In April, 14-year-old Josette Rosenzweig won an important court case that underlined her right to refugee protection. The Ontario Court of Appeal ruled that, as a recognized refugee, she was wrongly returned to Mexico in a parental custody dispute. Because the original decision to return Josette to her mother under the Hague Convention didn’t consider the risks that she faced as a refugee, the Court ordered she be returned to Canada. It was impossible to enforce this order with the Mexican authorities, so her safe return was doubtful. To everyone’s surprise, she managed to do just that and is thankfully in the next chapter of her life in Toronto.

Focus on children’s rights: Why is Josette’s case so important?

At issue are parental rights under the Hague Convention in international child custody cases where the child needs protection under the Refugee Convention. Josette’s case points to the need to give greater attention to children’s rights as refugees. Child refugees should not receive less protection than adult refugees.

It is crucial that our society’s leaders work to foster strong public support for refugees and to combat xenophobia. In 2011, this means countering the increased criminalization of refugees and other newcomers.

In June, the federal government reintroduced legislationseeking to curb human smuggling to Canada.  But, Bill C-4 punishes refugees not smugglers. The bill proposes mandatory detention for some refugee claimants, including children – treating refugees like criminals. Worse still, refugee claimants have been presented as a threat, rather than as people fleeing threats to their lives. Happily, a wide range of organizations have spoken up against Bill C-4.

Focus on children’s rights: Detention is no place for a child

Contrary to the Convention on the Rights of the Child(article 37), Bill C-4 proposes to detain some children for one year without review. Instead, the government should find viable alternatives to detention that are in the best interests of children

No to separate refugee classes: Permanent status means effective protection for refugees

Among the measures in Bill C-4 to penalize certain refugee claimants is the imposition of 5 years temporary status. Denying refugees the right to permanent status means depriving them of family reunification and leaving them in precarious limbo.

Families need to be kept together – and when they are separated, they need to be reunited quickly and simply.

Long delays and barriers continue to keep refugee families apart.  In 2011, Africa, and particularly the Nairobi office, continued to have some of the longest processing times. Live-in caregivers and their families also suffer from long periods of separation.

Focus on children’s rights: Impacts of family separation on children

“What society is this that creates parentless children?” … “We dream of a society that will never be torn apart just for the need to survive.”– MigranteBC’s SpeakUp! project with the children of live-in caregivers from the Philippines speak out against long delays in family reunification

2011 saw a shift in immigration levels further limiting options for speedy family reunification for many in Canada. A moratorium was imposed on sponsorship applications for parents and grandparents. While the federal government proposed a new ‘supervisa’ program to grant parents and grandparents long-term visitor visas, the visa’s criteria will place the new program out of the reach of families who cannot meet the financial conditions.

In March, the government proposed a “conditional” permanent residence period of two years or more for sponsored spouses and partners who have been in a relationship of two years or less with their sponsors. This proposal will increase inequalities in relationships between spouses, and would put women in particular at heightened risk of violence. The CCR and other organizations oppose this proposal because of the potential impacts. Providing permanent status for sponsored spouses ensures more successful integration in Canada.

Focus on children’s rights: Precarious status, what future?

With a policy of ‘conditional permanent residence’ in place, children may be forced to remain in abusive households for fear of losing status in Canada. Their lives could also be disrupted if their sponsored parent is deported from Canada.