Paths to Applying International Standards of Human Rights to Canada: IHRP & CLAIHR & IIRESODH Workshop on Using International Human Rights Mechanisms to Support Domestic Advocacy

By: Hannah Beltran (2L JD/MBA)

Photo: Hannah Beltran

Professor Victor Rodríguez Rescia (upper right) presenting the IHRP workshop on Using International Human Rights Mechanisms to Support Domestic Advocacy. Credit: Hannah Beltran

How can international standards of human rights be applied to Canada? The International Human Rights Program (IHRP) co-hosted the Using International Human Rights Mechanisms to Support Domestic Advocacy workshop on October 23, 2023 to address this question. Canadian Lawyers for International Human Rights (CLAIHR) and the International Institute for Social Responsibility and Human Rights (IIRESODH) co-hosted this event with Professor Victor Rodríguez Rescia as the guest speaker. Professor Rescia is a lawyer, a human rights professor, and the President of IIRESODH. Formerly, he was a member of the United Nations (UN) Human Rights Committee and the Assistant Secretary of the Inter-American Court of Human Rights.

Professor Rescia characterised states’ human rights obligations as “having a plan for life.” This includes “all kinds of rights–civil and political, economical, social, cultural, [and] environmental.” Professor Rescia pointed out that while Canada has ratified several international human rights treaties, such as the International Covenant on Civil and Political Rights, Canada has not ratified some important treaties including the American Convention on Human Rights (ACHR). This is significant because most states that ratify the ACHR consent to the authority of the Inter-American Court of Human Rights (Inter-American Court). At the Inter-American Court, a state party to the ACHR can submit a human rights claim against another state party.                    

Professor Rescia emphasised that legal human rights frameworks provide little protection of human dignity if those frameworks are not accompanied by public policies for human rights. He stated that public policies entail “cultural protection, institutional systems, and funding” to bolster human rights frameworks.

The workshop highlighted three alternative pathways to hold Canada accountable to international human rights standards. Although Canada has not ratified the ACHR, it is still possible to file a case against Canada in the Inter-American Court. Canada is part of the Inter-American Commission of Human Rights (Inter-American Commission). The Inter-American Commission examines human rights violations, including those related to the ACHR, and can refer individuals’ cases to the Inter-American Court. Professor Rescia mentioned that Indigenous peoples have submitted claims against Canada to the Inter-American Commission.

Professor Rescia also highlighted UN Special Procedures as an option for individuals who seek to make a claim against Canada on human rights grounds. Individuals can submit a description of their claims online to the UN Human Rights Council. This could result in a UN Special Procedures investigation of a thematic mandate, such as on Indigenous rights across several countries, or the state of human rights in general within one country. Based on the investigation, human rights experts may send letters to a government with recommendations on addressing human rights issues.

Furthermore, Professor Rescia discussed that non-governmental organisations (NGOs) have a special role in holding Canada accountable to human rights standards. Approximately every four years, Canada faces the Universal Periodic Review at the UN Human Rights Council, where Canada’s representatives report on Canada’s progress towards its human rights obligations. NGOs can submit their own reports ahead of the review and are invited to a private meeting with experts on the Human Rights Committee before the Committee cross-examines Canada’s representatives. The private meeting allows NGOs to flag any information that refutes parts of Canada’s report.

The workshop clarified potential pathways to hold Canada accountable to international standards of human rights. Yet, Professor Rescia noted that scholars should further critique and suggest reforms to these approaches. Relatedly, an audience member raised concerns about the barriers to filing these claims, especially given that there are barriers to understanding the law and financial barriers to justice. They asked Professor Rescia to explain how to address these issues. Professor Rescia stated that the forms to the UN Human Rights Committee, for example, could be filled out with just the facts of a claim and some evidence supporting the claim. The UN will then apply the law to that claim. While only requiring plain-language descriptions when filing a claim reduces some barriers, it does not address other issues like the non-binding nature of the UN Human Rights Council’s recommendations.

Professor Rescia recognized that holding states to international human rights standards is a difficult task, but he asserted that we should not lose faith despite this challenge. He completed the workshop by stating, “We are not perfect, but what would we do without the United Nations and multilateral organisations? Multilateral organisations are the only way to maintain hope.”