A Girl`s Guide to Knowing Her Rights.
Transcription
A Girl`s Guide to Knowing Her Rights.
Get involved As part of YWCA Canada’s commitment to violence prevention initiatives for girls and young women, Power of Being a GirlTM is a signature leadership conference for girls ages 12-17 hosted during the Week Without ViolenceTM. To find a Power of Being a Girl event in your community visit www.weekwithoutviolence.ca Each year during the third week of October, Canadians bond with people in over 90 countries around the world to mark YWCA Week Without ViolenceTM, a week-long series of community events promoting diverse approaches to creating a violence-free world. Rally your friends, connect with your school and invest in your community. Take part and stop violence before it starts at www.weekwithoutviolence.ca Connect with friends at a YWCA Member Association in your area or join the YWCA GirlSpace online community for tween and teen girls focusing on personal achievement and building self esteem. Check out our web forums, blog, post your photos, take a quiz, chat with friends and upload events to our online calendar. Best of all, meet other girls in YWCA GirlSpace programs across Canada at www.ywcagirlspace.ca The Rose Campaign The Rose Campaign to End Violence Against Women & Girls is a national advocacy campaign commemorating the 14 women murdered on Dec. 6, 1989, calling for national action on violence against women and promoting strategies to stop violence in our communities. Find out how you can become involved at www.rosecampaign.ca www.ywcacanada.ca A Girl’s Guide to Knowing Her Rights. Legal research and writing: Pamela Cross Illustrations: Willow Dawson Design: Christine Whitton Editor: Corinne Rusch-Drutz Production: RedGap Communications Special thanks: Ambar Aleman, Lillia Dhamani, Laura Pizzale, Amélie Roy, Laura Tilley and the staff and participants at YWCA Hamilton, YWCA Kitchener-Waterloo and YWCA Montreal. Notice of liability This booklet is designed to give girls in Canada information about their rights and responsibilities as they relate to safety. While every precaution has been taken in preparing this booklet, neither the writer, researchers, designer, illustrator nor YWCA Canada shall have any liability to any person or entity with respect to loss or damage caused or alleged to be caused directly or indirectly by the content of the booklet. YWCA Canada does not give legal advice. If you have a legal problem, see a lawyer or a community legal clinic. About YWCA Canada YWCA Canada is the country’s oldest and largest women’s multiservice organization. With 33 Member Associations operating in more than 400 districts and communities across the country, our Turning Point Programs for WomenTM - which address personal safety, economic security and well-being – reach out to 1 million women and girls in nine provinces and one territory. YWCA is the largest national provider of shelter to women, serving 25,000 women, children and teen girls including 6,000 fleeing domestic violence each year. We are the largest provider of literacy, life skills, employment and counselling programs in the country, and the second largest provider of childcare services. For more information about YWCA Canada and our Member Associations, visit www.ywcacanada.ca. This project is funded by the Government of Canada’s Social Development Partnerships Program. The opinions and interpretations in this publication are those of the author and do not necessarily reflect those of the Government of Canada. contents 1 Introduction 2 At Home 3 At School 4 Social Networking 5 Bullying 6 Dating 7 Stalking 8 Assault 9 Health page 4 8 12 19 24 26 32 36 44 Important Ages 50 Resources 54 1 introduction What are rights and responsibilities? Knowing about your rights and responsibilities is an important part of being able to keep yourself safe at home, at school and in your community. There are different kinds of rights and responsibilities. Some are set out in laws (for example, criminal laws, human rights laws) and others in rules (for example, your school has rules, your parents may have rules). As well, often communities of people may have their own rules or values that they use to set standards for their behaviour (for example, religious or cultural values or rules). Formal laws have more power than any other set of rules, but these other sets of rules may be more important to you depending on what situation you are in at a particular time. For example, when you are at school, the school rules will have more of an impact on you than formal laws. People in Canada have a number of legal rights that are set out in the Charter of Rights and Freedoms. These include the right to equal treatment regardless of your race, national or ethnic origin, colour, religion, sex, age or physical or mental disability. You have the right not to be abused or hurt by another person. You have the right to have whatever friends you want, to hang out with other people, to have whatever religious or political beliefs you want and to express your opinions and beliefs. You also have responsibilities, including the responsibility to behave in a way that is respectful of other people and their rights. page 4 Even if you don’t know about a law or a responsibility, you can get in trouble for not following it. Even though it is not written down in a law, you have the right to be listened to and believed and to be treated with respect by others, no matter who you are, how old you are, what the colour of your skin is, whether you are a girl or a boy. Many of us, especially young people, are not aware of our rights and responsibilities. Often, we get information about our rights from places or people that may be unreliable or unaware of the law, like television, movies, the Internet or friends and family. This ‘zine has been prepared to help you learn about some of the rights that are especially important to girls and young women. We hope that once you know more about your rights, you will have more confidence in making your own decisions. It is also important to understand that you may find your rights ignored or not respected. Unfortunately, there is not always a fair outcome when a law or rule is broken. Deciding what to do when you are treated unfairly can be difficult. You may not always choose to assert your rights, and that is fine. What matters is to know what your rights are, and then you can decide when you do and don’t want to speak up about them. In Canada, we enjoy many rights and freedoms. Because some of them change from time to time, this ‘zine does not promise to be perfect or to include every right you might be interested in. For that reason, we have included a resource section at the end of the ‘zine so you can know where to look for more information about your rights. Safety Everyone wants to be and feel safe. It is easier to keep yourself safe when you know about your rights and the page 5 law. However, you will still have to deal with people who don’t care about your rights or who may want to hurt you in some way. You can only control your own behaviour and actions. This means, unfortunately, that you have to watch out for yourself, and sometimes you may have to make changes to how you live your life in order to be safe. This may not seem fair, because it isn’t! You are not the person doing anything wrong. However, since you cannot control what other people do, sometimes the only way to be and feel safe is for you to change what you do, even if that is inconvenient or seems unfair. Throughout this ‘zine, you will find ideas for keeping yourself safe. They are suggestions, not rules. Not all of them are