Canada violates the rights of federally incarcerated women inmates under Articles 2 and 3 of the Convention by treating women prisoners incarcerated in federal institutions in ways that are inhumane and that deny to such women respect for their inherent dignity.

Both the reports of the Canadian Feminist Alliance for International Action and Amnesty International highlighted the systemic issues and discrimination discussed in the background section of this paper, as examples of the violations of Articles 2 and 3.

Canada has recently ratified the Optional Protocol to CEDAW, an act for which the Canadian government should be commended. However, rather than waiting for FSW to bring complaints concerning discriminatory treatment to this international treaty body, the Canadian Human Rights Commission must highlight the reality that CSC has an obligation to remedy the known discrimination without resort to adjudication under CEDAW.

v) Convention Against Torture

There is both a Convention against torture and other inhuman or degrading treatment and a Declaration. Canada is a signatory to the Convention:

Convention Against Torture and Other Inhuman or Degrading Treatment or Punishment Adopted and opened for signature, ratification, and accession by General Assembly resolution 39/46 of 10 December 1984 entry into force 26 June 1987 in accordance with article 27(1).

Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Adopted by General Assembly resolution 3452 (XXX) of 9 December 1975.


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