UN Convention on the Rights of the Child and Canada’s Role

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UN Convention on the Rights of the Child and Canada’s Role

Part 1 of 6 Competence, Safety, Health

Canada played an instrumental role in drafting and promoting the United Nations Convention on the Rights of the Child. The Convention outlines the responsibilities governments have to ensure a child’s right to survival, healthy development, protection and participation in all matters that affect them. The four general principles of the Convention are: non-discrimination, the best interests of the child, the right to life, survival and development, and respect for the views of the child.
 
[1] Public Health Agency of Canada Convention on the Rights of the Child
[2] Office of the High Commissioner for Human Rights
 

Article 3

States Parties shall ensure that the institutions, services and facilities responsible for the care of protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health

Competence, Safety, Health

– The Ontario Ministry of Health will not accept health complaints related to industrial wind turbines. [3]
– The Ontario Ministry of Environment has repeatedly failed to adequately regulate, monitor and enforce emissions from industrial wind turbines [4] [5] [6] [7]

– Health Canada has failed to respond to and resolve a very large number of well documented health complaints related to industrial wind turbines [8]
– A 2011 Ontario Environmental Review Tribunal (ERT) decision found that the test for serious harm to human health from wind turbines can include both direct and indirect pathways. On July 23, 2013 Ontario Chief Medical Officer of Health, Dr Arlene King continued to stand by her conclusions about no direct health effects [9]
 
Wind Victims Ontario has provided only a small sample of references and has no intention of providing complete documentation. Overwhelming evidence is available.
[1] Public Health Agency of Canada http://www.phac-aspc.gc.ca/ncd-jne/bck-info-un-eng.php
[2] Office of the High Commissioner for Human Rights http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx
[3] Personal correspondences from David Libby
[4] http://ontario-wind-resistance.org/setbacks/
[5] http://windvictimsontario.com/analysis-of-low-frequency-and-infrasound-at-the-shirley-wind-farm.html
[6] http://windvictimsontario.com/industrial-wind-turbines-shatter-environmental-guidelines.html
[7] http://windvictimsontario.com/provincial-ministry-response-to-noise-complaints.html
[8] http://windvictimsontario.com/victims-of-wind-demand-a-public-inquiry—health-canada-submissions.html
[9] http://windvictimsontario.com/action-alerts.html

Part 2 of 6 Development of the child

 
Canada played an instrumental role in drafting and promoting the United Nations Convention on the Rights of the Child. The Convention outlines the responsibilities governments have to ensure a child’s right to survival, healthy development, protection and participation in all matters that affect them. The four general principles of the Convention are: non-discrimination, the best interests of the child, the right to life, survival and development, and respect for the views of the child. [1] Public Health Agency of Canada Convention on the Rights of the Child [2]

Article 6

2. States Parties shall ensure to the maximum extent possible the survival and development of the child.
 
Development of the child
Many studies have demonstrated that intrusive noises such as those from passing road traffic, nearby rail systems, and overhead aircraft can adversely affect children’s cardiovascular system, memory, language development, and learning acquisition [3]
– 7 out of the 10 school-age children and teens did worse in school during exposure to turbines, compared to before or after, including unexpected problems in reading, math, concentration, and test performance, noticed by both teachers and parents. Teachers sent notes home asking what was wrong with the children. [3]
– The evidence for adequate sleep as a prerequisite for human health, particularly child health, is overwhelming. Governments have recently paid much attention to the effects of environmental noise on sleep duration and quality, and to how to reduce such noise.1 However, governments have also imposed noise from industrial wind turbines on large swathes of peaceful countryside. [4]
– A family in southern Ontario reports: We live within 700m of two turbines, there are 6-8 within 1 km. Yesterday was report card day and my eldest son’s report card broke my heart. It started with a glowing report… but my heart broke when I read “…should continue to put his best effort forth in paying close attention to the teacher and his classmates when they speak, rather than resting his head on his desk surface.” My son complains often that he has a hard time at school because he is so tired all the time, and when I asked him how he handled it he said he tried to close his eyes on his desk from time to time, but it really hit home when it was there in black and white on the report card. [5]
 