appropriate for everyone. You might not want to follow some of them. That’s okay. Remember that, no matter what, you are not to blame if someone else is violent or abusive towards you or disrespects your rights in any way. Parents Lots of girls and young women have close relationships with their parents. If this is your situation, we encourage you to share this ‘zine with them and to talk about the issues in it together. It can be helpful when trying to make difficult decisions to have the opinions of people who have had more experience and who have your best interests at heart. If that is not an option for you, perhaps you can find another older person with whom you can talk through difficult issues – a counselor, group leader, coach, religious leader, an aunt or uncle or older cousin. You should trust your gut instincts about who feels safe and comfortable for you to share private information and talk about difficult questions. page 6 2 At Home Can my parents yell at me? A parent cannot: Yes. In all kinds of relationships there is likely to be disagreement at some point. However, when someone who who has power over another person (for example a parent over a child) yells at or insults that person regularly, that may be verbal abuse, especially if it makes that person feel bad about themself. This is not against the criminal law, but it may be something that the children’s aid society would investigate. • hit or spank a child who is under 2 or over 12 years Check out the section called “Important Ages” for information about reporting child abuse to the children’s aid society. • use physical force on a child with disabilities of age • use any object – for example, a belt or a hairbrush – to hit a child • hit a child on the head • hit or spank a child hard enough to cause a physical injury Can my parents ground me? Even if a parent is not going to face criminal charges for hitting or spanking a child, the child protection authority could still become involved if there were concerns that the hitting or spanking is child abuse. Parents are allowed to make rules about how they expect their children to behave as long as the kids are living at home and the parents are responsible for them. You have the right not to be hit by your parents. Can my parents hit me? It is against the law for people to hit other people. This is called assault. When someone hits another person, they can be arrested by the police and charged with a criminal offence. However, the criminal law says parents can hit or spank their children to discipline them. They cannot hit their child because they are angry or frustrated or in a way that is degrading to the child. There is no definition of “degrading” in the law, but one example would be hitting a child in front of her friends or in public. page 8 If your father, mother, step-father or step-mother hits you, you can talk to another adult you trust, for instance a counselor or teacher at school, a coach, a program leader or a religious leader. If you are worried about your safety (or the safety of someone else), you can call the police or the children’s aid society to ask for help. Can my parents kick me out? Parents are expected to care and provide for their children until the children reach the ages in the chart about reporting child abuse. If your parents abuse you or if they say you cannot live at home anymore, the best thing for you to do is page 9 talk to another adult you trust (a school teacher or counselor, a group leader, a religious leader, a coach), who may be able to help you make a plan. Depending on your age, the children’s aid society may become involved and may place you with another relative, friend of the family or in foster care. Safety at home: If you have concerns for your safety at home, you might want to: • keep a spare set of clothes and a bit of money at a friend’s house • keep any important documents and possessions (for Can I move out? Children and young people are expected to stay living with their parents until they reach at least the ages in the chart. If you move out, your parents may no longer be responsible for supporting you financially. If your parents have split up and one of your parents is paying child support, they may not have to keep paying this money. You may be able to receive social assistance (welfare) if you move out on your own. In most parts of the country, people do not qualify to apply for social assistance until they have reached what is called the “age of majority” (check the section called “Important Ages” to see what the age of majority is in your province). However, in some provinces and territories, you may be able to receive social assistance if you are younger than this if the social assistance agency believes you have a good reason not to be able to live at home; for example, if your parents were abusing you or refusing to allow you to live at home. example, a bus pass, birth certificate, health card, cell phone) in a backpack that you can grab quickly if you need to • know where all the phones in your house are • have a “safe room” in the house where you can go and be away from whoever is hurting you (for example, a room with a lock on the door) • have a plan for how to get out of your house quickly if you have to and know where you will go • know how to describe your location to the police if you have to call them for help You have the right to live somewhere that is safe for you. If your parents or someone else in the family or house are abusing you or if your father is abusing your mother, you should speak to an adult you trust. That person can give you support and help you think about what to do. For this to happen, you would have to tell the social worker about your situation. The social worker would probably talk to your parents and then make a decision about whether or not you should get social assistance. page 10 page 11 3 At school You have the right to be safe at school, just like you do at home and in the community. No one – principal, teachers, counselors, coaches, school bus drivers, other staff or other students – is allowed to hurt or bully you in the classroom, the hallway, the schoolyard, anywhere else on school property, on the school bus or while you are involved in school activities, wherever you may be. Many schools now have “zero tolerance” policies. These were created for a good reason – to keep schools free from violence and safe for everyone – but they do not always work effectively. This is because only some kinds of violence – mostly physical - are addressed and other kinds of violence – like bullying – are often ignored. Also, in many cases, violence that happens to a person because of their sex or sexual orientation is not always treated as seriously as it should be and is sometimes even ignored completely. Students of colour often find they are centred out and treated more severely under zero tolerance policies than are other students. You may want to find out exactly how your school’s zero tolerance policy works. If you don’t like it, you might want to get involved trying to make it work better. Do I have to go to school? Yes. Children and young people in Canada must attend school between certain ages. This age is slightly different from province to province. You can check out the ages where you live by looking in our “Important Ages” section. page 12 Can my teacher hit me? It is against the law for people to hit other people. This is called assault. When someone hits another person, they can be arrested by the police and charged with a criminal offence. However, according to the law, teachers, like parents, are allowed to hit or spank students if it is