The International Convention Of Civil And Political Rights

“Ideas about human rights have evolved over many centuries. But they achieved strong international support following the Holocaust and World War II. To protect future generations from a repeat of these horrors, the United Nations adopted the Universal Declaration of Human Rights (UDHR) in 1948 and invited states to sign and ratify it”

Upholding human rights is essential for ensuring a fair and equitable society. In 1966, Australia and a majority of the world’s nations signed on to the International Covenant on Civil and Political Rights (ICCPR). After the atrocities committed in World War II this seemed like a positive step for ensuring acknowledgement and respect for the rights and freedoms of all people. However, the means of enforcing human rights is not a straightforward process. In response to ratifying the ICCPR, Australia set up the Australian Human Rights Commission. However, after a number of failed attempts, it has not followed through with implementing a

The United Nations do multiple things such as following the devastation of the Second World War, with one central mission: the maintenance of international peace and security. The UN does this by working to prevent conflict; helping parties in conflict make peace; peacekeeping; and creating the conditions to allow peace to hold and flourish. These activities often overlap and should reinforce one another, to be effective. The term “human rights” was mentioned seven times in the UN's founding Charter, making the promotion and protection of human rights a key purpose and guiding principle of the Organization. In 1948, the Universal Declaration of Human Rights brought human rights into the realm of international law. Since then, the Organization has diligently protected human rights through legal instruments and on-the-ground activities. The united nations are a great group of people who are looking out for us ever since Canada has joined this group they have been able to make an impact such as. Today, Canada continues to uphold the UN by actively participating in the organization's activities and providing financial support. Canada consistently brings pragmatic ideas and solutions to the table, from peacekeeping proposals in the 1950s, to creating the International Criminal Court and banning landmines in the 1990s. Today, some of their current goals are to assist war-affected children, or to improve the UN’s management and

Many Canadians of the 21st century still often wonder, was the creation of the Charter of Rights & Freedoms a mistake? It is believed that the Charter 's creation was a significant benefit as it guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of government. However, many believe the Charter makes Canada more like the United States, especially by serving corporate rights and individual rights rather than group rights and social rights. Also, there are several rights that should be included in the Charter, such as a right to health care and a basic right to free education. With this, by guaranteeing certain political rights and civil rights to every Canadian citizen, it is evident that the creation of the Charter of Rights & Freedoms was not a mistake, and was truly a benefit to all Canadian citizens for many important reasons. One important reason is that Charter guarantees all Canadians their legal rights as it promises rights of people in dealing with the justice system and law enforcement are protected. In addition with the guarantee of Canadians legal rights, is their language rights which is to assure people have the right to use either the English or French language in communications with Canada 's federal government and certain provincial governments. As well as guaranteeing all Canadian 's equality rights to promise equal treatment before and under the law. The

The Charter of Rights and Freedoms was constructed to replace the Bill of Rights, 1960. In the 1960’s-1970’s Quebec was extremely discontent with being apart of Canada due to the language barer and being a minority. Many citizens in Quebec even wanted to separate themselves from Canada and form their own nation. Prime Minister Pierre Trudeau decided that the new charter in order to ensure the rights of people residing in Quebec. In order to do this Trudeau had to create an amending formula for the British North-American Act. This would grand Canada its independence from Brittan. After gaining independence Pierre Trudeau also included the new Charter of Rights and Freedoms. This charter created a great amount a controversy among many

This essay will argue the reasons behind the notwithstanding clause remaining within the Canadian Charter of Rights and Freedoms. In this paper, I will provide reasons as to why the clause should be kept within the Charter beginning with the arguments that it is an essential element in critical policy decisions being made by politicians and it 's hard to remove which requires the amending formula to be used if changes are to be made. On the other side, its use in policy can create grave and problematic judicial activism in the eyes of those who oppose it. In the next few paragraphs, I will define my terms, introduce a brief history of the charter and the notwithstanding clause and describe the positions from both sides regarding its use,

The Charter of Rights and Freedoms is a bill of rights granted constitutional status that was introduced in the Constitution Act of 1982 by Prime Minister Pierre Elliot Trudeau. The Constitution Act is also known as the repatriation of the Canadian Constitution. The Charter had several purposes; the first is “to outline and guarantee the political rights of Canadian citizens, as well as the civil rights of anyone who is residing on the territory of Canada” (The Canadian Charter. 1). Secondly, “It balances the rights of legislatures and courts through the ‘notwithstanding’ clause, which gives the federal and provincial parliaments limited powers to override court decisions “, while section 2 of the bill enshrines the freedom of the press, allowing the media to release controversial reports without fear of the state (Ibbitson. 2012). thirdly, it criminalized discrimination in society, government rulings and the judicial system and provides a set of ethical principles for all Canadians to follow, while promoting equality throughout the country.

The Charter of Rights and Freedoms is part of Canada’s written constitution called the Constitution Act in 1982 it was the second main aspect of the Act and it guaranteed fundamental, democratic, legal, egalitarian, and linguistic rights and freedoms against government intrusion, it imposed formal new limitations on the governments in interaction with its citizens. The charter has made society more equitable for visible minorities through its use of its Fundamental Rights and Freedoms and Section 15 which say that every individual is equal before and under the law and has the right to equal protection and benefit of law without discrimination, but does the Charter really represent Canada’s egalitarian society or are we just saying we care without actually taking action. In this paper it will be shown that the Charter of Rights and Freedoms has not made Canadian society more equitable and will discuss the right side and the left side of the debate, while agreeing with the left sided critiques. The right winged perspective on the Charter argues that the groups are not seeking equality, but, instead, are asking judges to grant them political advantages through favorable Charter decisions ( Smithey, S. I., 2001, p. 2) while the left winged perspective is the Charter not only does not go far enough, but actually retards egalitarian progress in Canada and that the Charter is essentially a classically liberal document designed to constrain state action rather than to require the

The phenomenon of entrenching the Charter of Rights and Freedoms is not new to Canadian citizens, but it is a notion that is perceived in several ways. Many view it as a feature that disregards the fundamental right to democracy, an integral part of Canada’s political system. A functioning democracy is an important factor in providing citizens with the utmost rights and freedoms deserved. Society’s full potential is not being achieved if there are individuals who believe their principle of democracy is being violated. This violation nonetheless, true or not, should not be ignored.

