The law of the Inter-American Court of human rights: a modern obligation for Canada

The Inter-American Court of Human Rights, when addressed, has not been fairly evaluated in Canadian legal and political forums in the past few years. It has been labelled as " low standards" Court, "the Court of the poor," and the "Others' Court." However, in recent years, despite its limited resources, it has come to be one of the most powerful human rights superior courts in the world. While creating complex principles and taking on long debated issues, it has become a beacon for human rights in national courts, not only in member States subject to the American Convention on Human Rights but also for all the countries whose legal systems integrate universal human rights norms. The Court has established standards in various fields, has added character and tangible meaning to an often-theoretical concept, and has raised the bar for human rights throughout the Americas, making it, as well as the American Convention and its protocols crucial in the understanding of these rights. However, Canada has yet to adhere to the American Convention on Human Rights. The following article explains the main reasons for this and illustrates how the Convention would impact women in Canada. Canadian law, although well developed, would greatly benefit from additional protective measures to counter fundamental human rights violations. Our courts cannot remain private when it comes to interpreting and applying judicial norms concerning human rights, principles and underlying universal rights that the Convention integrates and protects in the inter-American legal system. The influence that politics, economy, and even geography have on interpretation and application can no longer be ignored. Creating a united front on the matter throughout the Americas is essential in order to legitimize government action in a modern democracy such as Canada.