for the purpose of discipline. They cannot hit a student because they are angry or frustrated or in a way that is degrading. There is no definition of “degrading” in the law, but one example would be hitting a student in front of the class. A teacher cannot: • hit or spank a student over 12 years of age • use any object – for example, a ruler or book – to hit a student • hit a student on the head • hit or spank a student hard enough to cause a physical injury • use physical force on a student with disabilities Even if a teacher is not going to face criminal charges for hitting or spanking a student, the school board might become involved in disciplining them. You have the right not to be hit by your teacher. If your teacher hits you, you should talk to another adult you trust. If you are worried about your safety (or the safety of a friend), you can call the police or the children’s aid society to ask for help. page 13 Can my teacher yell at me? A teacher can yell if it is the only way to get your attention; for example if everyone in the class is talking loudly and the teacher cannot be heard without raising their voice. most expect students to behave responsibly and cooperatively while at school and school-related events, to treat others and their property with respect, to participate fully in the education program and to follow the school rules. Teachers have to be careful not to abuse the power they have over students. One kind of power abuse would be verbal abuse, for example, putting a student down or insulting them in front of the class. Students who do not follow the code of conduct or rules may be disciplined. This could include being given detentions, having privileges (like playing on a sports team or going on a field trip) taken away or, in more serious cases, being suspended or expelled. What are my rights if I am suspended or expelled? What is the role of religion at school? Each province and territory has school boards that make many of the rules about how schools operate. In larger provinces, there are many school boards, each with responsibility for a specific geographic area. There are different school boards for public (non-religious) and separate (Roman Catholic) schools and, in some parts of the country, for French, English and Aboriginal schools. Private schools operate independently and have their own governing systems and rules. School boards make the rules about suspension and expulsion, so they are different in different places. However, generally, students and/or their parents have the right to appeal a suspension or expulsion to the school board. You can find out about the exact procedure in your school district by asking your principal, by calling your school board office or by looking at the website for your school board. Do I have to follow the school rules? Most school boards and schools have codes of conduct for students. These are different in different places, but page 14 There is lots of debate and discussion about the relationship between religion and school. Public schools are secular, which means non-religious. In these schools, you have the right not to participate in religious activities if you don’t want to. For example, if you do not want to sing the national anthem because it refers to God or if your school uses a prayer at the beginning of the day that you are uncomfortable with, you may ask to be excused. You may find that your teacher or principal is not respectful of your request and that it is just easier to stay in the classroom and not participate. Or you may have a teacher or principal who is very respectful and provides you with an alternative activity. Even though public schools are non-religious, everyone has the right to freedom of religious expression. This means that you can wear religious clothing (for example, a Star of David, a crucifix, a head covering) for all school activities, including sports, if you wish. You can also talk about your religious beliefs at school, as long as you do so in a way that is respectful of other people’s beliefs or non-beliefs and that does not interfere with the regular teaching in the classroom. page 15 Even though public schools in Canada are not supposed to recognize one religion more than another, they do follow Canadian statutory holidays, many of which are based on Christian festivals and events (for example, Christmas and Easter). If you follow a different religion that has different festivals and holidays (for example, Kwanza, Yom Kipper, Ramadan), you have the right to miss these days of school without any penalty. Can other people go through my locker or search my backpack without my permission? A school principal is required to maintain order, discipline and safety in the school. They also must respect the right of students to privacy. Fine then. You smell like pot. I’d like to see inside your locker. This can create a conflict if the principal thinks you have something (for example, a weapon or drugs) that could interfere with safety or order in your locker or backpack. Generally, no one can look through your stuff just in case you might have something illegal. You must give permission before your locker, backpack or other possessions can be searched. If you do give permission, and the principal or police find something illegal, you can be charged. Even if what they find is not illegal, but it is against the school rules, you might be suspended or punished in some other way by the school. You won’t find anything. I don’t have to... If you’ve got nothing to hide... Even if you have not given permission but they search your locker anyway and find something illegal, you could be charged. It would be very important for you to get a lawyer and to tell them that you did not consent to the search. This could help get the charge against you thrown out of court. There are some circumstances in which your stuff can be searched without your permission. If the principal or police have strong reason to believe that there is told you there was nothing in there! page 16 something illegal, especially if it is weapons or drugs, in your locker or backpack, they can search it whether or not you give permission. Do my parents have the right to know what is going on with me at school? Your parents are expected to support you with your schooling by providing you with a safe home environment and other assistance to help you be a good student and by keeping themselves informed about what is going on at school. Generally, parents have the right to be kept informed about your attendance, behaviour and progress at school while you are under the minimum school-leaving age. This means they can see your report card. In fact, parents often have to sign their children’s report cards or course selection forms so the teacher knows they are aware of what is going on. They will be told by the school if you are absent or if you are disciplined, suspended or expelled. If you stay in school after the minimum school-leaving age, this information can only be shared with your parents with your permission. If this is your situation, and you do not want the school talking to your parents, you should tell the principal just to make sure your privacy is protected. 