Prime Minister Pierre Trudeau was establishing the renowned Charter of Rights and Freedoms. Since the three decades of being established, the Charter of Rights and Freedoms has protected the individual rights and freedoms of thousands of Canadians. The Charter of Rights and Freedoms has become a part of the national identity and has become a big patriotic symbol for the country. The Charter of Rights and Freedoms is the document the truly separates Canada from all the other powerful nations and is really something that Canadian take a pride in. The Canadian Charter of Rights and Freedoms brings up many questions, but the biggest and most common question is how effectively does Canada’s Charter of Rights and Freedoms protect your individual rights? To exactly know how effectively it protects your rights you can look at situations where it has protected and has not protected the rights of Canadians. Within the Middle East, the largest population of the men and women are Muslim. The Muslim religion suggests that women wear a veil or hijab, which is a headscarf that only exposes a woman’s eyes, accompanied by a burqa, which is a full body cloak. The sole purpose of the clothing is to cover a woman’s feminine features from men’s eyes. The Quran, an Islamic scripture, supports and slightly obligates the uniform by saying that women are to be conservative, “let them wear their head covering over their bosoms, and not display their ornaments” (Quran). It could be inferred that women

The Charter of Rights and Freedoms is part of the Constitution and it was added to the Constitution in 1982. The Constitution has many laws about the essential guidelines one must follow in our country. It also governs how the government/ organizations should treat their citizens. The Charter allows the citizens and newcomers to feel like they are appreciated and also safe. However, there are situations where the Charter cannot protect you. The Charter can be stretched and can be looked at from different perspectives which is why these cases are very controversial. In Canada, we have many levels of courts so if someone was rejected by a lower court, they can appeal to a higher one. Cases that include an individual that feels as if their rights haven’t been respected take months because the appeal to present their case in front of a higher court can take weeks. It is the understanding of the individual that the if he/she brings a case to the court, they will win because courts are equal and unbiased but when that is not always the case. There are many cases when the judge cannot decide because both the challenger and the law are correct. In today’s society, equality issues are ever growing, these cases are brought based on section 15 of the charter that promises Canadians are fair and equal trial regardless of the differences. Decisions are very tough, so they are usually made on the grounds of evidence, statutes and precedent cases.

　　Figure 1. A simplify list of human rights created and accepted as an international issue after the Second World War

Articles 1, 55, and 56 are the center pieces for promoting and protecting human rights. During the cold war humanitarian intervention went stagnant because the two superpowers who were facing off (US & Russia) were at odds about ideology and this caused world peace to be thrown into turmoil. The UN was very new and did not have the international legal clout to stop either superpower from promoting its system of governance through invasion or indirect military support. The Cold War caused social, economic, and political upheaval globally which allowed for the UN to revise its interpretation of humanitarian intervention. This allowed for a larger consensus among nations about which circumstances required intervention. From 1945 to 1976 five major human rights documents were adopted; The Universal Declaration of Human Rights, Genocide Convention, Geneva Convention, Laws of War, International Covenant on Civil and Political Rights, and the International Covenant on Cultural Economic Civil Rights. The end of the Cold War “liberated the UN which had established 20 new peace keeping missions from 1988-1993, more than it had taken in its entire 40 year history.” (Taha, 14) The major developments of the 1990‘s for international humanitarian

Having human rights in place imposes certain obligations on the government and justifies the complaints of those whose rights and freedoms have not been respected. Everyone is entitled to human rights regardless of their nationality, gender, race, religion, or political opinion. The failure to recognize these rights results in conflict and a vicious cycle of violence as more human rights are violated. To avoid such clashes, human rights have become a fundamental part of global law and policy. However, they have not always been that way. Catastrophic events in history that claimed thousands of lives ran their vicious course before it was recognized that there had to be human rights established. The most famous example of genocide is the Holocaust, which killed around six million Jews. After the Holocaust, the United Nations recognized that there had to be human rights put into place. Two human rights from the United Nations’ “Universal Declaration of Human Rights” that were perversely violated during the Holocaust are Article 5 (the protection against inhumane treatment or punishment) and Article 25 (the right to a standard of living.) Light is shed upon the exploitation of human rights during the Holocaust in both Night by Elie Wiesel and The Sunflower: On the Possibilities and Limits of Forgiveness by Simon Wiesenthal. The Holocaust was a devastating event that opened our eyes to just how cruel humans can be, and why human rights must be enforced and protected.

The supporting and advocating on behalf of human rights has been one of the primary principles of the United Nations. Since its founding in 1945, the United Nations has worked to preserve the basic human rights and fundamental freedoms it believes to be deserved of by every man, woman, and child on the planet. Throughout the near seventy years of the United Nations’ existence, it has been challenged with an array of questions, events, and claims regarding the possible violation of human rights. In order to combat these claims, the body has established two organizations to deal with matters of human rights. The first being the Commission Human Rights, was the original organization, founded in 1946. The Commission existed