By Deborah Wyatt
Rights are often taken for granted until they are in jeopardy. This is particularly evident in the realm of support for children with exceptionalities, where, despite numerous legal frameworks and historical precedents, gaps remain in the services provided.
My journey into this issue began in 2009 when my grandparents in France expressed their bewilderment over why children with exceptionalities in Canada seemed to lack the necessary support. Their concerns prompted my return to Canada, where I aimed to understand the disconnect between the legal guarantees of support and the reality faced by many families.
The assumption among many Canadians is that all individuals with exceptional needs receive the support they are entitled to. However, I discovered a troubling reality: despite the existence of robust legal frameworks, such support is not always effectively delivered. This issue is deeply rooted in the application of our legal documents, including the Charter of Rights and Freedoms, which is meant to ensure equality and prevent discrimination.
Our legal history, from the Magna Carta to the Canadian Charter of Rights and Freedoms, has laid a foundation for advocating rights. The Charter, for instance, guarantees equality and non-discrimination (Section 15), which should theoretically protect all individuals, including children with exceptionalities. Yet, the reality is that many of these children face long wait times and inadequate support, a situation compounded by bureaucratic inefficiencies.
My investigation, undertaken with my twin sister, revealed that while necessary documents and legal support mechanisms are in place, their application is often flawed. Many families are unaware of the legal provisions available to them, and the process for securing support can be cumbersome and opaque. For example, although historical documents and legal provisions dating back to 1936 affirm the right to support, practical application often lags behind.
We found that although the documents supporting the rights of children with exceptionalities are well-established, the government frequently fails to implement these rights effectively. The lack of awareness among government officials about the Charter and other relevant legislation contributes to this issue. A notable example is the Moore case in British Columbia, which highlighted that simply being on a waitlist does not justify delays in receiving treatment.
The Children’s Rights Act, which was promoted in 1991, aimed to address these issues by ensuring that children, regardless of their exceptional needs, receive appropriate support. Despite its importance, implementation has been inconsistent. The Act emphasizes that children should be viewed as human beings with rights equal to those of adults, and if they do not meet developmental milestones, they should still receive the necessary support.
Our research extended to reviewing foundational documents such as the UN Convention on the Rights of the Child, which aligns with Canadian law to ensure that children have access to necessary treatment and development opportunities. For instance, Article 26 of the UN Convention emphasizes that children should be provided with opportunities to thrive in their treatment and health care facilities.
Despite the robust framework supporting these rights, many children with exceptionalities still face significant barriers to receiving the help they need. Our findings suggest that the issue is not solely one of insufficient funding but also of a lack of effective communication and understanding of the rights guaranteed by legal documents.
The process for securing support often involves third parties, such as clinical psychologists, who assess the needs of children and recommend appropriate programs. However, inefficiencies in this process can lead to delays and inconsistencies in funding. Ideally, funding decisions should be based directly on clinical recommendations, which would align with the rights of children and ensure fair access to necessary treatments.
One key issue is that many people, including those in positions of power, are unaware of the rights enshrined in the Charter and other legal documents. This lack of awareness contributes to ongoing gaps in support for children with exceptionalities. It is crucial that both the public and policymakers become more informed about these rights to advocate effectively for the necessary changes.
In short, the rights and support for children with exceptionalities need a comprehensive review and a more effective implementation strategy. Despite the legal frameworks in place, many families continue to face challenges in accessing the support their children need. Addressing these issues requires increased awareness, streamlined processes, and a commitment to ensuring that the rights of all children are fully realized.
By bridging the gap between legal guarantees and practical support, we can better ensure that every child, regardless of their needs, receives the care and opportunities they deserve.
Photo: olesiabilkei via iStock