4 social networking The Internet, Facebook®, Twitter®, Flickr®, YouTube®, blogs and other apps have become very popular ways for young people to communicate with one another, share stories, photos, videos and music and keep up with what is going on. While these sites are a fun way to connect with friends and share files, using these applications raises significant privacy issues, and it is important to think about the long-term implications and consequences of what you do now. You should be very mindful of your privacy whenever you use sites like these – while having lots of “virtual” friends can be great, you want to be sure you protect your privacy as much as possible. What seems like fun during an evening of fooling around with friends does not always seem like so much fun a few days later if private pictures or stories make their way onto a public site. It may seem like even less fun if those pictures or stories show up years later when a potential employer does a “google” search on your name. Always remember that these sites are businesses. Their primary objective is to make money, not to look out for your well-being. Before you sign on to Facebook®, Twitter®, Flickr® or YouTube®, make sure you read the Terms of Use, Code of Conduct and Privacy Policy carefully. This means reading the small print too. If there is anything you do not understand or that makes you uncomfortable, check with someone you trust who understands Internet technology before deciding to sign on. page 18 page 19 People under 13 cannot legally have accounts with these sites. This is quite an Most file sharing/2.0 sites have codes of conduct that prohibit: impressive resumé. • using the site for illegal activity • using the site to intimidate, harass or stalk someone • posting anything that is threatening, abusive, harassing, obscene, hateful, racist or offensive for any other reason If your use of the site does not follow the code of conduct, the company can end your access to it at any time. Nata I’m sure lie G reen you’ll be hearing from us. You are responsible for anything you post. For Res ults example, if you post something that is Illegal, it is you, not the site, that can get in trouble. reen : b Na This is information that the company will keep forever. Be careful what you choose to share. What you put out there will stay out there. Thanks. I certainly lie G Ugh, hardly Smith & Smith Photos Home material... Info Profile Friends Anything you post or share with your friends can be passed on by them, which means it can become publicly available. Aw e s o Ph entr al s ree ults for n hope so. Wall eak otos Hig ta h Adv lie Gr e entu res en’s P of a a r die- ty Bl Sho og hard w part Nat more R y gir a l. e archived by the company indefinitely. page 20 ie G Bec ook | om N Pok e Nat atali a e eN atali lie’s frie Gree e V n n Nat iew d Wr it Nat a alie e on N Spr lie Gre ’s pho atalie ing en’s ’s w tos Br C Most of these sites require you to provide a great deal of personal information to create an account. For these reasons, it is very important to think carefully before posting anything personal on one of these sites. atal ace How can I protect my privacy? You own the content that you post, but the company has what is called a licence to use it in any way it wants, as long as it remains posted. This means that something you post could end up being used by the company in a way that you did not intend. When you remove your content, this licence ends, but the content can remain for N me pa rty LO L Way c ool ke gger, u pass ed ou Same t! time n ext we ek?!?!? ! c u th ere all All these sites have privacy settings. You should use these to maintain as much privacy for yourself as possible. You want to be the one who controls who has access to information about you. What can I do if someone posts information/pictures about me without my permission? The first thing to do is to contact the customer support centre for the site. Information about how to do this appears on the site in the Terms of Use section. All sites have links so that you can report any abuse or misuse of the site. If you know who has posted the information/pictures and if it is safe, you could talk to them and ask them to take the posting down. If the information posted about you was very serious, you might be able to take legal action against the person who posted it. This would only be possible in extremely serious situations. You should talk to an adult you trust if you have concerns about something posted about you on the Internet, because that person may be able to help you figure out what to do. You should not agree to meet someone in person by yourself when you have only known them on a site or through the Internet. If you are meeting someone, you should take a friend with you and make sure you meet in a public place, with other people around. You should not give out information about where you live, go to school or work. If someone is harassing or stalking you on a site, do not respond in any way. Even though it seems unfair because you have not done anything wrong, the safest thing to do is to stop using the site. You can also contact the company to let them know what is happening, and talk to an adult you trust right away. Make sure your friends know what is happening and ask them not to communicate with the person who is harassing or stalking you. You have the right to use social networking sites and be safe. Think ahead when posting and sharing information or pictures and don’t share private information with people you don’t know. How can I make sure I am safe using the Internet? Keeping yourself safe online is important. Most of these social networking sites have information on how to keep safe that you can find in the Terms of Use section. People are not always who they say they are, so you should be very careful before providing any personal information. page 22 page 23 5 bullying There are lots of ways people can mistreat other people. Some of these are against the law and others are against school, workplace and other rules or codes of conduct. Bullying is a kind of harassment. It is any action or language by one person that is meant to hurt – physically or emotionally – another. Some kinds of bullying are against the law. For example: • vandalizing someone’s property like a backpack, iPod, laptop, cellphone, skateboard or bike • pushing, shoving, punching or kicking someone • threatening to harm someone, their family or friends or their stuff • making repeated unwanted phone calls or sending email messages or text messages that are not wanted Other kinds of bullying may not be against the law, but they still frighten or put down the victim. For example: • calling the person insulting names or teasing or mocking them • using abusive language • spreading bad gossip or rumours in person, by text messaging or posting on a website Knowing what to do when you are being bullied can be hard. Remember — you are not to blame for the bullying. Here are a few suggestions of things you can do that might make the bullying stop or make you feel safer: • if the bully’s behaviour is against the law (for example, they hit you), you could call the police, who may charge them with assault. See the section on assault below for more information about this page 24 • tell friends what is going on and ask for their support and help. Maybe together you can convince the bully to stop • set up a buddy system so you always have someone with you when you think the bully might be around • even though it might be hard to do, you can try to act brave and walk away. If the bully does not get the response they want, they might stop bothering you • if you are worried about your safety, tell an adult, who may be able to help you make a plan to be safe • depending on the situation, you could talk to the bully yourself. Tell them firmly that you want them to stop what they are doing, and then walk away • if you know someone who is being bullied, you can let that person know that you are there to help if they want you to • never become a bully yourself, even in response to a