povertyandhumanrights.org » Law Sheets

Victoria (City) v. Adams: Advancing the Right to Shelter

phrc — Sat, 11 Apr 2009 19:34:55 +0000

Victoria (City) v. Adams: Advancing the Right to Shelter is an important new B.C. case about social and economic rights. The issue in this case is whether a City bylaw which required homeless people to remove tents and any overhead protection, while sleeping in Cridge Park, violated their right to life, liberty and security of the person. This is a key case in the development of protections for poor and homeless people in Canada.

The new law sheet describes the issues in the case and the role that international human rights law has played. Victoria (City) v. Adams: Advancing the Right to Shelter is the latest in a series of law sheets produced by the Poverty and Human Rights Centre that are focused on the domestic enforcement of social and economic rights. The law sheets are intended to assist lawyers, front line advocates, and non-governmental organizations who rely on the human rights framework in their advocacy before tribunals and courts, to assist members of vulnerable groups.

Victoria (City) v. Adams: Advancing the Right to Shelter (PDF)

The Role of International Social and Economic Rights in the Interpretation of Domestic Law in Canada

phrc — Fri, 01 Feb 2008 19:47:37 +0000

This Law Sheet, produced by the Poverty and Human Rights Centre, is concerned with the role that international human rights law can play in the interpretation of the Canadian Charter of Rights and Freedoms and other laws in Canada. It is intended to assist lawyers in their advocacy work before courts and tribunals. It is also intended to assist non-governmental organizations who rely on the human rights framework in their work to assist members of vulnerable groups. It is specifically focused on the domestic enforcement of social and economic rights.

For the United Nations human rights treaties there are two levels of adjudication and enforcement. First, United Nations treaty bodies review the compliance of countries that have ratified the treaties and receive and adjudicate petitions or complaints under the treaty. Secondly, within Canada, courts and tribunals provide another avenue for adjudication and enforcement of Canada’s obligations under international human rights law. this Law Sheet is focused on the second level. It explores how to use international human rights law in Canadian courts and tribunals.

The Role of International Social and Economic Rights in the Interpretation of Domestic Law in Canada (PDF)

Human rights treaty implementation: The Consensus on Canada

phrc — Mon, 01 Jan 2007 23:12:45 +0000

This Law Sheet identifies overlapping areas of human rights treaty obligation in which

various international monitoring bodies have found Canada’s performance to be

unsatisfactory. The extent of the consensus regarding Canada’s non-compliance with its

human rights obligations in particular areas, that exists among the international monitoring

bodies applying different treaties, serves to highlight some of the work that Canadian

governments must attend to urgently, if Canada is to maintain its reputation as a rightsrespecting

nation.

This Law Sheet identifies overlapping areas of human rights treaty obligation in which various international monitoring bodies have found Canada’s performance to be unsatisfactory. The extent of the consensus regarding Canada’s non-compliance with its human rights obligations in particular areas, that exists among the international monitoring bodies applying different treaties, serves to highlight some of the work that Canadian governments must attend to urgently, if Canada is to maintain its reputation as a rights respecting nation.

Human rights treaty implementation: The Consensus on Canada

The Right to Social Assistance: 14 Questions and Answers (October 2003)

phrc — Wed, 01 Oct 2003 23:17:53 +0000

British Columbia is the only province in Canada to place a time limit on

welfare eligibility. From diverse perspectives, many people are concerned

about the harmful results of this harsh and unprecedented new rule. This

report is a response to numerous requests that the Poverty and Human Rights

Project has received from concerned groups and individuals for an analysis

of the human rights implications of the 24 month cut off rule.

British Columbia is the only province in Canada to place a time limit on welfare eligibility. From diverse perspectives, many people are concerned about the harmful results of this harsh and unprecedented new rule. This report is a response to numerous requests that the Poverty and Human Rights Project has received from concerned groups and individuals for an analysis of the human rights implications of the 24 month cut off rule.

The Right to Social Assistance: 14 Questions and Answers (October 2003)

The Right to Housing under International Human Rights Law (October 2002)

phrc — Tue, 01 Oct 2002 00:35:43 +0000

Not everyone may realize that governments in Canada are obligated to ensure that everyone has adequate housing. However, Canada is a signatory to international human rights treaties that oblige governments to address conditions of poverty, and to ensure that everyone has an adequate standard of living, including adequate housing. The central human rights treaty concerning the right to housing is the International Covenant on Economic, Social and Cultural Rights, which is known as the “ICESCR.” Canada ratified the ICESCR in 1976. Article 11 of the ICESCR commits governments in Canada to take positive steps to ensure that everyone has an adequate standard of living, including adequate food, clothing, and housing.

The Right to Housing under International Human Rights Law (October 2002)