Freedom from poverty as a human right (legal perspective) - Research Paper Example

? Freedom from Poverty as a Human Right Freedom from Poverty as a Human Right (Legal Perspective) The standard of life in Canada makes it ranks among the developed countries. Despite some steps that it has made, specialists argue that poverty is a threat that Canadian government has not been able to stump. Debates on standards of living usually incline on how best the country has been able to make economic strides while forgetting to look at ways of stumping out poverty. A renowned public figure Adlai Stevenson argued that freedom ceases when a man does not have the ability to curb his hunger. From this perspective, poverty is an issue that infringes human rights. This statement is believable because poverty is the genesis of all problems that man would ever imagine. Poverty survey index in Canada stands at 3.5 million people. Further, the survey report indicates that poverty is currently increasing among the following groups of people youths, young families, workers, immigrants, colored people, and aboriginals. UN Development Index ranks Canada at 4th position, however measuring poverty among Canadian Aboriginals would rank it at position 78 in the same index. This observation is appalling because Canada has had good credibility in economic growth. Organizations fighting for human rights have categorized poverty among factors that deprive man of his rights (Langer, 2007). The perspective that human rights watch takes intends to create awareness. It is important to note that awareness creation leads to policy development. From this approach, the Canadian government can be able to work some modalities, which would help its citizens from this menace. Argument posted by the Canadian human right watch indicates that Canada has not been able to conclusively some human rights thus permeating room that breeds poverty. It is evident that poverty does exist because of repressive laws, which give opportunities to a few while discriminating upon other groups. Social rights, political rights, civil rights, and economic rights form part of Universal Declaration of Human Rights (Canada Parliament House of Common, 2008). These rights influence poverty level in any given community. For instance, violation of social rights such women rights to work would contribute to poverty because it deprives women the opportunity of working in order to elevate poverty. The argument of human rights groups thus point to the legal perspective in fighting poverty. The assumption is policy development in the country depend on the government priority areas. In essence, the government has the ability to devise policy that would support this course of humanity. Pointers of human right achievement subject the country to be among those that fail to observe human rights because its policies on poverty eradication have yielded very little (Kotlowski, 2001). Socialists claim that some human rights may require sensitization in order for the society to realize them (Jacob, 2007). However, it is important to identify the impact of the rights sensitization process before embarking on the program. Active participation in quest for human rights has helped many countries and communities to realize those rights. It is arguable that when the society takes on the right quest the government would be able to enact policies, which would make people to acquire the rights. For instance, the quest for human rights in Canada with regard to poverty bite has to take a legal perspective form. This claim is due to partial compliance with the international human rights treaties that Canada is a party. When addressing poverty in Canada, the key assumption in this argument is that poverty is among human right violation. This would take us to types of human rights. Advocates for human dignity have defined human rights as provisions that are legally binding, guaranteed by laws recognized by international community, of the people administered through the state. This description takes us to three types of human rights political and civil rights, social, economic, and cultural rights, and third generation rights. Political and civil rights protect or advocate for freedom of an individual against violation by private organization or by the government (Chen, 2009). Examples in this category include rights against discrimination in terms of disability, gender, and nationality among others. The second category is social economic and cultural rights, which include the right to education, employment, and security in the social set up. The last category is third generation rights, which advocate for development and healthy environment. Experts believe that human rights affect individual rights either negatively or positively. Theory of negative and positive rights argue that negative rights root for non-interference of an individual’s freedom as projected by the political and civil rights (Conte & Burchill, 2009). It is arguable that negative rights influence the action of the government to let an individual speak or perform things that he or she may please. Positive rights give benefits to humanity as projected in social, economic, and cultural rights. For instance, right to acquisition of education benefits the individual who gets the opportunity to acquire education. It is important to note that both negative and positive rights are essential to an individual the concerning debate against poverty. It both cases the government has a stake to play. For example, the government should give protection against negative rights and provide positive rights. Canadian Charter of Rights and Freedom Provisions of rights and freedom in the Canadian Charter address issues, which affect human rights. Equality rights provided in the Charter