Human Rights - Canada

Human Right Instruments The Canadian Context

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UDHR Overview Canadian Context Convention on the Rights of the Child Complaint Procedures

Universal Declaration of Human Rights

Why was the UDHR written? “The horrors experienced during the Second World War, most notably the genocide committed by the Nazi regime, shocked the world. War could no longer be used as an excuse to commit crimes against humanity; nor could the suffering and death of millions of innocent people be ignored. For the first time in history, the international community agreed that gross violations of human rights would not be tolerated. It was a monumental decision. Human rights were finally acknowledged as a global concern.” (

http://www.unac.org/rights/actguide/udhr.html)

Who wrote the UDHR? • Eleanor Roosevelt, chair of the UN’s Commission on Human Rights, lead this endeavour • Members of the Commission included; Australia, Chile, China, France, Lebanon, the former Soviet Union, the UK , the U.S., Belgium, Byelorussian, Cuba, Egypt, India, Iran, Panama, Philippines, Soviet Union, Uruguay and Yugoslavia. • Declaration was adopted December 10, 1948

Duty of the Individual to Society and Prohibition of use of Rights in Contravention of the Purposes of the United Nations

Rights of the Individual: right to life and prohibition of slavery

Rights of the Individual in Civil and Political Society

Spiritual, Public and Political Freedoms

Social, Economic and Cultural Rights

Dignity, Liberty, Equality and Brotherhood

How does the UDHR protect human rights?

The UDHR is an international statement of values that has inspired over 80 treaties containing human rights laws, including the main UN human rights treaties.

First International Human Right Laws • International Covenant on Economic, Social and Cultural Rights • International Covenant on Civil an Political Rights

Core International Treaties • International Convention on the Elimination of all Forms of Racial Discrimination (ICERD) • Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) • Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) • Convention on the Rights of the Child (CRC) • International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families (ICRMW) • International Convention for the Protection of all Persons from Enforced Disappearance • Convention on the Rights of Persons with Disabilities

Definitions Signature

•A signed treaty is not legally binding •Shows the states intent to examine the treaty domestically •The state is obliged to refrain from committing acts considered against the treaty

Ratification

•The point at which a treaty becomes legally binding •State fulfills its own national legislative requirements to be able to implement the treaty •A formal sealed letter signed by the states responsible authority is sent to the UN Secretary General in New York

Accession

•State signifies treaty to be legally binding •Not proceeded by a signature •Procedure varies state to state •Typically the national organ of a state (parliament) will make a formal decision to be part of the treaty •A formal letter is sent to the UN General Secretary

Optional Protocol

• Very often, human rights treaties are followed by "Optional Protocols" which may either provide for procedures with regard to the treaty or address a substantive area related to the treaty. Optional Protocols to human rights treaties are treaties in their own right, and are open to signature, accession or ratification by countries who are party to the main treaty http://www.un.org/womenwatch/daw/cedaw/protocol/wh

How are the international treaties invoked in states/countries?

Canadian Context

Human Rights Timeline Early Civilization 27 BC- 476

Roman Empire

1215

Britain’s Magna Carta

1628

British Bill of Rights

1919

International Labour Organization (ILO)

1920

League of Nations

1941

Atlantic Charter

1945

United Nations

1946

UN Commission on Human Rights

1948

Universal Declaration of Human Rights

1960

Canadian Bill of Rights

1966

ICCPR & ISESCR Adopted

1976

ICCPR & SESCR Ascended by Canada Canadian Human Rights Commission Canadian Charter of Rights & Freedoms

1977 1982 1990

ICRC Ratified by Canada

Canada’s Charter Provides for; • • • • • • •

Primary Fundamental Freedoms Democratic Rights Mobility Rights Legal Rights Equality Rights Multiculturalism Aboriginal Rights

Levels of HR Protection in Canada “Internationally” United Nations HR Commission and Treaties Organization of American States

Nationally Canadian Human Right Commissions and Tribunals Supreme Court Provincially/Territorially Human Right Commissions and Tribunals Provincial Courts

