Women's Rights & Gender Equality

• Human Rights Exam Notes

Women's HR / Gender Equality

• Equality is guaranteed in the UN Charter, UDHR, and both Covenants
• CEDAW and its optional protocol allow individuals to report violations and enable committee investigations
• The Inter-American Convention focuses on preventing, punishing, and eradicating violence against women
• It's signed but not ratified by Canada
• There are "soft laws" in addition to treaties
• Landmark international agreement in the 1995 Beijing Declaration outlines a comprehensive plan for women and girls' equality
• CEDAW general recommendations exist
• HRC Resolutions address violence against women, biannually led by Canada
• The Human Rights Campaign is a key body
• The Committee of CEDAW, a special rapporteur on violence against women, and a working group on discrimination against women and girls exist
• There are independent experts on protection against violation and discrimination based on sexual orientation and gender identity

Rights of Indigenous People

• ICCPR Article 27 ensures minorities can enjoy their culture, religion, and language
• CERD focuses on eliminating racial discrimination
• The UN Declaration on the Rights of Indigenous Peoples was incorporated into CAN law in 2021
• A special rapporteur focuses on the rights of indigenous people
• Expert mechanisms also exist for indigenous rights
• The UN Permanent Forum addresses indigenous issues
• The UN Human Rights Committee addressed Lovelace in 1977, Omniyak in 1990, and McIvor in 2019
• CEDAW addressed Matson in 2024
• CERD has an early warning/urgent action procedure for Site C, Coastal gas link, Transmountain pipeline, and Prairie green landfield

Rights to Housing

• ESC rights obligations encompass economic, social, and cultural rights
• ICESCR Article 2 focuses on international cooperation, maximizing available resources, and progressive realization without discrimination
• CESCR provides general comments, including a "minimum core obligation"
• UDHR 25(1) states everyone has the right to an adequate standard of living for health and food
• ICESCR 11(1) guarantees the right to adequate housing
• CEDAW, CRC, CMW, and CRPD address the rights of people with disabilities
• The Convention on the Rights of the Child focuses on the rights of migrant workers and their families
• A UN special rapporteur focuses on the right to adequate housing
• CESCR addresses forced eviction and land/ESC rights
• The National Right to Housing Act Article 4, recognizes adequate housing as a fundamental right in international law and progressive realization as recognized in ICESCR.

Right to Health

• UDHR Article 25 guarantees it
• ICESCR Article 12 recognizes the enjoyment of the highest attainable standard of physical and mental health
• CERD, CEDAW, CRC, CMW, and ICCPR Article 6 address the right to life
• A special rapporteur addresses Article 12 of ICESCR
• CESCR provides general comments on health and sexual/reproductive health
• HRC general comments about the right to life and healthcare
• The Toussaint case shows denial of healthcare based on immigration status violates the right to life and is discriminatory

National Security and Prohibition on Torture

• ICCPR Article 4 allows states to derogate obligations during a public emergency threatening the nation's life, to the extent required to deal with the severity of the situation
• Rights that cannot be derogated include life, torture, slavery, and freedom of conscience/thought/religion
• UNCAT Article 2(2) states nothing can justify torture
• Includes UN convention against torture
• Torture is ineffective, reinforces cycles of repression, violence, and insecurity
• A special rapporteur addresses human rights and counter-terrorism
• Another focuses on torture
• HRC, CAT, CERD, and CED focus on enforced disappearances
• The Supreme Court of Canada addressed Suresh in 2002 regarding deportation and torture risk

Freedom of Opinion and Expression

• ICCPR 2 undertakes civil and political rights obligations
• Some rights have inherent limitations, including respect for others' rights, national security, public order, and health/morals
• Can apply to freedom of expression
• UDHR and ICCPR 19 state everyone has the right to hold opinions without interference
• ICCPR 20 prohibits propaganda for war
• CERD, CRC, and CBPD also address related issues
• A special rapporteur focuses on freedom of opinion and expression
• HRC provides general comments stating freedom of opinion and expression are indispensable

Business and Human Rights

• UN guiding principles on business and human rights as soft law standards
• Three pillars for guiding principles include states' duty to protect HR, corporate responsibility and access to remedy
• OECD guides economic co-operation and development
• Working groups and forums exist on business and human rights
• The Supreme Court of Canada addressed the Nevsun judgment where mineworkers faced harsh conditions amounting to slavery

International Justice

• ICC (Rome Statute) addresses international justice
• It handles genocide, war crimes, and crimes against humanity
• The Security Council can refer situations to the ICC if a state party is involved
• The ICC assumes jurisdiction only if states fail to pursue justice
• Universal jurisdiction applies to crimes under international law
• Prosecution can occur by any state, regardless of where the crimes happened or who the victims/perpetrators were
• Immigration inadmissibility can result from barring alleged criminals, but it does not secure justice

Technology and Human Rights

• Aims to maximize benefits while preventing and mitigating possible harms
• Key issues include privacy and data protection
• ICCPR 17(1) prevents arbitrary or unlawful interference with privacy
• Also includes discrimination, racism, and sexism
• A third issue is freedom of opinion and filtering content/managing hate & online harms

Climate Crises and Human Rights

• A HRC resolutions provides a comprehensive treaties lists and human rights concerns implicated by climate crises
• Highlights vulnerable high-risk populations
• HRC recognizes HR to a clean, healthy, and sustainable environment
• Special rapporteurs focus on HR obligations relating to the environment, promotion, and protection of HR
• Treaty bodies include general comments/recommendations from CRC, CEDAW & HRC
• The ECHR ruling in the Swiss Climate women case in the European Court of HR
• Courts determined Swiss govy's actions were inadequate and causing serious harm to women

Nature of HR Obligations

• A 3-part framework applies to all obligations
• States must respect and refrain from interfering with the enjoyment of HR
• Also states must protect individuals and groups against HR abusers
• States must take positive action to facilitate the enjoyment of HR
• The Vienna Declarations consider hr as universal, indivisible, interdependent and interrelated
• Equality and non-discrimination are the foundation

Key HR Instruments

• The international Bill of HR includes UDHR, ICCPR, and ICE CR
• 7 key treaties: CERD, CEDAW, CAT, CRC, CMW, CBPD, CED
• 9 protocols independent and includes substantive and procedural
• Soft laws: UN DRIP, guiding principles, business and HR and Mandela rules

Main HR Bodies

• The Human Rights Council holds regular and special sessions
• Includes commissions of inquiry
• Involves special procedures with rapporteurs, independent experts, and working groups
• Conducts universal periodic reviews
• Treaty committees make regular periodic reviews
• Includes individual complaints
• Issues general comments.