seek to provide protection to individuals with regard to natural laws. Freedom and rights addressed in this category include protection by the law against discrimination. The charter defines discrimination in terms of ethnic background or nationality, physical or mental incapacitation, age, and color (Ontario). The provisions in the equality law project the same provisions advocated by political and civil rights law. Largely, human rights in this category seek to preserve human dignity in respect to the existing laws. It is observable that the laws provided on the equality chapter go a head to define the nature of protection that a Canadian should enjoy. Arguably, this gives the chapter the full protection it should accord to individuals when protecting their rights. For instance, affirmative action spelt by the charter indicates or gives guidance on the extent to which the law should provide protection. Another important point on the Canadian charter concerning human rights is that it defines benefits that Canadians should get from the law (Tierney, 2007). The argument here is that the law does not only provide protection, but also promote actions, which benefits the citizens. The debate on poverty explores the provisions of the laws as provided in Canadian Charter and prevailing conditions in the society. A critical analysis of the charter indicates that respect for human right is a priority in Canadian administration. It is evident that the charter guarantees the provisions provided in the law. Ontario Human Rights Code The Ontario Human Rights Code contains six parts, which address issues, which affect human dignity in one way or the other. Part one of the code has provisions, which argue about freedom from discrimination. This part exhausts all manner of discrimination that an individual is likely to face in the society. For instance, advocacy on equal treatment gives an opportunity to individuals to pursue their interest in the society irrespective of color, sex, religious affiliation, marital status, origin, ethnic origin, and age (Ontario Human Rights Commission, 2001). Employment and issues touching on employment are some of the issues that this part addresses. Part two of the code deals with interpretation of provisions in part one. For instance, it defines the age acceptable by law to acquire employment. Further, it defines what disability means as per the provisions in part one. It is arguable that provisions of part two gives in-depth explanation on how to address the freedoms of humanity. Part three of Ontario Human Right Code talks about the commission of human rights in Ontario. The part defines the composition of the commission, the mandate of the commission, policies that guide the composition of the commission and powers vested on the commission concerning inquiry. Largely, the definitions provided in this part define the how the commission should discharge its duties. The fourth part of the Ontario Human Rights Code is Human Right Tribunal of Ontario. In this part, the code defines the composition of the tribunal, remuneration of its serving officers and other issues dealing with the tribunal such decisions of the tribunal. Other than the tribunal, the fourth part of the Ontario code has Part IV 1, which deals with issues of Human Right Legal Support Centre. In this part, the provisions provided the composition and mandate of the support centre. Part of Ontario code address general issues as provided in Ontario code. Part VI is last segment of Ontario code. The part, Transitional Provisions defines how to address issues in the code. Ontario Human Rights Code should include rights addressing poverty because it violates rights and dignity of humanity. Inclusion of a clause that addresses poverty in the code would give a different approach to poverty fight in Ontario. For instance, a policy addressing methods of tackling poverty would stimulate the concerned parties to play there role in eliminating poverty among the poor. When the government provides education, it influences poverty level by reducing its prevalence. Freedom from poverty as a human right included in the Charter Canadian charter provides provisions of law that aim at protecting an individual from adverse life. It is arguable that some Canadians live in poverty, yet the provisions in the Canadian charter uphold. This is where the issues of violation of human right would crop. It is quite difficult to believe that in the same country where the world feel to be a better place to live have people groaning in poverty. The right to equality does not provide for existence of poverty in Canada. However, the interpretation of this right seems to be different. Poor people in Canada have to accept that the right to security and equality protect and serve their interest. Rights to security and equality should protect the Canadian poor from hunger (Lawson, 2011). It is apparent that the Canadian poor do not enjoy the benefits of these freedoms when the nation is not able to show interest in protecting and serving the interest of the poor people. Human rights advocates believe that Canada has violated the rights of the poor thus permeating an environment that leads to poverty. Human beings lose their security at any moment when poverty bites. For instance, what freedom would hungry man enjoy in a country that offers freedom against humanity. Poverty defines the kind of action an individual is likely to take in combating the same. Canadian charter addresses poverty by defining freedom of acquisition of security, life, liberty among other provisions. Arguments for Freedom from Poverty as a Right Rights against poverty are legal rights because poverty interferes with normal operations of humanity. Right to life does not exist when one is hungry. Further, poverty