What human rights protection does Ontario offer? The Human Rights Code is Ontario's anti-discrimination law. It is enforced by The Human Rights Tribunal of Ontario. The Code does not allow discrimination in the following areas: • accommodation or housing • contracts or formal agreements • employment (this affects the way employers advertise, interview, hire, treat and promote employees) • goods and facilities (such as hospitals and schools) • membership in trade unions • services (such as restaurants, stores, theatres) • vocational or occupational associations

What human rights protection exists at the national level? The Canadian Human Rights Commission enforces the Canadian Human Rights Act. The Act protects people from discrimination by the following service providers: • • • • • • • •

Airlines buses and railways that serve more than one province Canada Post Corporation chartered banks federal departments, agencies and crown corporations (companies owned by government) interprovincial communications and telephone companies television and radio stations other federally regulated industries

If the CHRC cannot resolve a complaint, it will refer the case to the Canadian Human Rights Tribunal (CHRT). The CHRT operates as a less formal version of a court and only hears cases related to discrimination. Although the tribunal does have the power to impose fines, the tribunal focuses on restoring whatever was lost by the victim (e.g. a job, financial gain) and ensuring that the discrimination stops.

The Role of the Courts? To interpret and enforce the Charter

Example: Significant Court Decision

• Vriend v. Alberta; protection of homosexuals against discrimination

Examples of Canadian HR Issues: • Indigenous Rights: Protection of Women/ Standard of Living • International Business: Local compliance • Security: “Two-tier” Justice/Passenger Protection Program • Disabled: Physical and Mental Health Issues • Elderly: Abuse and Protection • Children: Poverty and Prostitution • Immigrants: Employment rights and discrimination

Convention on the Rights of the Child

Background • Adopted in 1989 by the UN General Assembly • 193 states have become party to the convention • Somalia and the United States have not adopted this Convention • Contains 54 articles covering civil, political, economic, social and cultural rights • Contains 2 Optional Protocols

Fundamental Principles • • • •

Respect for the Child’s Opinion Each Child has Rights Equal Value as Human Beings Best Interest of the Child

How is the CRC monitored? Those who have ratified this treaty are monitored by the Committee on the Rights of the Child. All parties submit a report within 2 years of ratification or ascension and subsequently every 5 years. This is the only Committee which has assigned NGO’s a role in monitoring the compliance of State parties.

Canada and the CRC • Ratified by Canada 1991 • Canadian Children’s Rights Council is the NGO monitoring Canada’s implementation • Criticism of the Canadian government for not implementing the CRC effectively

Criticisms • • • • • • •

Parental Alienation Family Law Corporal Punishment Poverty Health Female Sex Offenders “Right to Know”

International HR Complaint Procedures

International Complaint Procedures • Individual complaint mechanism • States’ complaints mechanism

Human Rights Complaint Human Rights Complaint Individual or Group of Individuals Treaty Complaint

State Complaint Special Procedures Covenant on Civil and Political Rights

Commission on Human Rights

Convention on the Elimination of Discrimination Against Women

Commission on the Status of Women

Convention on the Elimination of all Forms of Racial Discrimination

Convention Against Torture

When can you make a complaint? • You have exhausted all domestic remedies • You have not filed a complaint with the Organization of the Americas or another treaty body • The complaint can be filed with one of the four treaties which make provisions for complaint procedures • Your country has ratified that treaty

Individual Complaints; • Covenant on Civil and Political Rights (Optional Protocol) • Convention on the Elimination of Discrimination Against Women (Optional Protocol) • Convention on the Elimination of all Forms of Racial Discrimination • Convention Against Torture

Individual Complaint Procedure; •

The author or complainant prepares the complaint, also called a "communication" or "petition".

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The communication is received by the Secretary-General of the United Nations (Secretariat of the Office of the UN High Commissioner for Human Rights in Geneva or the Division for the Advancement of Women in New York), who brings it to the attention of the relevant treaty body.

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The treaty body registers the communication.

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The treaty body examines the communication and considers: • the admissibility of the communication, and if admissible • the merits of the communication.

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The treaty body issues its "Views", also called an "Opinion" or "Decision", to the parties.

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The treaty body may engage in some follow-up activities to monitor the states parties' response to its Views