scholarly journals THE INTERNATIONAL HUMAN RIGHT TO HOUSING & THE CANADIAN CHARTER: A CASE COMMENT ON TANUDJAJA V. CANADA (ATTORNEY GENERAL)

2015 ◽  
Vol 32 (1) ◽  
pp. 121
Author(s):  
David DesBaillets
Keyword(s):  
Human Rights ◽  
Attorney General ◽  
Legal Doctrine ◽  
Housing Rights ◽  
International Human ◽  
The Government ◽  
Government Of Canada ◽  
Droit International ◽  
The Right ◽  
The Impact

The case of Tanudjaja v. Attorney General, represents an unprecedented opportunity for Canadian legal scholars to examine the right to adequate housing in the Canadian human rights context. It is the only legal challenge that broaches directly the right to housing under Canadian law, basing its arguments on two key elements contained in Charter of Rights and Freedoms: sections 7 and 15. Moreover, the case represents an attempt by the claimants to bolster their Charter claim with reference to housing rights found in international human right’s law. For Canadian housing rights’ scholars, this decision, though ultimately quite negative in its conclusions, demonstrates the need for a better understanding of the intersection between international legal norms on human rights on the one hand, and the Charter, on the other. It does not, however, adequately portray the full extent of the former’s influence on the latter, as Justice Lederer of the Ontario Superior Court of Justice, failed to address the importance of international legal doctrine with respect to the interpretation of positive social and human rights in the Canadian legal context. In particular, he ignored the growing body of Charter related cases and precedents in Canadian jurisprudence that shed light on the complex relationship between fundamental human rights enshrined in various international legal documents and the recognized positive obligations they impose on the government of Canada to implement them under such long established treaties as the Covenant of Economic Social and Cultural Rights.   In this comment, the author makes a critique of the analysis undertaken by Judge Lederer with regards to the relevance of international human rights norms in the context of Tanudaja, by comparing it with past Charter jurisprudence involving the impact of these on Canadian human rights claims.  L’affaire Tanudjaja c. Attorney General est une occasion unique pour les spécialistes en droit du Canada d’examiner le droit à un logement adéquat dans le contexte des droits de la personne protégés au Canada. Il s’agit du seul litige dans lequel le droit au logement en droit canadien est abordé directement sous l’angle de deux dispositions clés de la Charte canadienne des droits et libertés : les articles 7 et 15. De plus, dans cette même affaire, les demandeurs ont tenté d’étoffer leur allégation fondée sur la Charte en invoquant les droits au logement reconnus dans le droit international sur les droits de la personne. Pour les spécialistes en matière de droits au logement au Canada, malgré les conclusions plutôt négatives qui y sont tirées, cette décision illustre la nécessité de mieux comprendre l’interaction entre les normes juridiques internationales sur les droits de la personne, d’une part, et la Charte, d’autre part. Cependant, elle ne décrit pas adéquatement l’ampleur de l’influence des premières sur la seconde, puisque le juge Lederer, de la Cour supérieure de justice de l’Ontario, n’a pas abordé l’importance de la doctrine juridique internationale relative à l’interprétation des droits sociaux et humains positifs dans le contexte juridique canadien. Plus précisément, il a ignoré le nombre croissant de décisions canadiennes liées à la Charte qui ont mis en lumière la relation complexe entre les droits humains fondamentaux garantis dans différents documents juridiques internationaux et les obligations positives reconnues que ces textes imposent au gouvernement du Canada en ce qui a trait à la mise en œuvre de ces droits en conformité avec des traités d’aussi longue date que le Pacte international relatif aux droits économiques, sociaux et culturels. Dans ce commentaire, l’auteur critique l’analyse que le juge Lederer a menée au sujet de la pertinence des normes internationales à l’égard des droits de la personne dans le contexte de l’affaire Tanudaja, en comparant cette analyse à des décisions antérieures concernant la Charte et faisant état des répercussions de ces normes sur les revendications fondées sur les droits de la personne au Canada. 

scholarly journals Ban on electronic cigarettes in Brazil: a policy in favor of human rights

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
A C A Maia ◽  
D C Fabriz ◽  
T A Motta ◽  
V F Zanotelli ◽  
B Zamprogno
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Electronic Cigarettes ◽  
Constitutional Rights ◽  
Individual Freedom ◽  
The Government ◽  
The Right ◽  
The Impact ◽  
Long Term Studies

