1998•Netherlands Quarterly of Human RightsRequires access

Canadian Ratification of the American Convention on Human Rights

William A. Schabas

Open publisher page 19 citations

Abstract

When Canada joined the Organisation of American States in 1990, it promised that it would ratify the American Convention on Human Rights in short order. Eight year later, Canada has still not taken this step. Although the provisions of the Convention largely reflect those of other human rights treaties, to which Canada is a party, a few serious and several rather petty objections have been raised to certain provisions. The most important concerns the right to life text, which suggests limits on the possibility of legalising abortion. But on this point, and others, Canada may enter reservations to the Convention. Although this solution is not ideal, in the long run it is less damaging to Canada's human rights profile, and to the health of the inter-American system, than the continued refusal to participate in Convention system.

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What this paper is about

When Canada joined the Organisation of American States in 1990, it promised that it would ratify the American Convention on Human Rights in short order. Eight year later, Canada has still not taken this step. Although the provisions of the Convention largely reflect those of other human rights treaties, to which Canada is a party, a few serious and several rather petty objections have been raised to certain provisions. The most important concerns the right to life text, which suggests limits on the possibility of legalising abortion. But on this point, and others, Canada may enter reservations to the Convention. Although this solution is not ideal, in the long run it is less damaging to Canada's human rights profile, and to the health of the inter-American system, than the continued refusal to participate in Convention system.

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Available abstract

When Canada joined the Organisation of American States in 1990, it promised that it would ratify the American Convention on Human Rights in short order. Eight year later, Canada has still not taken this step. Although the provisions of the Convention largely reflect those of other human rights treaties, to which Canada is a party, a few serious and several rather petty objections have been raised to certain provisions. The most important concerns the right to life text, which suggests limits on the possibility of legalising abortion. But on this point, and others, Canada may enter reservations to the Convention. Although this solution is not ideal, in the long run it is less damaging to Canada's human rights profile, and to the health of the inter-American system, than the continued refusal to participate in Convention system.

Key concepts: Ratification, Convention, Human rights, Law, Political science, Abortion, Order (exchange), Ideal (ethics)

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