Human rights violations and Canadian mining companies: exploring access to justice in relation to children’s rights

Human rights violations caused by mining activities are sadly a common occurrence. Children are often the most affected by mining companies’ actions in the developing world given their numbers and specific vulnerabilities. Yet, as it is widely recognised, children tend to be less visible than adults, and have greater difficulty accessing justice when their rights are violated. This article explores children’s access to justice in the context of mining activities by Canadian companies abroad. We examine existing judicial and extrajudicial remedies available at national and international levels, assessing their effectiveness in light of children’s rights and realities. Examining remedies requires considering the roles and responsibilities of home and host states, as well as the companies involved. A child rights lens is applied to the analysis of international guidelines and company policies, noting the quasi-absence of children in these documents. However, the discussion recognises some positive developments and the strengths of certain remedy mechanisms. The way forward requires the adoption of a combination of approaches, including the setting-up of child-friendly mechanisms, and, most importantly, a shift in societal attitudes towards children.