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Polygyny and Canada’s Responsibilities under Overseas Human Rights Law

Polygyny and Canada’s Responsibilities under Overseas Human Rights Law


This section will outline the various rights of women and children that the practice violates under international human rights law in light of the harms to women and children associated with polygyny. Although the legal rights analysis right here involves individual liberties which can be by definition universal, it really is clear that simply while the harms of polygynous unions may vary in accordance with their context, therefore additionally may the legal rights violations. Dramatically, but, the ability to equality within wedding therefore the family members is violated by itself by polygyny regardless of social or context that is religious which it’s practised.

A. Overseas Treaty and Convention Legislation

The contextual concept, the thing and function concept, therefore the dynamic concept.134 in assessing Canada’s responsibilities underneath the different treaties that protect the liberties of women and kids, you can find four leading concepts in treaty interpretation: the textual concept

The principle that is textual regarding the ordinary meaning of the written text. A textual approach that looks to objective criteria is more appropriate than subjective criteria that try to ascertain only the intent of the Parties as Cook notes, for human rights treaties.135 Moving beyond the written text it self, the principle that is contextual someone to additionally consider the interrelationship of most the different parts of the writing, such as the preamble, annexes and subsequent agreements and training, as mandated by article 31(2) and 31(3) of this Vienna Convention.

The thing and function principle requires that treaties be interpreted in a fashion that provides complete impact to their item and function while staying in keeping with the normal sense of the text as well as other areas of the writing. Continue reading Polygyny and Canada’s Responsibilities under Overseas Human Rights Law