In addition, Article 7 provides that “[n]o person shall be subjected to torture or to
cruel, inhuman or degrading treatment or punishment.”
The Human Rights Committee has commented that “prolonged solitary
confinement of the detained or imprisoned person may amount to acts prohibited
by article 7.”105 The conditions for FSW designated maximum security amount to
de facto segregation, as set out earlier in this paper. The fact that these
conditions continue, and the fact that Madam Justice Arbour’s recommendations
concerning judicial oversight of the use of segregation have not been
implemented, are evidence of CSC’s failure to adhere to Article 7.
Canada has signed an Optional Protocol to the CCPR, which provides a
complaint process which can be used by those whose Covenant rights have
been breached.
iv) Convention on the Elimination of Discrimination against Women
Amnesty International106 and the Canadian Feminist Alliance for International
Action107 rightly concluded that CSC is in violation of Articles 2 and 3 of
CEDAW:108
105. |
Office of the High Commissioner for Human Rights, CCPR General Comment 20 concerning
prohibition of torture and cruel treatment or punishment (Art. 7), 54th Session (1992). |
106. |
Supra, note 21. |
107. |
Supra, note 22. |
108. |
Convention
on the Elimination of Discrimination Against Women, GA. Res.
34/180, UN GAOR, 34th Sess. (Supp. No. 46), 19I.L.M. 33, Can.
T.S. 1982 No. 31, (concluded 18 December 1979m; in force for Canada
9 January 1982):
Article 2:
State parties condemn discrimination against women in all its
forms, agree to pursue by all appropriate means and without delay
a policy of eliminating discrimination against women and, to the
end, undertake:
(a) to embody the principle of the equality of men and women in
their national constitutions or other appropriate legislation…
(b) to adopt appropriate legislative and other measures including
sanctions where appropriate, prohibiting all discrimination against
women;
(c) to establish legal protection of the rights of women on an
equal basis with men and to ensure through competent national
tribunals and other public institutions the effective protection
of women against any act of discrimination;
(d) to refrain from any act or practice of discrimination against
women and to ensure that public authorities and institutions shall
act in conformity with this obligations;
(e) to take all appropriate measures to eliminate discrimination
against women by any person or organization or enterprise;
(f) to take all appropriate measures, including legislation, to
modify or abolish existing laws, regulations, customs and practices
which constitute discrimination against women;
(g) to repeal all national penal provisions which constitute discrimination
against women.
Article 3:
State parties shall take all fields, in particular in the political,
social, economic and cultural fields, all appropriate measures,
including legislation, to ensure the full development and advancement
of women for the purpose of guaranteeing them the exercise and
enjoyment of human rights and fundamental freedoms on a basis
of equality with men. |
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