bully. That just escalates the level of the bullying and could make the situation more dangerous You have the right to be and feel safe wherever you are. If you are being bullied and don’t feel safe, the best thing you can do is to ignore the bully and walk away as quickly as you can. Try to find a group of people you can join. page 25 6 dating I’m kinda nervous to meet Mom, Dad, your parents. this is Justin. Can I date anyone I want? There are no laws that say who you can or cannot date, but your parents, your culture or your religion may have rules, traditions or expectations about dating. For example, they may say you cannot start dating until you are a certain age or that you can only date someone from your community. Nah, it’ll be fine. As long as you live at home, you will have to find a way to negotiate any conflicts about dating with your parents. If they try to stop you from dating someone, you could ask them to explain their reasons and then think about how you can respond. Perhaps they just need to meet your date a few times to feel more comfortable about him/her. If your parents don’t want you to date someone because they are not from your community, perhaps you can find a community leader to help you talk with your parents about this. It can be difficult for parents, especially if they are new to Canada, to relate to Canadian dating practices, which are much more relaxed than in many other parts of the world. Er, Justin, hello... What about sex? No one has to have sex. This is your choice to make. If someone forces you to have sex, they have committed a sexual assault. You will make your decisions about if and when you want to be sexual with another person based on your personal values system. You may also rely on your family/religious/ cultural belief system. What a page 26 surprise. It is always okay to say NO to sex. If you want to have sex, there are some laws about how old you have to be and who you can have sex with. How old do I have to be to have sex? In Canada, you must be at least 16 years old to consent to have sex with someone else. There is an exception to this: if you are 14 or 15 years old and the person you want to have sex with is less than 5 years older than you and is not someone who has power or authority over you, then you can consent. If you are 12 or 13 years old, you can consent to have sex with someone who is no more than 2 years older than you, if they are not in a position of power or authority over you. Someone in power and authority would include a babysitter, an older relative, a coach, a religious leader, a camp counselor and other people in these kinds of positions. Can I have sex with people in my family? According to the law, you can have sex with anyone who is legally able to consent to have sex – in other words, if they are old enough and have the mental ability to understand what they are agreeing to – unless that person is your brother or sister, parent or grandparent by birth or adoption. There may be other people - such as cousins, aunts, uncles, nieces or nephews – that you or your community think it is inappropriate for you to have sex with, even if it would not be illegal. It would not be legal for you to have sex with your stepmother or stepfather in most circumstances because of the age difference and because they are in a position of power and authority over you. page 28 Can my parents stop me from having sex? If your parents are not happy with the fact that you are sexually active or don’t approve of the person you are having sex with, they could try to stop you. If you live at home, they could punish you, give you a curfew, forbid you from seeing the person or kick you out. If you don’t live at home, they could cut you off from your family or stop providing you with any support. If you are under 16, they could even call the police and try to get them to charge the person you are having sex with. Even if it is not easy, it might be very helpful to find a way to talk to your parents so they understand your feelings and know that you are behaving responsibly and making sure you are safe. What if my parents try to force me to marry someone I don’t want to marry? Forced marriage is not permitted in Canada. If you are under 16 years old, and your parents are trying to force you to marry someone, you should talk to an adult you trust and ask them to help you. If you are afraid that your parents may take you out of Canada to marry someone against your wishes, you should talk to an adult you trust right away. You have the right to make your own safe decisions about dating and your social life. If you and your parents cannot agree, try to find another person who can help you talk about your differences and come to some compromises. page 29 Safety when you are going out Knowing how to be safe and feel safe is very important. There are lots of ways you and your friends can help one another make sure you are as safe as possible, wherever you are. Here are some suggestions. They are not rules. Not all of them are appropriate for everyone. You might not want to follow some of them. That’s okay. Remember – no matter what, you are not to blame if someone else is violent or abusive towards you or disrespects your rights in any way. • If you are traveling in a car, be sure there is a designated driver who you trust to stay sober • Ask your parents if they will agree to come and pick you up, with no questions asked, if you call them in an emergency If you have a cell phone: • Make sure it is charged up and carry it with you when you go out • Have important and emergency numbers preprogrammed into your phone, so you can reach your friends, your parents and a taxi company quickly if you need to General suggestions: • Make sure someone knows where you are going and when you expect to return • Know where you are going and how you can get home or to a friend’s place or public place from there • If you are going somewhere that is not familiar to you, try to go with a friend or friends • Have enough cash with you that you can pay for a cab ride in an emergency • 310-TAXI will connect you to a cab anywhere in Canada If you don’t have a cell phone: • Carry change for a pay phone with you • Know key phone numbers – your parents’ cell phone, a taxi company, your friends • Check out where the phones are when you get to your destination • Watch your drinks when you go out • Agree on a plan with your friends ahead of time for checking in with and watching out for one another • Carry a whistle with you, especially if you are out alone. Even if it feels embarrassing, blow it if you are in an unsafe situation. It will likely scare off anyone who is causing you trouble • Only accept blind date recommendations from someone If you need help: • Use whatever communication tools you have to call for help • Send a text message to a friend asking her to call for help, call a taxi, call your parents, call the police who knows both you and your date page 30 page 31 7 stalking Stalking is a word that is used by different people to mean different things. In this ‘zine, we use it to describe behaviour by one person that makes another person feel uncomfortable or even afraid. There are many ways someone can stalk another person. No matter what the stalking activity is, the person is doing it because they want to have power and control over the other person. Some examples of stalking behaviour are: • calling you on your cell phone over and over and over again • text messaging, especially if the messages are threatening • hanging around outside your classroom, near your locker, your house or where you work • following you and showing up at places you go