does not promote human existence. Instead, it leads to extinction of humanity. The gravity that the poverty issue should take in the society should commensurate to the value of human life. Human dignity depends on the kind of life that an individual leads. Poor individuals do compromise their lives because they do not have an alternative that would change their predicament. This is in contrast with the provision in the charter and the international law. Laxity on government’s side is a factor that has caught the international community (Unesco 2007). It has necessitated formation of commissions, which have sought to fight for freedom from poverty. Apparently, these commissions have not been able to hit a mark that would change the face of the society. For instance, Ontario human rights code is part of the war against devastating effects of poverty. Poverty biting the human race does not occur in isolation. A number of factors fabricated leading to poverty. For instance, right to education provided in the charter intends to give equal opportunity to individuals in order to achieve education. This right is a positive right and the government has an obligation which ensures that an individual acquire education (Young, 2007). On the other hand, education has an influence on acquisition of employment. These two rights are inseparable because employment right depends on the level of education. Further, poverty level would depend on employability of an individual. It is arguable that equality rights would provide equal opportunity for education and employment. This would influence prevalence rate of poverty in the Canadian society. This argument demands the government involvement in reducing the rates, which prohibit acquisition of education, or factors that influence acquisition of employment. The disadvantaged groups or communities in Canada succumb to poverty because of discrimination that exists in the nation (Porter & Jackman). It is evident to point out the above statement because one would wonder how poverty level would prevail among the disadvantaged groups if the government or the body concerned has been able to address the issue. Figures of child death in Canada indicate that many children who die in Canada belong to the Canadian poor. Further, the Canadian poor die leaving their children because of the prevalent conditions that they experience. The right to life is at stake because conditions that favor life are wobbling. It is quite unfortunate that a child that belongs to a Canadian poor is likely to succumb death because the right to life provided for in the charter does not apply following the death of her or his parents. In essence, the child might succumb to death if appropriate checks are not in place. Another case that illustrates poverty as a deprivation of human dignity is a situation where poverty leads to criminal activities in the society. Many people have become criminals not because they intend to be criminals, but because the prevalent conditions demand the same. It is hard to believe, that the aboriginals in Canada lead a shanty life, which would reduce Canada development index by a large margin. When poverty level in the society goes beyond a bearable limit, a pauper might decide to commit civil or social crimes (Zaki, 2007). The later have adverse effects to the immediate society because the government or the authority might not be able to stump the ill intention that the hungry man would be willing to unleash into the society. It is evident that out the criminal activities that occur in the society poverty is a contributing factor. It is very hard to fight poverty from isolated ground. The inroads, which would lead to triumph in poverty war, must address other rights, which directly or in other ways affect poverty level in the society (Casimir, 2009). Experts believe that provisions the charter gives a defining to rights, which is able to protect the society against poverty (Brems, 2001). A case of the aboriginal communities indicates women participation in social economic issues that would lead to poverty elevation is still poor. The disadvantaged groups (Aboriginal) women do not acquire enough education that would lead to sustainable employment. Apparently, opportunities they get in the job market do not offer an advantage out of poverty. Alternatively, the cultural rights of these communities infringe women involvement in public service thus creating a room for poverty prevalence among these communities. It is important to note that poverty is a human right violation, which affects rights grouped as legal and some rights grouped under fundamental rights category. The debate on poverty has to identify the role of human right acts in stumping this problem. Formation of charter intended to protect basic and political rights of humanity (Casimir, 2009). Largely, addressing issues affecting the normal life conditions of an individual is the foundation of human right act. The act’s center role is to preserve and protect dignity of humanity. Unfortunately, Canadians trading in poverty have no choice since poverty does not indicate a preservation of human right. Legal rights in the Charter have provisions, which aim at stumping poverty. Ironically, poverty in Canada does not take a nose down on the account of these provisions. Observers have argued that Canada has propagated the deprivation of human dignity since it has been unable to protect rights of people concerning poverty bite. Law experts believe that interpretation of law by the Supreme Court does not support the provisions in the charter (Jackman). Arguably, this is harm to the charter on human rights because the underprivileged may not be able to acquire the rights. Implications of Freedom from Poverty as a Right Experts believe that instituting