Canadian Child Health Law - Health Rights and Risks of Children

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Canadian Child Health Law

Health Rights and Risks of Children

By: Bartha Maria Knoppers, Editor

This book is the first analysis of the law in Canada pertaining to the health of children. It reflects the collaborative effort and concern of four national centres: Centre de recherche en droit public; Canadian Research Institute for Law and the Family; Canadian Institute of Child Health; and the Canadian Human Rights Foundation.

ISBN 978-1-55077-035-3
Edition First
Year 1991
Page Count 342

$ 29.95


The book begins with a factual picture of the health of Canadian children — the causes of disability, injury and death, the types of programs and policies in place and the success of such programs. It then examines the impact of public international law as it applies to the right to health generally and the implications of its interpretation for the right to health under the Convention and under current Canadian constitutional and criminal law.

The possible recourse to the Convention for a positive or restrictive interpretation of this right under the common law of Canada or the civil law of Quebec are the focus of separate chapters. The final chapter is a discussion of the difficult question of research involving children.

Table of Contents

1. Health Status Indicators and the Legislative Environment

  • Introduction
  • An Overview of the Health Care System
  • An Overview of Demographics
  • Injuries
  • Tobacco, Alcohol and Drugs
  • Mental Health
  • Children with Disabilities
  • Reproductive Health
  • Birth Defects
  • Sexual Abuse and Family Violence
  • Environmental Health
  • Nutrition
  • Immunization
  • Subgroups of Canadian Children
  • Conclusion
  • Bibliography
2. The Impact of Public International Law on Canadian Constitutional, Criminal Law and Child Health
  • Introduction
  • The Right to Health in International Law
  • Children's Health in Constitutional Law
  • Health Protection for Children Under Criminal Law
  • Conclusion
  • Bibliography
3. Legal Rights of Children to Health Care in the Common Law Jurisdictions of Canada
  • Introduction
  • Canadian Common Law Legislation
  • Conclusions and Recommendations
  • References
  • United Nations Convention on the Rights of the Child, Article 24
  • List of Cases
  • List of Statutes
4. Children's Right to Health Under Quebec Civil Law
  • Introduction
  • Quebec Legislation Applicable to the Child
  • The Child Victim of his Environment
  • The Sick or Physically Handicapped Child
  • The Child Suffering from Mental Disability or Mental Illness
  • The Underprivileged Child
  • Deficiencies in the Quebec Legislation and Recommendations
  • Schedule 1
  • Bibliography
5. Legal Aspects of Research Involving Children in Canada
  • Introduction
  • Constitutional Law
  • Criminal Law
  • Statutory Regulation and Judicial Interpretation
  • Canadian Guidelines
  • Other Jurisdictions: United States, United Kingdom, France
  • Conclusion