“All people want and need to be Heard, Seen and Loved” (HSL).
— In That Order —
The Dalai Lama (Note 1)
The Youth Voices Initiative (sponsored by the BC Family Justice Innovation Lab Society) is a youth-led group that has been working for over 7 years to advocate for children’s right to have their views heard about issues affecting their lives resulting from parental separation. Note 2
The United Nations Convention on the Right of the Child (UNCRC), Article 12 confirms that this is a RIGHT of children and youth – not a privilege granted by adults.
In 2022, the Transform the Family Justice System (part of A2JBC) created a Meaningful Participation Community of Action to pursue this same goal in all areas of family justice including parental separation and the foster care system. Youth Voices is working with the multi-disciplinary members of the TFJS Collaborative.
Progress on this movement is gaining momentum across the province. Young people are increasingly being invited to speak and participate fully in professional conferences, workshops, and trainings. The ground-breaking Child & Youth Family Justice Conference held in September 2023 was designed and implemented by a team of young people and interested adults working together.
Change takes time.
But this is not a new issue. The UNCRC was adopted by Canada and the provinces in 1991. A child’s right to meaningful participation should not be controversial and has already been implemented in many contexts. Consider child protection mediation. The 2015 practice guidelines created jointly by the Ministry of Child and Family Development and the Ministry of Justice beautifully describes the principles and how they apply in child protection mediation.
“Article 12 of the UNCRC is the right for children and youth to:
- express their views;
- be heard; and
- have their views given due weight in accordance with their age and maturity.
Article 12, together with Articles 5 and 13 to 17, introduces a philosophy of respect for children as active participants in their own lives and acknowledges both their evolving capacity and the common sense approach that a child’s path from total dependence to adulthood is gradual.”
“The rights that fall into the “be heard” category ensure that a child or youth can express their feelings, thoughts and opinions, especially when important decisions are being made about them”.
The guidelines provide no tolerance for “tokenism” and no set age for application of the rights. This is a right of all children no matter what age and their capacity and stage of development are relevant only to weight.
While it appears that adherence to the guidelines may vary based on location etc., they are very much in force and are part of the foundational and continuing professional development for child protection mediation practitioners (thanks to Mediate BC Society which administers the roster).
Implementing meaningful participation is all about designing processes that put children at the centre and activate their right to be heard. Mediators are expert process designers and many CP mediators use creative methods of ensuring the right to be heard.
Many family mediators supporting families through separation and divorce are also using creative ways of implementing these rights. Note 3.
The movement aims to make meaningful participation of children and youth the default in all areas of family justice. It should be part of all processes (not just mediation) and considered as early as possible. This past spring, TFJS Collaborative and Youth Voices made a written submission to the Ministry of Attorney General relating to revisions to the Family Law Act of BC. We recommended addition of a new section specifically adopting Article 12 of the UNCRC and embedding the child’s right of meaningful participation and voice into this important legislation.
We are encouraged by the enthusiasm of the members of the Community of Action. No matter what your age, if you would like to become involved or obtain further information, please contact me at karidboyle86@gmail.com . We would love to hear from you!
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Note 1: Hat tip to Chris Corrigan for this gem – another important way to emphasize the fundamental need to be heard, seen and loved.
Note 2: Youth Voices links:
- YouTube: https://www.youtube.com/channel/UCnKAbkPgNqNsGWW1p4LwFqw
- Instagram: youth_voices_bc
- X/Twitter: @youth_voices_bc
- Lab website: https://www.bcfamilyinnovationlab.ca/initiatives/youth-voices/
Note 3: There are other examples as well. However, many of them occur much too late in the process. “Child inclusive mediation” is a term used to describe the over-arching principle that the voice of the child is important and should be heard during times of parental separation and/or divorce. However, the timing and precise approach varies widely in Canada, US and abroad. Hear the Child Society of BC offers an encouraging, non-evaluative method of ensuring the child’s voice is centred in family disputes.
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