Family Reunification and the Convention on the Rights of the Child

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The CCR proposes that family members of refugees, especially separated children, be allowed to travel immediately to Canada so that processing can be done here.  

Impacts of Prolonged Family Separation

Prolonged family separation has its most dramatic impacts on the many children affected. As a society we have particular obligations to protect children, including by respecting their right to be with their family.

Protection of the Family

According to international human rights instruments ratified by Canada, protection of the family is an obligation of society and the State. Among these instruments, the Convention on the Rights of the Child contains the most explicit provisions relevant to refugee family reunification:

Art. 9 (1): States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. […]

Art. 10 (1): In accordance with the obligations of States Parties under article 9, paragraph 1, applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner.  […]

Convention on the Rights of the Child

UN Committee on the Rights of the Child

On the last two occasions that the UN Committee on the Rights of the Child examined Canada on its compliance with this Convention, the Committee expressed its concerns about the slowness of refugee family reunification.  In 1995, the Committee expressed regret at:

“the insufficient measures aimed at family reunification with a view to ensuring that it is dealt with in a positive, humane and expeditious manner.”

And at:

“the delays in dealing with reunification of the family in cases where one or more members of the family have been considered eligible for refugee status in Canada […]” (para. 13)

The Committee recommended: 

“That every feasible measure be taken to facilitate and speed up the reunification of the family in cases where one or more members of the family have been considered eligible for refugee status in Canada.” (para. 21)

In its subsequent report, in October 2003, the Committee noted that this concern had not been “adequately addressed”. Little has changed since then.

UN Committee on the Rights of the Child: Concluding Observations: Canada, 27 October 2003.

Useful CCR resources: