Human Rights Exam Notes PDF

Human Rights Exam INFES Women's HR/ gender equality < key treaties provisions 1. equality is guaranteed in...

Human Rights Exam INFES Women's HR/ gender equality < key treaties provisions 1. equality is guaranteed in the UN charter , the UDHR both covenants · individuals to 2 CEDAW and optional * Allows. protocol report CEDAW violations I add 2 key procedures Enables Committee to * investigate violations 3 Inter-AmericanConvention. on the prevention , punishment and eradication of violence against women. Cit is signed , but ratified by Canada). < Soft law 1 landmark international. Being declaration , 1995 : agreementthatoutlinecomprehensivea 2 CEDAW. general recommendation : 3. HRC Resolutions : Violence against women (bianually led by Canada) > -Human key bodies Rights Campaign. I Committee of CEDAW. , Special rapporteur on violence against women , working group on discrimination against women and girls 2 independent experts protection violation and discrimination based. on against on sexual orientation and gender identity. Rights of indigenous people > Relevant treaties/instruments 1. ICCPR article 27 : minorities shall not , be denied the right , to enjoy their own culture , to profess and practice their own religion or to use their own language 2 CERD : Committee. on the elimination of Racial discrimination. UN declaration 3 on the Rights of indigenous peoples (incorporated into CAN law 2021) , < key bodies / experts I Special. rapporteur on the rights of indig pp.. expert mechanisms 2 on the rights of indig PPI.. UN permanent Forum oh 3 indig. issues > UN Bodies/Canadian indigenous Rights concerns 1 UN human. Rights Committee Lovelace in 1977 , : Omniyak 1990 , McIvor 2019. 2 CEDAW. : Matson in 2024 3 CERD. , early warning urgent action procedure : Site C , Coastal gas link , transmountain pipeline , Prairie green landfield Rights to housing ESC rights obligations Economic c : Social and Cultural Rights , 1. ICESR (international Covenant on economic , Social and cultural Rights) , article (2) : international cooperation , max available resources , progressive realization , without discrimination. 2. CESCR( its committee) general comments 3 : 'minimum core obligation < Right to housing in treaties/instruments 1. UDHR 25(1) : everyone has the right to a standard of living adequate for health , food... 2. ICESCE 11(1) : 3 CEDAW. , CRC CMW , , CRPD Convention on the Rights of ppl with disabilities ↓ Convention on ↳ Committee on the protection the Rights of of the rights of all migrant children workers and members of their families. Oversight < I UN special rapporteur. on the right to adequate housing 2 CESR. , general comment 4 , 7 (forceDeviction) 22 (land/Esc rights) Canadian law I National. Right to housing act article 4 , : recognizes that the right to adequate housing is a fundamental hr in international law and further the progressive realization the right to adequate housing as recognized in ICESR. Right to health < treaties and instruments 1 UDHR article 25 : Physical & ,. 2 ICESR , article 12. : recognizes to the enjoyment of the highest attainable standard on mental health. CERD 3 , CEDAW CRC , CMW , , 4 /CCPR art6 :. , right to life < Oversights I. Special rapporteur on article 12 of ICESR 2 CESR. , general comments 14 (health) & 22 (sexual and reproductive health) < Right to life 1. HRC general comments 36 , right to life and health care.Toussaint case denial to healthcare 2 basis of Status violates right : on immigration to life and is discriminatory. National Security and the prohibition on torture > ICCPR , article 4 : in case of public emergency which threatens the life of the nation states can , derogate from their obligation the the extent required to deal the Severity of the Situation. IRights cannot be derogated : life torture , , Slavery freedom , of conscience/though religion > UNCAT article 2(2) : , nothing can justify torture It UN convention against torture Ib Torture is ineffective impossible to draw, the like , reinforces cycles of repression, violence and insecurity. Oversight 1. Special rapporteur on Human Right and counter terrorism 2. Special rapporteur on torture. HRC , CAT 3 , CERD , CED : Committee on enforced disappearances < Supreme Court of Canada Suresh 2002 , : "In exceptional circumstances deportation , to face torture might be justified. The posed a serious risk to Canada. Freedom of opinion and expression. > Nature of CP ICCPR 2 undertake to Obligations , I Civil and political rights In Some rights have inherent limitation , including respect of the rights of others , national security , public order and health , morals. ↳ Can apply to freedom of expression. > FOE Standards (freedom of expression I LIDHR. 