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II. International Protections

The Supreme Court of Canada has indicated that the values and principles enshrined in international law constitute part of the legal context in which legislation is interpreted and applied.[4] Additionally, human rights commissions have been identified as key institutions in implementing and protecting international human rights standards.

V. Homelessness and economic and social rights

Groups that have experienced historical disadvantage and who are protected under the Code are more likely to experience low social and economic status. Poverty is linked with inequality, particularly for women (especially single mothers and older women), Aboriginal persons, racialized persons and persons with disabilities. A person’s socio-economic status is highly relevant to his or her housing situation. It will dictate the type of housing available, the likelihood he or she will get the housing that he or she is seeking and may contribute to his or her treatment as a tenant.

International documents

Article 25 of the Universal Declaration of Human Rights[28] states that ”Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection”. Article 16 further states that “The family is the natural and fundamental group unit of society and is entitled to protection by society and the State”.

4. FGM in Canada

For some time now, Canada has experienced immigrant and refugee movements from countries in which FGM is commonly practised. In Toronto, community groups have estimated that there are 70,000 immigrants and refugees from Somalia and 10,000 from Nigeria, countries in which FGM is commonly practised.[22] As already noted, because of the nature of FGM, reliable statistics on the incidence of its practice are not available.

3. FGM: an internationally recognized human rights issue

3.1 International policy and law

FGM has been condemned by numerous international and regional bodies, including the United Nations Commission on Human Rights, the United Nations International Children Emergency Fund (UNICEF), the Organization of African Unity and the World Medical Association. In addition to the broader issues of health and human rights of the child, FGM is gender-specific discrimination related to the historical suppression and subjugation of women that is unique to women and female children.