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- Title
FAIRE VALOIR SES DROITS À LA CHAMBRE DE LA JEUNESSE : ÉTAT DES LIEUX DES BARRIÈRES STRUCTURELLES À L'ACCÈS À LA JUSTICE DES FAMILLES.
- Authors
Bernheim, Emmanuelle; Coupienne, Marilyn
- Abstract
While it is agreed that intervention in child protection constitutes in itself an infringement of the fundamental rights of parents, it is often taken for granted that the rights of parents and children are in conflict around concepts such as the best interests of the child and the permanent life project. In Quebec, in a context where mothers living in poverty, and more particularly Aboriginal or visible minority mothers, are overrepresented in youth protection and where the number of court cases has increased by 20% since the 1990s, it appears not only relevant but necessary to document the conditions of access to justice for parents in the Youth Chamber. Documentary research makes it possible to document the presence of structural barriers in terms of parents' access to justice, more specifically legal, material, objective, and inequality barriers. Thus, both the applicable law and the practice constitute obstacles liable to complicate the claim of parental rights. While families living in poverty are overrepresented in youth protection, these findings raise questions about the capacity of the justice system to deal with social issues in an egalitarian manner.
- Subjects
CHILD protection services; PARENT-child legal relationship; ACCESS to justice; EQUALITY; POVERTY
- Publication
Canadian Journal of Family Law / Revue Canadienne de Droit Familial, 2019, Vol 32, Issue 2, p237
- ISSN
0704-1225
- Publication type
Article