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Economic
Human Rights
What comes to mind when you hear the words 'human rights'?
Heart-wrenching stories from victims of torture and trauma,
judges at the International War Crimes Tribunal, television
footage of war and pillage, the work of Amnesty International?
What about economic human rights?
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Human rights defender Josephine Grey says, "For most
people in North America, human rights are a distant problem
faced by people in other countries." We tend to think
of human rights abuses as basic violations to life - war, rape, genocide.
Some of us also think of human rights violations as employment
discrimination on the basis of race or gender, or barred access
to public buildings on the basis of ability. These are certainly
human rights violations! But there are other more subtle human
rights violations that take place everyday even in our seemingly
wealthy and peaceful Canadian society.
Not many of us have taken the time to think about the right
to an adequate standard of living as a human right. The right
to a life free of poverty. The right to fair participation
in the economy. What about the right to the means to care
for one's children? Food? Shelter? Don't we all deserve those
things? Too often poor people are blamed for their own poverty:
she didn't work hard enough, he made bad choices, she got
pregnant when she shouldn't have. But no matter what our income
or ability we all contribute to this world we share and therefore
we all have a right to share in its richness. There is a growing
movement calling for full recognition of these economic
human rights.
There are numerous United Nations Agreements that support
economic human rights. These include the
Universal Declaration of Human Rights, the Covenant
on Economic, Social, and Cultural Rights, and the Convention
on the Rights of the Child. Unfortunately, these are not
generally well-known documents - many of our political leaders
are not even aware of these agreements and the responsibilities
that they entail. In Canada we have tended to assume that
the free market can create a world in which all have their
basic needs met so often we haven't considered economic, social,
and cultural rights.
But poverty is rising across Canada and across the world.
Millions of people around the world do not have access to
the basic necessities of life such as food and shelter. And
despite human rights language that promises special treatment
to women and children, these groups remain among the majority
of the poor. Of the world's 1.5 billion people living in absolute
poverty, 70% are female.
Fortunately, more and more citizens are recognizing the economic
human rights violations that are taking place all over the
world, violations ignored by most governments. International
agreements are a powerful tool to be used to challenge current
economic structures and demand economic human rights for all.
The following are a few examples of people demanding economic
human rights.
The Ontario People's Report
In
1998 it was Canada's turn to report to the Committee on Economic,
Social, and Cultural Rights. Not trusting their government
to truthfully report on the country's implementation of this
Covenant, representatives from non-government organizations
(NGOs) took it upon themselves to challenge Canada's violations
of economic human rights, preparing their own presentations
to the UN Committee on Economic, Social and Cultural Rights
in Geneva. Human rights defender Josephine Grey and others
coordinated, authored and presented the Ontario People's
Report which detailed how the governments of Canada and
in particular Ontario, have contravened every major article
of the International Covenant on Economic, Social and Cultural
Rights. The 18 committee members - experts from around the
world - were shocked at this report and others, and unsatisfied
with the government delegation's meagre attempts to defend
their country. In their concluding
declarations, the Committee said:
In addressing the budget deficits by slashing social
expenditure, the State Party has not paid sufficient attention
to the adverse consequences for the enjoyment of economic,
social and cultural rights by the Canadian population as a
whole, and by vulnerable groups in particular.
The Committee then detailed 28 other criticisms of Canada's
implementation of the Convention and provided 20 recommendations
for reparation for these abuses. While the committee's recommendations
are not legally binding, Canadian government officials were
greatly embarrassed at this international disclosure. For the
committee's full report visit the Concluding
Observations of the Committee on Economic, Social, and Cultural
Rights 1998.
Kimberly Rogers and Louise Gosselin
Canadians are also using
their own Canadian
Charter of Rights and Freedoms to demand their economic
human rights at home. Two significant cases involve Kimberly
Rogers and Louise Gosselin.
In August 2001, Kimberly Rogers was found dead in her apartment
in Sudbury, Ontario during a heat wave. Ms. Rogers was forty
years old, destitute, eight months pregnant, and under house
arrest for welfare fraud. The temperature in her apartment
was 34°C. Several months before her death Ms. Rogers admitted
to having accepted student loans while being on social assistance
- recently made illegal by Ontario's Conservative government.
