Children and Legal Representation in Canadian Divorce Cases
Abstract
This study explores children’s legal right to representation in divorce cases in Canada. Undertaken to gain a deeper understanding of theoretical and conceptual issues relating to children and international human rights, the study identifies the various legal fragmentations arising from the division of powers under the Canadian Constitution. Article 12 of the United Nations Convention on the Rights of the Child, ratified by Canada in 1991, states that children have the right to be heard in proceedings that affect them.
The study concludes that Canada needs consolidated legislation to ensure that children have legal representation in order to fully meet the Convention’s mandate.
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