with your friends • sending you gifts that you don’t want Serious kinds of stalking behavior are illegal. This kind of stalking is called criminal harassment. Unfortunately, there is not a straightforward list of when this happens because it often depends on the circumstances. Generally, it is repeated behaviour that makes you feel afraid. For example, a stranger following you down the street one time may bother or even frighten you, but it is probably not criminal harassment. However, if that person is your former boyfriend and he has told you he page 32 That’s the Mark bought me fourth time in an hour this cell phone so your phone has rung, that we can always please turn it off. be connected. Wow, you’re lucky. is going to follow you around until you agree to get back together with him, it probably is criminal harassment. Stalking behaviour can be hard to identify, even by the person who is being stalked. It sometimes feels friendly or even romantic at first, but after time starts to be annoying and then frightening. Often, people being stalked are too embarrassed to tell anyone. It is important to trust your instincts – if someone’s behaviour is making you feel unsafe or even uncomfortable, you should try to find someone to talk to. Often, women who are being stalked think they can convince their stalker to stop by talking to them. This is almost never successful and, in fact, often leads to more stalking because the stalker thinks they have a chance of getting your attention. The police may be able to charge your stalker. The more information about their activities you have, the easier it will be for the police to decide what to do. You can keep track of what your stalker is doing by keeping notes in a small calendar or on your computer. It is also a good idea to keep any gifts, phone messages, notes, emails or text messages. Safety if you are being stalked: Here are some suggestions for keeping yourself safe if you are being stalked. They are not rules. Not all of them are appropriate for everyone – especially with stalking, how you keep yourself safe will depend on what your stalker is doing. You might not want to follow some of them and that’s okay. Remember — no matter what, you are not to blame if someone else is violent or abusive towards you or disrespects your rights in any way. We know that these suggestions may seem unfair, because they are all things that you need to change about your life. Unfortunately, sometimes that is the only way to get away from a stalker. • change your email address so your stalker won’t be able to send you emails • change your cell phone number so they can’t phone you • change your daily routine so it is harder for them to know when and where to find you • tell your family and friends that you are being stalked so they can watch out for your stalker too • keep track of everything your stalker does and when they do it You have the right to break up with someone and not be stalked. You can ask for help from others, including the police, if you are being stalked and are worried about your safety. • keep anything your stalker sends you – gifts, notes, emails, phone messages – even if all you want to do is throw them away • try to avoid any interaction with your stalker because they may see this as encouragement to continue contacting you page 34 page 35 8 assault Physical and sexual assault are against the law. Anyone who commits either kind of assault can be charged with a criminal offence. A physical assault is when someone touches you physically without your permission, which is also called consent. Consenting means agreeing to do something once you understand what it is you are agreeing to do. If someone is pressuring you to do something, then you are not consenting, even if you do it. For example, it is not consent if you “agree” to let someone hit you because that person threatens to tell a lie about you if you don’t. You do not have to be physically injured for the person to be charged with assault. If you are, the person can be charged with a more serious offence, which is also the case if they use a weapon or threaten you during the assault. about what has happened can help you with these feelings. You can ask an adult or friend you trust for information about counselling and support services. Your telephone book lists crisis phone numbers inside the front cover – you might want to call one of these numbers for support and suggestions about where you can go for help. Check out the resource list at the end of this zine for more info. A sexual assault is when someone touches you in a sexual way without your permission (consent). This can include touching your breasts, your genital area or even other parts of your body if it is done in a sexual way. It also includes oral sex and sexual intercourse/ penetration, if you have not agreed to it. There are also other kinds of sexual activity that are against the law. For example, it is illegal to force someone to watch someone else have sex or to look at pornography. If you have been physically assaulted, the most important thing is to make sure you are safe from more physical harm. You might need to call or text someone for help or to come and get you from wherever you are. Consenting means agreeing to do something once you understand what it is you are agreeing to do. If someone is pressuring you to do something, then you are not consenting, even if you do it. For example, it is not consent if you “agree” to have sex with someone because that person threatens to hurt you if you don’t. If you have been injured physically, you should get to a hospital as quickly as possible. There are some special rules about consenting to sexual activity. Usually, you cannot consent to have You might feel frightened or embarrassed or angry because of being assaulted, and talking to someone else sex with someone unless you are at least 16 years old. However, if you are 14 or 15 years old and the person you want to have sex with is less than 5 years older than you and is not someone who has power or authority over you, then you can consent. If you are 12 or 13 years old, you can consent to have sex with someone who is no more than 2 years older than you, if they are not in a position of power or authority over you. Someone in page 36 page 37 Even if you do not think you have been injured physically, you may want to go to the hospital for a medical examination to make sure. Sometimes injuries like serious bruising or internal bleeding do not show up right away. power and authority would include a babysitter, a relative, a coach, a teacher, a religious leader, a camp counselor and other people in these kinds of positions. I’m not sure... You can consent to sex and then change your mind. Once you stop consenting, the other person is supposed to stop what they are doing. The law says you can so “no” to sex lots of different ways. Of course, the easiest and clearest way is to say no in words, but this is not always easy or possible. We’ve been drinking. Here are some examples of ways you can say no: • “I’m tired.” • “Maybe later.” • “I don’t feel comfortable doing this.” I’m tired. • “I’m not sure.” • “I think I have had too much to drink.” You can say no in many ways Even silence means no according to the law. You can also say no by your body language or by pushing the other person away. If you have said no in any of these ways and the other person refuses to stop, this is sexual assault. Date rape and acquaintance rape are terms used to describe sexual assaults when the two people know each other. They do not have to actually be dating or be on a date when the sexual assault takes place. Most of the time, women know the person who sexually assaults them. It might be a relative, a school friend, a coworker or boss or a boyfriend or ex-boyfriend. page 38 @#%!