Human Right Instruments

The Canadian Context

• 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 Rights of the Spiritual, Public Social,

Individual: right Individual in and Political Economic and
to life and Civil and Freedoms Cultural Rights
prohibition of Political Society
slavery

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
1977 Canadian Human Rights Commission
1982 Canadian Charter of Rights & Freedoms
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
State Complaint
of Individuals
Special Procedures
Treaty Complaint

Covenant on Civil and Commission on Human Rights

Political Rights

Convention on the Elimination of Commission on the

Discrimination Against Women 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".

• 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.

• The treaty body registers the communication.

• The treaty body examines the communication and considers:

• the admissibility of the communication, and if admissible

• the merits of the communication.

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

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