CEDAW/C/CAN/CO/8-9
52.
The Committee is concerned about the lack of harmonization of legislation at the
federal and provincial and territorial levels with respect to child-custody determination,
as the federal Divorce Law still includes the highly problematic "maximum contact"
provision and makes no mention of domestic violence. The Committee is further
concerned at evidence of reduced or even cessation of child support orders that can result
from shared custody orders or agreements, which in practice are not always followed and
do not necessarily reflect the reality of time and cost allocation between parents.
53.
The Committee recommends that the State party take the necessary
measures to harmonize federal and provincial/territorial legislation with respect to
child-custody determination, ensuring that the ongoing problem of violence against
women be taken into account in any such efforts, and use the new British Columbia
Family Law Act to guide future legislative reforms, especially with respect to the
definition of domestic violence and the best interest of the child as regards
“maximum contact”. The Committee further calls upon the State party to employ
means to closely monitor the economic welfare of children following divorce, so as
to prevent strategic/opportunistic claims for shared custody, and ensure that child
support payments are not inappropriately reduced.
Beijing Declaration and Platform for Action
54.
The Committee calls upon the State party to use the Beijing Declaration and
Platform for Action in its efforts to implement the provisions of the Convention.
2030 Agenda for Sustainable Development
55.
The Committee calls for the realization of substantive gender equality, in
accordance with the provisions of the Convention, throughout the process of
implementation of the 2030 Agenda for Sustainable Development.
Dissemination
56.
The Committee requests the State party to ensure the timely dissemination of
the present concluding observations, in the official languages of the State party, to
the relevant State institutions at all levels (federal, provincial and territorial), in
particular to the Government, the ministries, Parliament and the judiciary, to
enable their full implementation.
Ratification of other treaties
57.
The Committee notes that the adherence of the State party to the nine major
international human rights instruments1 would enhance the enjoyment by women
of their human rights and fundamental freedoms in all aspects of life. The
Committee therefore encourages the State party to ratify the International
Convention on the Protection of the Rights of All Migrant Workers and Members
of Their Families and the International Convention for the Protection of All
Persons from Enforced Disappearance, to which it is not yet a party.
1
16
The International Covenant on Economic, Social and Cultural Rights; the International Covenant on
Civil and Political Rights; the International Convention on the Elimination of All Forms of Racial
Discrimination; the Convention on the Elimination of All Forms of Discrimination against
Women; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment; the Convention on the Rights of the Child; the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families; the International
Convention for the Protection of All Persons from Enforced Disappearance; and the Convention
on the Rights of Persons with Disabilities.