$# You! The term “date rape drug” is often used to describe a drug that is slipped into your drink to make you not remember what is happening to you. This is a bit misleading, because in many ways alcohol itself is a date rape drug, especially if you do not have much experience drinking alcohol and don’t know how it affects you. A man may use alcohol or drugs so he can sexually assault you without you protesting or remembering what has happened later. If you think you have been given a drug, doctors can check your blood, but only if they test it within a very short time after you have taken it, so you should try to get to the hospital quickly. It is important for you and your friends to pay attention to what you are drinking and to watch your drinks carefully when you go out. If you have been sexually assaulted, the most important thing is to make sure you are safe. If you want to tell the police about your assault – whether it was sexual or physical — you can call them, even if the assault took place a while ago. The police will take a statement from you and collect evidence from you and by talking to the person who assaulted you, if they can find him/her. They will then decide whether or not there is enough evidence for them to lay a charge. If a friend tells you that she has been physically or sexually assaulted, the most important thing is to tell her that you believe her and to ask her what she wants to do. If you know about services in your community, you can tell her about them. A girl or young woman who has been sexually assaulted in particular needs to be believed and to know you do not judge her for what has happened. You have the right to be and to feel safe at home, at school and in the community. If you have been injured physically, you should get to a hospital as quickly as possible. Even if you have not been injured physically, you may want to go to the hospital so you can have a medical examination and be given treatment to protect you against pregnancy and sexually transmitted infections (STIs) or so you can be tested to see if you were given a date rape drug. Whether you have been physically or sexually assaulted, if you want to talk to someone about what has happened to you, you can call a crisis centre. Many hospitals have special sexual assault units to support women who have been sexually assaulted. Many communities have specialized centres for this, too. page 40 You have the right to ask an adult, including the police, for help if you have been assaulted either physically or sexually. You have the right to be safe wherever you are and whatever you are doing. Making a safety plan and talking about safety with your friends is an important part of looking out for yourself. page 41 Safety when you are going out Knowing how to be safe and feel safe is very important. There are lots of ways you and your friends can help one another make sure you are as safe as possible, wherever you are. Here are some suggestions. They are not rules and not all of them are appropriate for everyone. You might not want to follow some of them. That’s okay. • If you are traveling in a car, be sure there is a designated driver who you trust to stay sober • Ask your parents if they will agree to come and pick you up, with no questions asked, if you call them in an emergency If you have a cell phone: • Make sure it is charged up and carry it with you when you go out Remember – no matter what, you are not to blame if someone else is violent or abusive towards you or disrespects your rights in any way. • Have important and emergency numbers preprogrammed into your phone, so you can reach your friends, your parents and a taxi company quickly if you need to • 310-TAXI will connect you to a cab anywhere in Canada General suggestions: • Make sure someone knows where you are going and when you expect to return • Know where you are going and how you can get home or to a friend’s place or public place from there • If you are going somewhere that is not familiar to you, try to go with a friend or friends • Have enough cash with you that you can pay for a cab ride in an emergency If you don’t have a cell phone: • Carry change for a pay phone with you • Know key phone numbers – your parents’ cell phone, a taxi company, your friends • Check out where the phones are when you get to your destination If you need help: • Watch your drinks when you go out • Use whatever tools you have to call for help • Agree on a plan with your friends ahead of time for • Send a text message to a friend asking her to checking in with and watching out for one another • Carry a whistle with you, especially if you are out call for help, call a taxi, call your parents, call the police alone. Even if it feels embarrassing, blow it if you are in an unsafe situation. It will likely scare off anyone who is causing you trouble page 43 page 42 9 health The laws and rules about when young people can make their own medical decisions and when health care professionals (including doctors, nurses, therapists, counselors and pharmacists) are required to give private information to a young person’s parents are quite vague. Generally, if you are 12 to 14 years or older, you can make your own decisions about medical treatment if the health care professional believes you understand the situation and the implications and consequences of the decision you are making. However, doctors and others have a great deal of discretion in deciding whether or not you can make these decisions on your own as long as you are under the age of majority, which is different in different parts of Canada. You can see the age of majority for where you live by looking at the “Important Ages” section. You have the right to privacy in your relationship with your doctor or therapist/counselor, with some exceptions. All medical professionals - including therapists, counselors, doctors, nurses and dentists – are legally required to report to the children’s aid society if they suspect child abuse of any kind: for example, if you are 15 and tell your doctor you want to go on the birth control pill because your 20-year-old boyfriend wants to have sex with you or if you are 14 and tell your counselor that you have been sexually abused. Some doctors may also feel they have an ethical duty to tell your parents if they think you are involved in something unsafe or inappropriate. page 44 It is a good idea for you to ask your doctor or therapist what kind of confidentiality they will offer you before you share any personal information that you would not want your parents to know about. You could also call your local women’s shelter or rape crisis centre for information about which doctors and therapists in your community will work with young women without telling their parents. Becoming sexually active Becoming sexually active is a big decision. Different people are ready to think about this at different times in their lives – there is no one age at which everyone is ready for sexual activity. You need to base your decisions on your own values system and maybe also on your family’s or community’s beliefs, and not be pressured into making a decision that does not feel right to you. This ’zine provides information about some of the many issues you will need to consider if you decide to become sexually active, but does not promote sexual activity. We just want you to have information to help you make your own decisions as well as you can. One of the best sources of information about everything