2 ICCPR19 : everyone has the to hold opinion without interference. right 3 ICCPR. 20 : Any propaganda for war shall be prohibited by law 4 CERD , CRC , CRPD. < Oversight I Special rapporteur. on freedom of opinion and expression 2 HRC. , general comment 34 :Freedom of opinion & expression are indispensable Condition for the full development of the person. Business and Human Rights ↓ Soft law standards respect to -HR I UN guiding principleson business and HR ↓. In 3 pillars State duty : to protect HR , Corporate responsibility & Access to Remedy L OECD (organization for economic co-operation and development SUN bodies 1 Working group. on business and HR 2 UN Forum on Business and HR. Canada 1. Supreme Court of Canada , Nevsun judgment : 3 workers from a mine company were put in harsh condition while working , stating that they were subject to Slavery , crimes against humanity forced , labour , degrading treatment... Company was owned by Nevsun. Also workers were in Eritrea, Africa, International justice < ICC (Rome Statute I genocide. , war crimes , Crimes against humanity, 2. Situations can be referred by the Security Council to the ICC if it is a state party. ICC 3 assumes jurisdiction only if states fails to pursue justice. Universal jurisdiction 1. applies to crimes under international law.. 2 matter where , who were the victims and perpetrators. prosecution by any state no - immigration inadmissibility I leads to. barring alleged criminals from entry or deporting them , does not secure justice Technology and human Rights I Maximizing the benefits , preventing & mitigating the harms > key issues I privacy and data. protection I ICCPRI7(1) : subjected No one shall be to arbitrary or unlawful interferencewivay 2. Discrimination racism and , sexism. Freedom of opinion 3 + expression : filtering o content management , hatea online harms Climate Crises and Human Rights > HRC resolution : Comprehensive list of treaties and HR concerns implicated by climate crisis and highlighting vulnerable high risk populations. IHRC recognizes ItR to a clean , healthy and sustainable environment I safe.. - > Special I Special rapporteur procedures &. on the issues of HR obligations relating to anenjoyment of. 2 Special rapporteur on the promotion and protection Climate of HR in the context of > change. treaty bodies 1. general comments/recommendation from CRC and CEDAW & HRC > international cases I ECHR. ruling in Swiss Climate women case : European Court of HR In Court determined that Swiss govy's inadequate climate action was causing serious harm to women Nature of HR obligations IHRL ~ 3 part framework to all obligations : I. Respect : States must refrain from interfering w/ the enjoyment of HR z. Protect : States must protect individuals and groups against HR abusers. Fulfill 3 : States must take positive action to facilitate the enjoyment of HR > Vienna Declarations : - I. All human rights are universal , indivisible , interdependent and interrelated.. Equality and 2 non discrimination is at the foundation of HR Key HR instruments 1 international Bill of HR. : LDHR , ICCPR , and ICE CR 2 7. key treaties : CERA CEDAW , CAT , , CRC , CMW , CRPD , CED ? 3 9 independent. protocols In 4 substantive treatment : ICCPR CAT CBC X2 , , of prisoners I 5 procedural : ICCPB ICESCR , , CEDAW , CRC , CRPD - 4. Soft laws : UN DRIP , guiding principles and business and HR , Mandel d rules Main HR bodies human rights Council 1. regular sessions and special sessions. Commissions of 2 inquiry. 3 Special procedures : Rapporteurs independent experts , working groups , 4 Universal periodic review. > treaty committees 1 Periodic reviews.. individual 2 complaints 3. general comments.