring and trusted adults with extra sets of "eyes and ears" are no longer able to watch over them mindfully.
The enactment of this landmark legislation is critically important now more than ever. It represents a momentous occasion for the children and youth of this province who now have, for the first time, an office dedicated to independently representing their rights, interests and viewpoints when they are receiving, or eligible to receive, government or other publicly funded services. They are no longer being left behind other jurisdictions when it comes to having their rights respected and their views meaningfully considered in matters affecting them.
The spirit and intent of the new Child and Youth Advocate Act is to work collaboratively to promote and protect the rights of all Island children and youth – it is not about finding blame or pointing fingers at each other; rather, it is about working together to strengthen the rights of all children and youth by creating safe space for them to have their views heard, and learning together, so we can identify opportunities to improve programs and services to optimize the health and well-being of all children and youth.
Our new office is independent of government. This is a key requirement of any credible and fully functioning Child and Youth Advocate Office. It is a well-established international standard for offices promoting and protecting the human rights of children and youth. As an independent officer of the P.E.I. legislative assembly, I don’t report to any branch of the provincial government, but to the full legislative assembly through the Office of the Speaker.
Independence also means that within our office, we are impartial and non-partisan in our words and actions. It provides our office with the opportunity to serve children and youth and to advance their rights and well-being according to our best judgement. It allows us to speak publicly about issues that are important for children and youth. It enables us to have a higher level of credibility, so that when the public hears from us, they can be confident that we are speaking on behalf of children and youth and not simply on behalf of government.
This year we remind ourselves that history has shown when children are not seen or heard, they are at greater risk of having their rights compromised – such as their right to an adequate standard of health, food security, physical and emotional safety, education, culture, recreation, and contact with parents while in alternate care. These are all rights embedded in the Convention.
Our office has learned from the shared experiences of some Island children and youth that because of COVID-19, they missed the comfort and security of school when they were not able to attend in person. Those children and youth sometimes suffered in silence until they were able to return to school — and their social and recreational activities — where trusted adults are able to listen, comfort and help them. The current COVID-19 health crisis has also tested our humanity, resolve and concern for the health and safety of others, whether a friend, family member, co-worker or stranger. The vast majority of Islanders have led by example by making personal sacrifices for the greater health and safety of all citizens. This generosity of spirit and concern for others can also be applied to promoting the well-being of Island children and youth and actively listening to what they have to say.
While we are fortunate to be living in P.E.I. during the height of this pandemic from a health perspective, there is still a need for children and youth to have the support and watchful eye of various advocates – be they family, trusted adults, or the wider community. As Nelson Mandela once observed, “There can be no keener revelation of a society’s soul than the way in which it treats its children”.
For more information or to learn more about our office, please refer to the website.
Marvin M. Bernstein, B.A., J.D., LL.M.(ADR), is the child and youth advocate for the province of Prince Edward Island.