related to sex is the Canadian Federation for Sexual Health, which used to be called Planned Parenthood Canada. You can find information about this organization in our resources section. page 45 Birth control If you decide to become sexually active and don’t want to become pregnant, you will need to practice birth control. There are many kinds of birth control. Some, like the birth control pill or a diaphragm, require you to visit a doctor or a sexual health centre. Others, like condoms or spermicide, you can purchase from a pharmacy without needing to visit a doctor first. The emergency contraception pill (ECP), often called the morning-after pill, is another way to prevent a pregnancy after you have had unprotected sexual contact. You need to take this pill within 5 days of having sex; and the earlier you take it, the better. You do not need a prescription for this pill anywhere in Canada. You can purchase it over the counter in most pharmacies or get it from a sexual health clinic. In some locations, the pharmacist will ask you questions, including your date of birth. Different pharmacists deal with this pill differently – in fact, some do not dispense it at all - depending on their own ethics and values, so it is a good idea to check out the drugstores in your community to find out what their procedures are. The ECP should never be used as a substitute for birth control, but in emergency situations only. Each kind of birth control has advantages and disadvantages. It is important for you to get as much information as you can so that you make a decision that is best for you. In order to ensure your privacy, you may want to use a pharmacy that is not in your neighbourhood or where your family members regularly shop. page 46 We should talk. Sexually transmitted infections (STIs) Ending a pregnancy Practicing safer sex can reduce the likelihood of getting an STI, such as chlamydia, a vaginal infection, gonorrhea, syphilis, hepatitis or HIV . If you decide you do not want to continue with your pregnancy, you will need to have an abortion. Abortion is legal everywhere in Canada, However, it is not easily accessible everywhere. Safer sex practices include engaging in lower risk sexual activities and using condoms. It is a good idea to get information about and discuss STIs and safer sex with a partner before becoming sexually active. You have the right to ask your sexual partner(s) about whether they have any STIs and you have a responsibility to disclose information about any STIs that you have to your sexual partner(s). Pregnancy An unexpected pregnancy can occur, no matter how careful you are. You may want to find out for sure if you are pregnant right away. You can do this yourself by buying a home pregnancy test at a pharmacy – you don’t need a prescription. You may want to do this at a store where no one knows you or your family, just so you have some privacy. You should wait until you have missed one period before doing this test or the result may not be accurate. You could also have a pregnancy test done by your doctor or at a sexual health centre. Finding someone to talk to can be very helpful. You may be able to talk to your parents, a friend or someone else you know. If not, there are counselling centres in many communities. In most provinces, hospitals offer abortion services, which are covered by provincial health insurance. Each hospital has its own rules about the age at which they will provide an abortion. Most provinces also have abortion clinics, where you can have an abortion without your parents knowing, as long as you are at least 12 years old. Clinics strongly encourage anyone having an abortion, especially if you are very young, to tell someone about it and bring them with you so you can have support. In Ontario, British Columbia, Alberta and Newfoundland, the cost of an abortion in a clinic is covered by provincial health insurance. In other provinces, you have to pay a fee. Abortion is not available anywhere in Prince Edward Island. In New Brunswick, abortions can only be performed in hospitals, and you have to have the written approval of two doctors. If you live in a small community or a rural or remote part of the country, you will likely have to travel to a city to get an abortion, which can be expensive and difficult, especially if you do not want anyone to know about your pregnancy. You can get very good information and support about ending a pregnancy from the Canadian Federation for Sexual Health. You have the right to get the medical and therapy help you need and to have privacy. Talk to local women’s You should make sure the counselling centre offers an open, non-judgmental attitude to all the various options you may be considering – keeping your baby, adoption and abortion – so that you can get good information about each of them and support no matter what you choose to do. support services and/or your doctor, counselor or therapist to make sure you will get the help and privacy you want. page 48 page 49 IMPORTANT AGES Reporting child abuse: Age of majority: Adults who think a child is being abused are required to report this to the children’s aid society. Different provinces have different age limits for this. Province or territory Province or territory Age Age British Columbia 19 Alberta 18 British Columbia 19 Saskatchewan 18 Alberta 18 Manitoba 18 Saskatchewan 16 Ontario 18 Manitoba 18 Quebec 18 Ontario 16 New Brunswick 19 Quebec 18 Nova Scotia 19 New Brunswick 19 Prince Edward Island 18 Nova Scotia 16 Newfoundland and Labrador 19 Prince Edward Island 18 Yukon 19 Newfoundland and Labrador 16 Northwest Territories 19 Nunavut 19 Yukon No requirement to report Northwest Territories 18 Nunavut 18 page 50 page 51 Going to school: Province or Territory Children must start school by this age British Columbia 5 years old by December 31 Alberta Students cannot leave school before this age You have to be at least 16 years old to consent to have sex with someone else. 16 6 years old by September 1 16 Saskatchewan 7 years old 16 Manitoba 7 years old 16 Ontario 6 years old by the first school day in September 18 Quebec 7 years old 16 New Brunswick 5 years old by December 31 18 5 years old 16 Island 7 years old 16 Newfoundland 6 years old by and Labrador December 31 Yukon 7 years old by Nova Scotia Having sex: However, if you are 14 or 15 years old and the person you want to have sex with is less than 5 years older than you and is not someone who has power or authority over you, then you can consent. If you are 12 or 13 years old, you can consent to have sex with someone who is no more than 2 years older than you, if they are not in a position of power or authority over you. Someone in power and authority would include a babysitter, a relative, a coach, a teacher, a religious leader, a camp counselor and other people in these kinds of positions. Prince Edward December 31 Northwest 6 years old by Territories December 31 Nunavut 6 years old by December 31 page 52 16 16 16 16 page 53 RESOURCES General: Kids Help Phone http://org.kidshelpphone.ca Justice for Children and Youth www.jfcy.org Sex Canadian Federation for Sexual Health www.cfsh.ca Healthy Relationships Centre for Research and Education on Violence Against Women and Children - Tools for Change, An Educators Resource Site http://www.toolsforchange.ca/index.html Roots of Equality http://www.springtideresources.org/programs/show_proj.c fm?proj_id=3 White Ribbon Campaign http://www.whiteribbon.ca/educational_materials/ http://www.whiteribbon.ca/ciab/default.asp Bullying Bullying fact sheet www.lfcc.on.ca Dealing with Bullies www.kidshealth.org Cyberbullying www.cyberbullying.ca page 54