As a result, she received a lifetime ban on welfare, was ordered
to pay back most of the money, and ordered to serve 6-months
of house arrest. In response, she filed a lawsuit challenging
the welfare ban as unconstitutional and a violation of the
Canadian Charter of Rights and Freedoms. Ms. Rogers died before
the ruling took place.
Since her death, many other organizations and individuals
have picked up the work begun by Ms. Rogers. There were immediate
calls for an inquest into her death which began in October
2002. Women's organizations, anti-poverty groups and others
testified that Ms. Rogers' death was unnecessary and unjust
and demanded that policies be reversed in order to ensure
that all have access to the basic necessities of life. To
find out more about the case and its conclusion visit Justice
with Dignity: Committee to Remember Kimberly Rogers.
Fifteen years before Kimberly Rogers filed her lawsuit, a
27-year-old Montreal woman named Louise Gosselin, launched
a similar suit against the government of her province. Ms.
Gosselin challenged the 1985 Quebec law (which is no longer
law) which allowed that welfare recipients without children
who were under the age of 30 received substantially less than
recipients over the age of 30. She was made to survive on
only $163 per month at a time when a one-bedroom apartment
cost at least $320. As a result Ms. Gosselin was forced to
endure homelessness, occasionally exchanged sex for food or
money, and spent a winter in an unheated apartment. Ms. Gosselin
also used the Canadian Charter on Rights and Freedoms in her
case. Unfortunately, in December 2003 the Supreme Court of
Canada ruled against Ms. Gosselin's case. This was a bitter
loss. However it is worth noting that 4 out of 9 Supreme Court
judges voted in her favour.
Poor People's Economic Human Rights
Campaign
While change is a long time coming, the work of the courageous
women who launched these actions is inspiring as well as hopeful.
So are the actions of people working outside of the courts.
In the United States, the Kensington Welfare Rights Union
has put together a Poor
People's Economic Human Rights Campaign. One of their
main activities is an annual bus tour. Poor people from across
the country travel together from coast to coast, documenting
economic human rights violations to be presented at a tribunal.
While listening to stories, travellers also share their strategies
for change, strengthening relationships among poor people's
groups across the country.
A Manitoba Bill of Economic Rights
A Manitoba group has come up with yet another strategy to
demand economic human rights for all. On October 17, 2001,
the International Day for the Elimination of Poverty, the
Manitoba Coalition for Economic Justice launched a People's
Bill of Economic Rights - An Agenda for the Elimination of
Poverty. This powerful document sends a strong message
to both citizens and government that there are rights of which
all Manitobans are deserving, and sets a strong set of guidelines
which can be applied to the development of government policy
and programming within Manitoba and Canada.
Challenges to economic human rights violations are not simply
happening at regional and national levels. Many groups are
also working to challenge a global economy which paves the
way for economic human rights violations around the world.
It is becoming more and more clear that the world's wealthiest
countries benefit most from a global economy that favours
free trade and economic globalization. And rather than providing
more protection, free trade agreements like the North American
Free Trade Agreement (NAFTA) undermine government's ability
to protect national laws and standards. Visit Intro
to Globalization to learn more about this process. To
hear of one woman's dream for the globalization of human rights
rather than corporate rights, see Gisèle's
Story.
The language of human rights is catching on! We can help that
process by using phrases like 'economic human rights' when
talking about poverty - both in our communities and around
the world. We can also find ways to participate in the economy
that do not limit others' access to the system. Visit our
Alternatives for ideas like ethical
consumption and alternative food and money systems. And we
can work to remind our governments that, "Human rights
and fundamental freedoms are the birthright of all human beings;
their protection and promotion is the first responsibility
of Governments."1
It is up to all of us to start taking economic human rights
seriously - our own and those of the rest of the world. As
Josephine Grey puts it, "Human rights are not a special
interest group demand. Human rights
belong to everyone."
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Alternative
Budgets
Economic Human Rights
Community Economic
Development
Ethical
Consumption
Alternative
Money Systems
Alternative
Food Systems
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Economic Measures
Advocacy
Ethical Investment
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