Abstract This research aims to study the prohibition of electronic cigarettes' commerce in Brazil and to demonstrate its relevance in the realization of freedom and health, especially considering the impact of these devices worldwide. Also known as Electronic Nicotine Delivery Systems (Ends) and e-cigarettes it is a type of product designed to deliver nicotine, derived from tobacco leaf, in the form of an aerosol, some of which are also sold without nicotine. It is necessary to analyze, using rhetoric as method, as well as the science of statistics, the conflicting principles of freedom and life involved in the citizen's right to choose and public health, to answer the question: Is a complete ban on e-cigs the correct policy from the government? The commercialization, importation and advertising of electronic cigarettes was prohibited by the Brazilian Health Regulatory Agency (ANVISA) in 2009, thus banning, at least legally, access to the devices inside the country. Despite this prohibition, the trade in vaporizers and their fluids, which contains nicotine, is easily achieved on the internet, informally. It must be noted that, even considering the benefits of vaping for chronic smokers, there is the concern of secondhand smokers and the upsurge of young people taking on vaping to consider. The conclusion is that, although both individual freedom and health are constitutional rights, in this conflict between them, the suppression of individual freedom is needed, since health is a public concern, and it stands to reason that, even considering the lesser impact vaping has on people, compared to combustion cigarettes, there are two factors in play: First, nobody has the right to expose people to any chance of ill effects, negating the argument of reduced risks when compared to cigarettes. Secondly, there are no long-term studies to support the claims of safety in this practice. The ban, therefore, represents public health and respect regarding Human Rights. Key messages The conflict between individual freedom and health must prevent, in this situation, the possibility of affecting the health of new generations and nonsmokers. There are no long-term studies proving the safety of electronic cigarettes, therefore the law banning the product is a preventive act in the name of public health.

The right to housing

2020 ◽  
pp. 209-222
Author(s):  
Dessie Donnelly ◽  
Joe Finnerty ◽  
Cathal O’Connell
Keyword(s):  
Human Rights ◽  
Human Right ◽  
International Human Rights ◽  
Group Participation ◽  
Cultural Rights ◽  
Housing Rights ◽  
International Human ◽  
The Right ◽  
Human Rights Based Approach

This chapter describes the human rights-based approach to housing and analyses it from a critical social policy perspective. The first section outlines the importance of housing as a human right, the second explores the distinctiveness of housing and a third section provides a case study of a community advocacy group, Participation and the Practice of Rights (PPR), using international human rights instruments such as the UN International Covenant for Economic Social and Cultural Rights (ICESCR) to promote housing rights. Finally, the prospects and limits of a human rights-based approach to housing are discussed.

scholarly journals Legal Protection Againts Violations of Human Rights That Abuse Uighur Ethnic Women in China

2021 ◽  
pp. 33-48
Author(s):  
Endah Rantau Itasari ◽  
Dewa Gede Sudika Mangku
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Criminal Court ◽  
Universal Declaration ◽  
Human Rights Violations ◽  
International Human Rights ◽  
International Human ◽  
The Government ◽  
The Right ◽  
Settlement Of Disputes

The purpose of this research is to respect the legal protection of ethnic Uighur women in Xinjiang, China from the perspective of International Human Rights and to find out and study the resolution of cases of serious international human rights violations against ethnic Uighur women in Xinjiang, China. Legal protection for women of Uighur ethnicity is based on articles 3,4,5,9,10,11, the Universal Declaration of Human Rights, namely by providing protection in the form of protection of the right to life, the rights to freedom, and the right to personal security, and others that are regulated in international legal instruments. 2) Serious human rights violations committed by the government of Xinjiang, China are not justified by international law because they violate the provisions stipulated in the subsequent Universal Declaration of Human Rights for the incidents of human rights violations, so the settlement of disputes between the two parties is carried out by negotiation or mediation. first. If this method is not effective, the UN Security Council can submit the case to an international court such as the International Criminal Court as regulated in article 1 of the 1998 Rome Statute.

scholarly journals A Consistent Inconsistency—An Interpretationof Sections 23 and 56(1) of the Charter of Human Rights and Freedoms of Québec

2016 ◽  
Vol 28 (3) ◽  
pp. 379-403
Author(s):  
Barbara Pierre
Keyword(s):  
Human Rights ◽  
Separation Of Powers ◽  
Attorney General ◽  
Supreme Court Decision ◽  
The State ◽  
Fundamental Rights ◽  
The Law ◽  
The Difference ◽  
The Government ◽  
The Right

The writer advocates the view that courts interpret statutes so as to achieve their aim; that being justice in the case: as between the parties and in respect of the law. This is identified as the common thread that explains the apparent erratic behaviour of the courts in their use of the various methods or rules of interpretation. The Supreme Court decision, Attorney General of Québec v. 2747-3174 Québec Inc., is analysed against the background of this theory and is seen to give support to it. The court is shown to use various rules of interpretation, which lead the majority to a wide, and the minority to a narrow, interpretation of the Charter of Human Rights and Freedoms of Québec. Yet it is clear that in both cases the rules are merely a means to an end: justice as between the parties and in respect of the law. In context of the case, this means establishing a balance between the competing interests of the State and the citizen that conforms to the law relating to fundamental rights and in particular, the Charter of Human Rights and Freedoms of Québec. As far as the State is concerned, it has a vested interest in confirming the constitutionality of its many administrative tribunals, which play an essential role in enabling the State to discharge its responsibility to govern. Citizens, on the other hand, need to be protected from the violation of their rights, in particular the right to an independent and impartial tribunal in matters relating to the determination of their rights and obligations, or charges brought against them. The Charter must be interpreted so that, in its scope and content, it gives real protection, but, consistent with the separation of powers doctrine, the interpretation must not amount to a usurpation by the courts of the role of the government to govern. The writer concludes that the opposing conclusions of the majority and minority are more a consequence of the difference in the opinion of the judges as to the manner in which the balance should be struck, as opposed to the rules of interpretation used by them.

