povertyandhumanrights.org » human rights law

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)

Letter to the Prime Minister and BC Premier on welfare time limits

phrc — Thu, 05 Feb 2004 03:43:44 +0000

A letter written to Prime Minister Paul Martin and Premier Gordon Campbell, endorsed by 137 organizations, asking them to act immediately, together and separately, to ensure that legislation which imposes a twenty-four month time limit on eligibility for welfare in B.C. is rescinded before April 1, 2004, and that no similar provision is implemented in B.C. or any other province in future.

act immediately, together and separately, to ensure that

legislation which imposes a twenty-four month time limit on eligibility for welfare in

B.C. is rescinded before April 1, 2004, and that no similar provision is implemented in

B.C. or any other province in future.

Letter to the Prime Minister Paul Martin and Premier Gordon Campbell (February 2004)

Moving Forward on Women’s Equality, Brief to the Standing Committee on Finance Pre-Budget Consultation (September 2003)

phrc — Mon, 29 Sep 2003 03:50:02 +0000

The B.C. CEDAW Group submits that the federal government, when considering

spending priorities, must take into account 1) the negative impact on women of recent

cuts and changes to social programs and services made in the Province of British

The B.C. CEDAW Group’s submission to the Standing Committee on Finance, outlining that the federal government, when considering spending priorities, must take into account 1) the negative impact on women of recent cuts and changes to social programs and services made in the Province of British Columbia and 2) the domestic and international human rights law that guarantees equality to women in Canada.

Moving Forward on Women’s Equality, Brief to the Standing Committee on Finance Pre-Budget Consultation (September 2003)

Majority embraces stereotype of the poor (December 2002)

phrc — Sun, 01 Dec 2002 01:14:50 +0000

Majority Embraces Stereotype of Poor

by Shelagh Day

The majority decision of the Supreme Court of Canada in last week’s welfare rights case,

Gosselin v Quebec, is a disturbing one. Five judges endorsed a Quebec scheme that

consigned thousands of 18 to 30 year old welfare recipients to extreme poverty, and

found that it did not harm the human dignity of these poor young people.

The majority decision of the Supreme Court of Canada in last week’s welfare rights case, Gosselin v Quebec, is a disturbing one. Five judges endorsed a Quebec scheme that consigned thousands of 18 to 30 year old welfare recipients to extreme poverty, and found that it did not harm the human dignity of these poor young people.

Majority Embraces Stereotype of Poor

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)

Proposed human rights legislation gets failing grade (September 2002)

phrc — Sun, 01 Sep 2002 00:54:37 +0000

For the second time in twenty years, the Government of British Columbia has decided to

abolish its Human Rights Commission. If the draft legislation set out in Bill 53 passes,

the Commission will be erased again, this time in the name of providing British

Columbians with a new, more efficient “direct access” model of human rights

enforcement.

For the second time in twenty years, the Government of British Columbia has decided to abolish its Human Rights Commission. If the draft legislation set out in Bill 53 passes, the Commission will be erased again, this time in the name of providing British Columbians with a new, more efficient “direct access” model of human rights enforcement.

Proposed Human Rights Legislation Gets Failing Grade (Sept 2002)

Human rights plunge into the past (April 2002)

phrc — Mon, 01 Apr 2002 00:43:46 +0000

Human rights in British Columbia may be about to plunge backwards by twenty years. In

1983 Bill Bennett abolished the Human Rights Commission, fired all the Commissioners

and staff, and narrowed human rights legislation in one sweeping assault. Though a little

slower off the mark, the current government seems poised to substantially weaken the

province’s human rights institutions and protections.

Human rights in British Columbia may be about to plunge backwards by twenty years. In 1983 Bill Bennett abolished the Human Rights Commission, fired all the Commissioners and staff, and narrowed human rights legislation in one sweeping assault. Though a little slower off the mark, the current government seems poised to substantially weaken the province’s human rights institutions and protections.

Human Rights Plunge into the Past