[1] Public Health Agency of Canada http://www.phac-aspc.gc.ca/ncd-jne/bck-info-un-eng.php
[2] Office of the High Commissioner for Human Rights http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx
[3] http://ontariowindresistance.files.wordpress.com/2012/12/health-canada_risks-to-children-december-27-2012-final.pdf
[4] http://www.bmj.com/content/344/bmj.e1527, https://www.wind-watch.org/documents/wind-turbine-noise-editorial/
[5] https://www.illwind.org/reports/view/441

Part 3 of 6 Injury, Negligent treatment, Maltreatment

 
Canada played an instrumental role in drafting and promoting the United Nations Convention on the Rights of the Child. The Convention outlines the responsibilities governments have to ensure a child’s right to survival, healthy development, protection and participation in all matters that affect them. The four general principles of the Convention are: non-discrimination, the best interests of the child, the right to life, survival and development, and respect for the views of the child. [1] Public Health Agency of Canada Convention on the Rights of the Child [2]

Article 19

1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment 

 
Injury, Negligent treatment, Maltreatment
– Autistic children cannot live near wind turbine projects.[3] Recently a survey by Davis and Steigler (2010) of over 17,000 children who have Autistic Spectrum Disorders (ASD) shows that over 40% were “hypersensitive to sounds” and that “noise sensitivity is a particular problem” for children with ASD.[4]
Stansfeld and Matheson (2003) note, “It is likely that children represent a group which is particularly vulnerable to the non-auditory health effects of noise … In view of the fact that children are still developing both physically and cognitively, there is a possible risk that exposure to an environmental stressor such as noise may have irreversible negative consequences for this group.”[5]
– The Invisible Children Meet Big Wind, NA-PAW. Twelve-year-old Jordynn Stom, whose already delicate health is being threatened by a wind farm project. She has Systemic Lupus and Photo-Sensitive Epilepsy. Despite her medical condition, she attends school and is a straight A student. A wind farm may soon cause havoc with her life, as her disabilities will make her especially vulnerable to the turbines’ infrasound and shadow flicker.[6]
 
[1] Public Health Agency of Canada http://www.phac-aspc.gc.ca/ncd-jne/bck-info-un-eng.php
[2] Office of the High Commissioner for Human Rights http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx
[3] https://www.wind-watch.org/news/2013/04/02/autistic-children-cannot-live-near-wind-turbine-projects/
[4] http://www.asha.org/Publications/leader/2010/100427/Behavioral-Hearing-Assessment-Children-Autism.htm
[5] http://bmb.oxfordjournals.org/content/68/1/243.full.pdf
[6] http://www.na-paw.org/pr-120128.php

Part 4 of 6 Environmental pollution, Parents and children, are informed

 
Canada played an instrumental role in drafting and promoting the United Nations Convention on the Rights of the Child. The Convention outlines the responsibilities governments have to ensure a child’s right to survival, healthy development, protection and participation in all matters that affect them. The four general principles of the Convention are: non-discrimination, the best interests of the child, the right to life, survival and development, and respect for the views of the child. [1] Public Health Agency of Canada Convention on the Rights of the Child [2]
 

Article 24

1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health
2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures:
(c) … taking into consideration the dangers and risks of environmental pollution;
(e) To ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of child health

 
 
Environmental pollution, Parents and children, are informed
(dangers from wind turbines near homes and schools)
 