Mapping the Boundaries of Human Rights at Work

2009 ◽  
Vol 34 (1) ◽  
pp. 21-38 ◽  
Author(s):  
Jeff Hilgert
Keyword(s):  
Human Rights ◽  
Labor Relations ◽  
Historical Context ◽  
International Standards ◽  
Labor Rights ◽  
International Human Rights ◽  
Legal Doctrine ◽  
International Human ◽  
The Right ◽  
Human Rights Standards

Over the past twenty years, International Labour Standards have been cited increasingly as the authoritative, worldwide body of jurisprudence on workers' rights as human rights. Continuing the debate on what constitutes labor rights, the author contrasts the definition of workers' rights under international human rights standards with U.S. labor history's notion of “pure and simple unionism,” examining the boundaries of rights defined by international standards in a comparative historical context. The standards examined include workers' right to organize; coercive employer speech; access to employer premises; nonmajority representation; the right to strike, picket, and boycott; union security clauses; the scope of bargaining; government enforcement; and the legal doctrine of employer association rights. Aligning U.S. labor relations law with international human rights standards would in part be a social advancement, but significant aspects of the standards advocate pure and simple unionism more than the original National Labor Relations Act, raising questions about how labor movements should use international standards as advocacy tools and public policy goals.

scholarly journals India: A Model for the Enforcement of Economic, Social, and Cultural Rights

2019 ◽  
Vol 37 (2) ◽  
Author(s):  
Lawrenz Fares
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
International Human Rights ◽  
Right To Food ◽  
Cultural Rights ◽  
Human Rights Regime ◽  
International Human ◽  
Civil And Political Rights ◽  
The Right ◽  
The Impact

Under the modern international human rights regime, all people are entitled to two categories of rights: civil and political rights and economic, social, and cultural rights. While the judicial enforcement of civil and political rights is commonly accepted in virtually every country in the world, there is a significant degree of hostility towards the judicial enforcement of economic, social, and cultural rights. Critics have long held that the enforcement of these rights in the courtroom would be inherently undemocratic and unmanageable. This belief, and the general aversion to the judicial enforcement of these rights, is primarily rooted in the fact that the enforcement of these rights would require compelling the government to spend vast sums of money in the form of welfare programs. However, India has overcome these criticisms and emerged as a model for the enforcement of these rights. The following paper will serve to lay a foundational understanding of the modern international human rights regime, look to the functionality of both sets of rights, and examine how Indian jurisprudence has come to allow the enforcement of economic, social, and cultural rights in the courtroom. From there, this paper will examine PUCL v. Union of India, the landmark case that recognized the right to food in India, the impact this case has on the lives of the Indian people, and the economic impact of protecting the right to food in an attempt to demonstrate that the judicial enforcement of these rights is not only possible, but can also be done in an effective manner.

scholarly journals The Role of Parents in Optimizing Gadgets for Childrens Learning During the COVID-19 Pandemic

2021 ◽  
pp. 133-147
Author(s):  
Intan Nur Azizah
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Criminal Court ◽  
Universal Declaration ◽  
Human Rights Violations ◽  
International Human Rights ◽  
International Human ◽  
The Government ◽  
Role Of Parents ◽  
The Right

The purpose of this research is to respect the legal protection of ethnic Uighur women in Xinjiang, China from the perspective of International Human Rights and to find out and study the resolution of cases of serious international human rights violations against ethnic Uighur women in Xinjiang, China. Legal protection for women of Uighur ethnicity is based on articles 3,4,5,9,10,11, the Universal Declaration of Human Rights, namely by providing protection in the form of protection of the right to life, the rights to freedom, and the right to personal security, and others that are regulated in international legal instruments. 2) Serious human rights violations committed by the government of Xinjiang, China are not justified by international law because they violate the provisions stipulated in the subsequent Universal Declaration of Human Rights for the incidents of human rights violations, so the settlement of disputes between the two parties is carried out by negotiation or mediation. If this method is not effective, the UN Security Council can submit the case to an international court such as the International Criminal Court as regulated in article 1 of the 1998 Rome Statute.

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