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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