ay in hHuman Rights- An Adequate Standard of Living.
An adequate standard of living can be defined as an individual being given the access to food, clothing and housing at a level high enough to sustain the health and well being of themselves(Murphy, Terry G.,2004). But how is an adequate standard of living obtained if a person does not have a job or money to afford the luxuries of a home or adequate food? Should an adequate standard of living even be considered a luxury, or should it be a right as a human? To be entitled to an adequate standard of living should be included in the human rights code in Canada. This paper will make reference to the Human rights code, the Charter of rights and freedoms and the Universal Declaration of human rights, and with the help of statistics; prove why an adequate standard of living should in fact be part of the human rights code in Canada. This essay will also explore why the government should be responsible for the protection of its citizens against hunger and homelessness in reference to the case of Louise Gosselin.
Poverty is a highly widespread issue throughout the world and our country with an estimate of almost 5 million people who are living below the poverty line. Unfortunately, it is mostly vulnerable groups who are more susceptible such as, youth, disabled individuals, single parents, racialized communities, and elderly people. A study from 2015 found that 4.8 million Canadians were living inadequately and nearly “1.2 million (nearly one in four) were children”(StatsCan,2017). Close to 15% of people living with disabilities also live in poverty, 21% of single mothers in Canada raise their children whilst living in poverty and 7% of single fathers raise their children in poverty, and 1 in 5 racialized families live in poverty in Canada(CWP,2018). Many disabled people have to fight barriers that increase their risk of living in poverty such as, the inability to work. Many single parents have to deal with low income and face tax cut-offs which can make providing an adequate standard of living for not only themselves, but also their children, very hard(Social Development Canada,2017). Each of these groups face their own struggles that contribute to their poverty.
Humans require certain things that are considered basic to life in any given society. These things are referred to as Human rights and include the right to equality of opportunity and religious freedom; intervention by the state or province is necessary when said rights require protection. The human rights code was first enacted in Canada in 1962. This code was enacted to interdict actions of discrimination based on a protected ground in a guarded social situation. Grounds that are protected under the human rights code include age, race, colour, and citizenship, place of origin, creed and disability. In addition, marital and family status, gender identity and gender expression, receipt of public assistance, record of offences and sexual orientation are also included. Protected social areas include housing accommodations, contracts, employments, goods, services and facilities and memberships in unions, trades or professional associations.
Based on the definition of human rights, and what grounds and social areas are protected under the human rights code, it can be proved that an adequate standard of living should be incorporated in the human rights code. Essentially, under the human rights code areas of, or that would make up an adequate standard of living are concepts that are already protected in the code. One of the social areas that are protected in the code is housing. Housing is one of the fundamental sources that allow an individual an adequate standard of living. Goods, services and facilities are another social area that is protected under the code. This would include clothing food and other resources needed to sustain an adequate standard of living. If these components are already included under the human rights code then it should be ensured that every individual has access to housing, clothing and food to sustain an adequate standard of living.
Within the Charter of rights and freedoms there is one aspect which stands out in respect to an individual having access to an adequate standard of living and being protected and granted those rights under the human rights code. Part One, section two of the Charter of Rights and Freedoms is the fundamental freedoms an individual has. This states that everyone has the following fundamental freedoms. Freedom of conscience and religion, freedom of thought, belief, opinion and expression. Also included is freedom of the press and other media communication. Freedom of assembly and freedom of association are also included under this section of the charter of rights and freedoms.
If all individuals are entitled to freedom of peaceful assembly based on the charter of rights and freedoms then I think it should be realistic to have access to an adequate standard of living included in the human rights code. If individuals are entitled to freedom of peaceful assembly, not having access to an adequate standard of living, including food, housing or appropriate clothing is therefore compromising the ideology that people should have the right to freedom of peaceful assembly. If a person is stressed about not having housing, or not having food then they are therefore not living a life of peaceful assembly. This also goes back to the fact that if an individual is stressed out their mental health and well being is also compromised which goes back to contradict the human rights idea that all individuals are entitled to basic rights in ahuman society. The right to a place to live and the right to meals to sustain an adequate standard of living are what should be a right to a human, not a luxury or something that needs to be tirelessly worked for.
