Children’s rights in education

On April 17, 1982, the Canadian Charter of Rights and Freedoms came into force, outlining the rights and freedoms that all Canadians are entitled to within our country.

As we consider the Charter as the anniversary passes for another year, we have an opportunity to be reminded that all of the rights outlined in the Charter apply to every Canadian citizen, including children and youth. After all, children are not citizens-in-waiting; they are already holders of rights. Children and youth are a particularly distinct group of citizens whose rights need to be safeguarded. This assertion is especially pertinent with the rise of the “parental rights” movement, which falsely positions the rights of parents over the rights of children. To be clear, the Charter does not give parents special rights over any other rights holder.

In fact, “parental rights” are not explicitly named in the Canadian Charter of Rights and Freedoms. The Charter does name fundamental freedoms (like freedom of conscience, religion and expression) and life, liberty and security of the person. These rights have been interpreted by courts to include a parent’s right to make decisions regarding the care and education of their children.

However, these rights have limits. The rights of parents need to be balanced against children’s rights and their best interests. Parental decision making is also subject to the government’s obligation to protect children and uphold their rights.

Children have their own legal rights that are independent of their parents. In addition to Charter rights, children’s rights are also secured through the United Nations Convention on the Rights of the Child. This international document, which was ratified by Canada in 1991, stresses that children are more distinct members of our society, that they have additional rights compared to adults, and that these rights include protection, but they also include provisional rights (such as a right to health care and education) and rights to participation (including to participate in decision-making about issues that involve their well-being) — all of which privilege the child’s best interests over parental rights.

The convention stresses that when public or private institutions are making decisions concerning a child that “the best interests of the child shall be a primary consideration.” As well, courts in Canada have demonstrated that when there is conflict between parental authority and the best interest of the child, the interests of the child need to be prioritized.

Groups operating under the banner of “parental rights” assert that parents have the right to control or limit what is being taught in public schools under the guise of protecting their children. This rhetoric of “parental rights” is not new. It has been used throughout history to challenge the teaching of evolution, school desegregation, mandatory schooling and comprehensive sex education. This current iteration of this movement is advancing the “rights” of parents to control curriculum and censor content in schools, often with a focus on removing topics relating to LGBTTQ+ people, gender identity and racial justice.

Following Lauren Bialystok, professor of social justice at the University of Toronto, while public schools should make reasonable accommodations, private parental values that undermine children’s rights, ignore established human rights, narrow and censor education for all children, or harm other people’s children, do not require accommodation in public schools. Rather, public schools have an obligation to introduce children to knowledge, ideas and views beyond those they encounter in their homes; not only because this respects children’s rights, but also because we live in a diverse society.

“Parental rights” cannot be used to censor books and narrow curriculum in ways that restrict their own children’s learning or harm other children. All children have the right to see themselves reflected in the curriculum and to learn about people who might differ from themselves. All children need to learn about human rights and how to live in a free and diverse society. When a small group of parents succeed in limiting these lessons, all children lose access to essential understandings that they need to participate actively and positively in their communities.

The rights of children, as outlined by local, national and international policies and legislation, need to be preserved and protected to support their best interests. As we mark the anniversary of the Charter, let’s be reminded that while some would dismiss children’s rights as less important, they are essential in a diverse society.

Shannon D.M. Moore is an associate professor in the faculty of education at the University of Manitoba and a member of People for Public Education. Melanie Janzen is a professor in the faculty of education at the University of Manitoba and a member of People for Public Education.