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Difference between revisions of "Rights of the Child (6:VI)"

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{{REVIEWED LSLAP | date= June 18, 2021}}
{{REVIEWED LSLAP | date= June 18, 2022}}
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Under section 12 of the ''[https://www2.gov.bc.ca/assets/gov/education/administration/legislation-policy/legislation/schoollaw/revisedstatutescontents.pdf School Act]'', parents are authorized to educate their children at home or elsewhere provided they register their children pursuant to section 13.  
Under section 12 of the ''[https://www2.gov.bc.ca/assets/gov/education/administration/legislation-policy/legislation/schoollaw/revisedstatutescontents.pdf School Act]'', parents are authorized to educate their children at home or elsewhere provided they register their children pursuant to section 13.  


=== 2. Discipline ===
=== 2. Discipline ===
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School boards have a duty to provide an educational environment that is free from discriminatory harassment. This rule was affirmed by the Supreme Court of Canada on October 20, 2005, when it dismissed an application for leave to appeal from a BC Human Rights Tribunal finding of discrimination against a BC school board relating to the homophobic harassment of one of its students (see ''[https://decisions.scc-csc.ca/scc-csc/scc-l-csc-a/en/item/12398/index.do North Vancouver School District No 44 v Jubran]'', [2005] SCCA No 260 and [https://www.canlii.org/en/bc/bcca/doc/2005/2005bcca201/2005bcca201.html North Vancouver School District No 44 v Jubran], 2005 BCCA 201 at paras 91–102). Note that while the student was found to have been discriminated against on the basis of sexual orientation, it was irrelevant whether he identified himself as homosexual, or whether his harassers knew or believed him to be homosexual.
School boards have a duty to provide an educational environment that is free from discriminatory harassment. This rule was affirmed by the Supreme Court of Canada on October 20, 2005, when it dismissed an application for leave to appeal from a BC Human Rights Tribunal finding of discrimination against a BC school board relating to the homophobic harassment of one of its students (see ''[https://decisions.scc-csc.ca/scc-csc/scc-l-csc-a/en/item/12398/index.do North Vancouver School District No 44 v Jubran]'', [2005] SCCA No 260 and [https://www.canlii.org/en/bc/bcca/doc/2005/2005bcca201/2005bcca201.html North Vancouver School District No 44 v Jubran], 2005 BCCA 201 at paras 91–102). Note that while the student was found to have been discriminated against on the basis of sexual orientation, it was irrelevant whether he identified himself as homosexual, or whether his harassers knew or believed him to be homosexual.


== B. Medical Attention ==
== B. Medical Attention ==
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A court of competent jurisdiction may order medical treatment for any child if the court is satisfied that such treatment is required, and that parental consent is being unreasonably withheld. This is part of the inherent ''parens patriae'' (guardian of persons under a legal disability) jurisdiction of the Supreme Court and is now codified under section 29 of the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96046_01 CFCSA].
A court of competent jurisdiction may order medical treatment for any child if the court is satisfied that such treatment is required, and that parental consent is being unreasonably withheld. This is part of the inherent ''parens patriae'' (guardian of persons under a legal disability) jurisdiction of the Supreme Court and is now codified under section 29 of the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96046_01 CFCSA].


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