The Universal Declaration of Human rights has many articles that can be used to further solidify the reasons why an adequate standard of living should be incorporated in the human rights code. Article 2 of the universal declaration of human rights explains how each individual is entitled to each and every right and freedom that are expressed in the declaration, without any kind of discernment, these include, ethnicity, skin colour, gender, spoken language, religious beliefs, political, or other opinion, national or social origin, property, birth, or any other status. It is evident that many of the people below the poverty line are recent immigrants, racialized communities, youth, single parents etc. These categorizations are in fact discriminatory and are therefore going against the Universal Declaration of Human Rights. Article 3 addresses each individuals right to life, liberty, and security of person. So that one may live their life freely and to feel secure one needs adequate living standards. Article 23(1) states that everyone has the right to work and as stated previously, people with disabilities are below the poverty line because they struggle with getting jobs. If a disabled person is able to work then they have the right to do so, however, if one cannot work to provide for themselves they should be provided with the means to survive.
The Gosselin case is a prime example of why individuals should be provided access to an adequate standard of living. In the late 1980’s in Quebec the social aid regulation in force during that time was challenged by a young woman named Louise Gosselin. Essentially, within this regulation, if an individual was less than 30 years of age, not currently attached to anyone else, and able to work said individual was eligible to receive a monetary value of $170 in social assistance per month. Louise Gosselin lived below the poverty line and was said to not have a change of clothes, food or shelter. This was obviously a problem when she began looking for jobs. Ms. Gosselin found herself engaging in prostitution to secure temporary food and shelter. Gosselin filed a class action case against the Quebec government after the Canadian Charter came into effect. She claimed that the current social aid regulation was unconstitutional and that the government should have paid damages to her and other young people who were affected by the reduced rate of social assistance. In the end Ms. Gosselin lost her case because the judge concluded that the reduced rate and employability programs were the proper way to handle the needs of individuals under 30.
Overall, the governments should be obligated to protect citizens from homelessness and hunger. The reason for this is because within the Human rights code, the Charter of rights and freedoms and Universal declaration of Independence rights as a human being are protected. Every human life deserves the right to an adequate standard of living including food, shelter and clothing because it is the humane thing to do. If the human rights code, the charter of rights and freedoms and the universal declaration of Independence are going to be laws that need to be followed then it should be followed by providing every human with an adequate standard of living. “Just the Facts.” Go to Canada Without Poverty., www.cwp-csp.ca/poverty/just-the-facts/.
“This Census in Brief Examines Children Younger than 18 Living in Low-Income Households in 2015. It Sheds Light on the Incidence of Low Income for Canadian Children of Different Ages, across Different Family Circumstances and Household Living Arrangements. It Also Provides Information on Child Low Income at Different Levels of Geography, Including Provinces, Census Metropolitan Areas and Census Agglomerations.” Table 1.a Proportion of Workers Commuting to Work by Car, Truck or Van, by Public Transit, on Foot, or by Bicycle, Census Metropolitan Areas, 2011, Government of Canada, Statistics Canada, 13 Sept. 2017, www12.statcan.gc.ca/census-recensement/2016/as-sa/98-200-x/2016012/98-200-x2016012-eng.cfm.
Social Development Canada. “Towards a Poverty Reduction Strategy – A Backgrounder on Poverty in Canada.” Canada.ca, Innovation, Science and Economic Development Canada, 27 Feb. 2017, www.canada.ca/en/employment-social-development/programs/poverty-reduction/backgrounder.html.
Murphy, Terry G. Dimensions of Law: Canadian and International Law in the 21st Century. Emond Montgomery Publications, 2004.