– The Ontario Provincial government and the Canadian Federal government do not inform those living, playing or working near industrial wind turbines of the possible dangers associated with operations of the turbines. The Ontario 400m to 550m setback is from residences. [3] There is no established setback from property lines, roads, or in the case of leased land, no setback for employees or children on that property.
– The Ontario Ministry of Environment has repeatedly failed to adequately regulate, monitor and enforce emissions from industrial wind turbines. [4] [5] [6] [7]
– The Canadian Federal government regulates and defines “radiation” as either electromagnetic or acoustic. And governs this under the Radiation Emitting Devices Act [8]. The Canadian Federal government does not regulate of even inform Ontario citizens of the possible risks associated with industrial wind turbine operation.
H.A.R.M. 20 or more families suffering health effects. Christine and Joe and their 3 children under the age of 7 live on a hobby farm in the wind project. They have been noticing changes in their health for 4 years. Both adults are affected and 1 of their 3 children has demonstrated health impact to date. This child is always tired, irritable and complains on a regular basis, “my head hurts, my tummy hurts”.[9]
H.A.R.M. 20 or more families suffering health effects.  Jessie reports that since the Cruikshank’s turbines started up she is tired all the time, and never feels rested and relaxed. Her husband Dave, who never before had headaches, now has them frequently. Their teenage son and daughter are constantly tired and have headaches which go away when they leave home for periods of time. …she cannot enjoy her property, including gardening and other recreational pursuits on her land. Her rights to health, well-being, and pleasure in her property have been taken away. [9]
H.A.R.M. 20 or more families suffering health effects. This small farm family, comprising two adults and two children, has sustained health impact since the start of the installation. They no longer live in their home. They no longer own a home. They are living in a rental property in town. Their children cannot run and play as they once did.[9][1] Public health Agency of Canada http://www.phac-aspc.gc.ca/ncd-jne/bck-info-un-eng.php
[2] Office of the High Commissioner for Human Rights http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx
[3] http://www.ene.gov.on.ca/environment/en/subject/wind_energy/index.htm
[4] http://ontario-wind-resistance.org/setbacks/
[5] http://windvictimsontario.com/analysis-of-low-frequency-and-infrasound-at-the-shirley-wind-farm.html
[6] http://windvictimsontario.com/industrial-wind-turbines-shatter-environmental-guidelines.html
[7] http://windvictimsontario.com/provincial-ministry-response-to-noise-complaints.html
[8] http://laws-lois.justice.gc.ca/PDF/R-1.pdf
[9] http://windvictimsontario.com/harm-20-or-more-families-suffering-health-effects.html

Part 5 of 6 Fullest Potential

 
Canada played an instrumental role in drafting and promoting the United Nations Convention on the Rights of the Child. The Convention outlines the responsibilities governments have to ensure a child’s right to survival, healthy development, protection and participation in all matters that affect them. The four general principles of the Convention are: non-discrimination, the best interests of the child, the right to life, survival and development, and respect for the views of the child. [1] Public Health Agency of CanadaConvention on the Rights of the Child [2]

Article 29

1. States Parties agree that the education of the child shall be directed to:
(a) The development of the child’s personality, talents and mental and physical abilities to their fullest potential;
 
Fullest potential
– Research linking loud sounds to hearing loss in youngsters is now widespread, resulting in the issuance of warnings to protect children’s hearing. However, studies attesting to the adverse effects of intrusive sounds and noise on children’s overall mental and physical health and well-being have not received similar attention. This, despite the fact that many studies have demonstrated that intrusive noises such as those from passing road traffic, nearby rail systems, and overhead aircraft can adversely affect children’s cardiovascular system, memory, language development and learning acquisition.[3]- Furthermore, based on our knowledge of the harmful effects of noise on children’s health and the growing body of evidence to suggest the potential harmful effects of industrial wind turbine noise, it is strongly urged that further studies be conducted on the impacts of industrial wind turbines on their health, as well as the health of their parents, before forging ahead in sighting industrial wind turbines.[3]- The report concludes that exposure to ambient noise was found to be linked to small decrements in children’s mental health and poorer classroom behaviour. This link was stronger in children with early biological risk. [4]- “During exposure, young Justin, a healthy 2½-year-old, pulled on his ears and got cranky at the same times that adults in the family noticed more headache and tinnitus. His language development was good before, during, and after exposure, but his mother noticed during exposure that the child began to confuse T with K sounds and W with L sounds, which he had not done before. This sound confusion was ongoing six weeks after exposure ended, when I interviewed the parents.”[1] Public health Agency of Canada http://www.phac-aspc.gc.ca/ncd-jne/bck-info-un-eng.php
[2] Office of the High Commissioner for Human Rights http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx
[3]http://windvictimsontario.com/uploads/3/1/4/3/3143767/bronzaft_children_and_noise_wind_turbines.pdf
[4] http://www.documents.hps.scot.nhs.uk/ewr/pdf2002/0229.pdf
http://oem.bmjjournals.com/cgi/content/abstract/59/6/380
[5] Wind Turbine Syndrome & the Brain Nina Pierpont, MD, PhD

