Human Rights and International Law
People often wonder what the role of international law plays within the legal system of a country. The reality is that international laws can provide both guidance and obligation for governments depending on the treaty or covenant ratified. Once a country endorses an international law, it is up to that state to then implement the subsequent responsibilities at the national level.
“International human rights law lays down obligations which States are bound to respect. By becoming parties to international treaties, States assume obligations and duties under international law to respect, to protect and to fulfil human rights.” UN website
What does this mean for Canada?
The Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights, laid the foundation for human rights laws around the world and created a standard governments could follow. Canada has ratified both documents placing the onus on the federal government to live up to the required responsibilities.
By law, the federal government is required to fulfill the human rights standards listed in the Covenant. This means ensuring the right to adequate standards of living involving access to food, housing and clothing, the right to participation in the labour force and community, as well as providing citizens with the opportunity to report violations of these rights.
Canada’s Human Rights Record
Recent United Nations monitoring reports show that Canada has been behind on its human rights commitments. Not only have numerous recommendations made by the UN gone dismissed, but the concept of economic, social and cultural carry little substance within the domestic legal system.
If there are human rights abuses, complaint mechanisms should be established to address these concerns at the national and international level. Canada has not adopted the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights – which would enforce the establishment of complaints mechanisms – and in the recent Universal Periodic Review from 2009, Canada disagreed with the recommendation to legally enforce all ESC rights.
On the housing front, the country is not doing much better. In the early 1990’s the federal government ended a national housing plan that had been in place for years providing much needed supportive housing to struggling families and individuals. Now Canada is in housing crisis with 150,000 to 300,000 people who are visibly homeless, 450,000 to 900,000 people considered “hidden” homeless, and 1.5 million households in core housing need.
This is a violation of the right to housing as stated in the Covenant on Economic, Social and Cultural Rights, and goes against the responsibilities the country has committed to. Establishing a federal housing strategy, such as the one suggested in 2010 under Bill C-304, An Act to Ensure Secure, Adequate, Accessible and Affordable Housing, would re-instate such a plan, and recognize that housing is not a luxury, but a right.
Without government commitment, international human rights regulations appear solid on paper, but remain weak in practice.
For more information on human rights an the impact of international law on states, visit the United Nations website.