freedom from poverty among the rights recognized in Canada would change the standard of life of the 3.5 million poor people (Zaki, 2007). It is arguable that freedom will influence government and other concerned commissions on human rights to act. Judicial enforcement is eminent when the course taken to avert poverty in the society has a support in the charters of the country. The society can obtain a just remedy when the law dictates certain actions against the poverty conditions in the country. The argument by United Nations over the inaction by Canada to observe and protect the rights of the underprivileged based the argument on provisions of the legislation (Freeman, 2011). It is evident that socio economic gains in the society occur when the legislation supporting their course are up to date. Distinction between human rights categorized as positive and those categorized as negative is likely to occur when freedom from poverty form part of the charter. It is evident that in both cases the government has an obligation to do in discharging justice to the society. It has been an observable trend that Canada has failed to observe human rights provided international law, and on its constitution, but has instead sought to use provisions provided by courts and tribunals (Welch, 2001). It is arguable that the society is likely to see a change of trend when the government enacts this freedom. A probably change that the society is likely to witness is that the underprivileged are like to seek redress in court over their condition. In the past, court cases concerning poverty have met interpretations based on tribunals. This has often deprived the freedom as provided in internal human rights. Surprisingly, Canada is a party to the international law. A report by international community of jurists alludes that many countries have constitutions, which give clear definitions concerning the extent of coverage they offer to human right protection (Unesco, 2007). Notably, many of these constitutions, Canada, included do not embrace the spirit of the institution. Largely, the report criticizes the approach given to poverty given that a big disparity exists between the poor in the society and the rich. From the report, it is arguable that entrenching freedom from poverty right in human right charter would change the face of the war. It is also evident that the courts will force the government to take full control over this contention. Currently, lobby groups have raised issues in court, but have failed to secure justice because provisions in the charter and the tribunals on human rights hijack the provisions entrenched in the constitution. However, UN and law experts believe a change in the provisions would lead to a change in fight against poverty (Bouchard & Raynault). The society is likely to change when freedom from poverty law gets its root. Some law experts argue that the tools used by the government in the past would be toothless. Thus, the society will have the chance of challenging government efforts concerning their life conditions. In addition, it is apparent that strategic approach taken by commissions dealing with the issue would elevate the priority of the government concerning the rights of the underserved in Canada. Reduction on estimates on death rate among the Canadian poor is an impact that analysts have observed. The point is that when the government takes a measure on health among the Canadian poor, the number of children or poor claimed by it would reduce (Unesco, 2007). The same notion applies to education and security rights. All aspect of legal rights would change the lifestyle of the parties involved. In summary, poverty prevalence in Canada influences the lives of the underprivileged communities such as the aboriginals, immigrants, starting families, youths among others. Reports on the prevalence rate alludes that Canada has recorded an increase in poverty rate among the Canadian underprivileged community. Argument by international human rights watch claim that poverty is a situation that deprives human rights. Provisions in the international human rights law provide the base of all laws of humanity in various countries. Largely, Canada is a part of the international community. Canadian charter provides provisions, which addresses rights against humanity. In the charter, positive rights compel the government to promote the rights against humanity. Negative rights fight for non-interference with individual freedom. It is apparent that freedom from poverty right is among legal rights because it interferes with life. Canada has charter and tribunal, which spell freedoms that Canadian should enjoy. Further, Canadian constitution and international human right laws entrench provisions, which aim at protecting human rights. Surprising, underserved communities in Canada still suffer from poverty deprivation. Largely, the argument by international community claims that Canada has deliberately failed to protect some of her citizens from poverty. The notions believe that laxity on the part of the government to enact provisions protecting unprivileged communities is lack of government goodwill (Bouchard & Raynault). It is evident that Canada has in the past used tribunals such as Ontario tribunal on human rights to address issues of poverty in the Canadian society. However, it has not been able to control the escalating figure of people trading in poverty. Finally, it is apparent that entrenching freedom from poverty law would change societal face. References Bouchard, C. & Raynault, M. The fight against poverty: A model law. Retrieved on 4 Mar 2012 from http://www.ccsd.ca/pr/2003/cb.htm Brems, E. (2001). Human rights: universality and diversity. Boston: Martinus Nijhoff Publishers. 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