It’s no secret that kids with food allergies are at some risk in school environments which offer no accommodations for them, to keep them safe from contaminated lunch lines and other kids’ food. But a new study says there’s no legal requirement to ban certain foods to protect allergic kids…
Schools can make rules about what’s sold on their student cafeteria counters, but banning
potentially harmful foods altogether is not the way to go, say researchers…
In Canada, at least, there is a legal angle to the need to look out for allergic kids in our schools. But there’s no requirement to ban foods that might harm sensitive children. And a new study led by researchers at the University of Alberta reveals that banning certain foods in schools may not be the answer.
What they did…
Tim Caulfield, Research Director of the U of A’s Health Law Institute, Co-author of the study, explained the aim of the study: “Given the prevalence of childhood food allergies and the amount of time kids spend at school where they may be exposed to allergens, we set out to better understand Canadian laws and policies that apply to managing food allergies in the school setting. Since food allergy is a disability, it triggers a legal duty for schools to ensure that food-allergic students receive fair treatment and are not discriminated against due to an allergy.”
Researchers looked at the Canadian Charter of Rights and Freedoms, Supreme Court of Canada rulings, recent federal and provincial human rights legislation, and court cases involving liability claims over incidents of accidental allergen exposure in schools across Canada examining the outcomes.
What they found…
“Despite [the] duty to accommodate, our research also found that in most relevant human rights cases concerning banning food allergens, it was concluded that such bans are not legally required,” Caulfield notes.
Furthermore, Eric Adams, an Associate Professor in the U of A’s Faculty of Law, notes: “Some schools have implemented food bans, but recent scientific evidence does not consistently support bans as the most effective way to protect allergic children from accidental exposure to allergens.”
The takeaway…
The study’s authors suggest that education and awareness are more important and more effective than food bans in keeping allergic kids safe at school.
Lead Author of the study Blake Murdoch, a Research Associate at the Health Law Institute, says: “Important protections for allergic students and the school community will continue to include education about food sharing, vigilance and adequate emergency response mechanisms. Of course, if the scientific evidence changes in the future, the law around food bans could change with it.”
Caulfield concludes: “We hope these findings will help to inform students, parents, teachers and school boards involved in discussions, decision-making or controversies about the allergy policies of schools in their communities. We feel that the best policy advice for schools looking to craft sensible, effective and rights-sensitive policies around allergies is to consider the particular context of their own setting, as well as the best available scientific research on best practices for allergy safety and management.”
My take…
Caulfield’s summation could have been summed up much more summarily in just three words: Use Common Sense! Why do so many issues like this one get so wound up in legalese and blame-laying and illogical emotionality? Human nature? Then, let’s ban human nature! (Not really – just wanted to get you thinking!)
~ Maggie J.