Part 6 of 6 The Right to Rest and Leisure

 
Canada played an instrumental role in drafting and promoting the United Nations Convention on the Rights of the Child. The Convention outlines the responsibilities governments have to ensure a child’s right to survival, healthy development, protection and participation in all matters that affect them. The four general principles of the Convention are: non-discrimination, the best interests of the child, the right to life, survival and development, and respect for the views of the child. [1] Public Health Agency of Canada Convention on the Rights of the Child [2]

Article 31

1. States Parties recognize the right of the child to rest and leisure,
 
The Right to Rest and Leisure
 
For years, people have been suffering the detrimental effects from wind turbines that are operating too close to homes and schools. “Living with turbines for almost 5 years, we have become used to the lack of sleep and all of the side effects that go along with it. We live within 700m of two turbines, there are 6-8 within 1 km and at least 12 within 2 kms. Yesterday was report card day and my eldest son’s report card broke my heart. It started with a glowing report “… is a very responsible student in every area within th school. He walks in the hallways in the manner that is expected, demonstrating to others what a responsible student looks like. He works hard to ensure …” but my heart broke when I read “…should continue to put his best effort forth in paying close attention to the teacher and his classmates when they speak, rather than resting his head on his desk surface.” My son complains often that he has a hard time at school because he is so tired all the time, and when I asked him how he handled it he said he tried to close his eyes on his desk from time to time, but it really hit home when it was there in black and white on the report card.[3]

6.3 Sleep disruption [excerpts are not intended to be exhaustive] Sleep deprivation associated with the operation of industrial wind facilities has been documented… Chronic sleep deprivation can lead to extreme fatigue, cognitive dysfunction and inability to concentrate and learn, depression, anxiety, increased risk of cardiovascular problems, and emotional responses such as fear, anguish and humiliation. 40 , 41 [4]

– Sleep Disturbance and Wind Turbines “Sleep is an essential part of healthy life and is recognized as a fundamental right under the European Convention on Human Rights (European Court of Human Rights, 2003).”[1] “Some people with wind turbines located close to their homes have reported a variety of clinical symptoms that in rare cases are severe enough to force them to move away. These symptoms include sleep disturbance…” [2]

The American Wind Energy Association and Canadian Wind Energy Association sponsored literature review entitled “Wind Turbine Sound and Health Effects” acknowledges wind turbine noise, including low frequency noise, may cause annoyance, stress and sleep disturbance and as a result people may experience adverse physiological and psychological symptoms. [3]

Wind turbine induced sleep disturbance is consistently reported by those experiencing adverse health effects from exposure to wind turbines. [4][5][6][7]

“The recent analyses of the WINDFARMPerception and earlier Swedish studies by Pedersen and her colleagues gives, for the first time, robust evidence that wind turbines cause sleep disturbance and impair health and that this occurs at set-back distances previously regarded as adequate…Unfortunately all government and industry sponsored research in this area has used reported awakenings from sleep as an index of the effects of turbine noise and dismisses the subjective symptoms. Because most of the sleep disturbance is not recalled, this approach seriously underestimates the effects of wind turbine noise on sleep.” [8] [5]

[1] Public health Agency of Canada http://www.phac-aspc.gc.ca/ncd-jne/bck-info-un-eng.php
[2] Office of the High Commissioner for Human Rights http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx
[3] Ill Wind reporting website. https://www.illwind.org/reports/view/441
[4] Submission Health Canada Wind Turbine Noise and Health Studyhttp://windvictimsontario.com/preliminary-submission—health-canada-noise-and-health-study.html
[5] The Society for Wind Vigilance http://www.windvigilance.com/about-adverse-health-effects/sleep-disturbance-and-wind-turbines

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