6 Jun 2022

62

Aboriginal Women’s Rights in Canada

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Academic level: College

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Words: 1339

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Aboriginal women in Canada have continued to be oppressed and discriminated against as they struggle for rights and identity. The indigenous women and girls are most likely to be targets of violence than any other women in the country including sexual harassment, racism, and domestic violence ( Razack, 2016) . Besides, many of the problems and abuse faced by aboriginal women in Canada are unsolved and ignored with an inadequate inquiry into missing and slain women. The justice system is created in a way that it fails to protect the human rights of aboriginal women and is insensitive to their misery. However, the United Nations can be redemption for indigenous women by fighting for their rights through policies towards specific states. Its procedures can be used to draw attention, criticize or condemn countries that fail to respect and protect the rights of indigenous women.

Before colonization, aboriginal communities used to be matrilineal with power balance between men and women. However, things changed when Europeans came in contact with indigenous, shifting gender role and power control that led to discrimination against women ( Razack, 2016) . Today, indigenous women are invariably subordinated or ignored by the government system of Canada, which has seen them experiencing double jeopardy due to being women and aboriginal. They have been forced to abandon their culture before assimilating into Canadian society. Indigenous women experience higher rates of violence in Canada and are disproportionately affected by discrimination due to their intersectional identities. They go missing four times more than the non-aboriginal women and are at high risk for victimization by sexual predators, serial killers, and other criminals ( Razack, 2016) . This group continues to struggle for existence in Canada including discrimination in public and private spheres as well as being prime targets for violence, abuse, and victimization

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This abuse has already been under scrutiny by the United Nations which has raised concerns with how the Canadian government has dealt with the issues. There has been systemic failure to ensure the safety of indigenous women and girls in Canada with numerous cases of violence, disappearances, and murder. Despite international recognition and acceptance of the UN declaration on the rights of indigenous people, they continue to face severe threats due to systematic government policies ( Anaya, 2015) . Indigenous women face discrimination in the economic sector including being exploited in the workplace. In this regard, the Canadian government is responsible for violating the rights of indigenous women due to its protracted failure to ensure they have the rights and support needed.

At the same time, the underlying factors of poverty, racism, historical marginalization and legacies of colonialism have made aboriginal women targets of hatred and violence ( Razack, 2016) . In this regard, measures to prevent discrimination has to focus on changing these underlying factors. The United Nations plays a vital role in addressing these human rights abuses through charter and treaty bodies. These bodies function by reviewing the human rights record of every nation and make recommendations for improvement. The UN also protects human rights by monitoring and promoting compliance with a particular human rights treaty. The control ensures that governments follow the requirements to protect the human rights of all individuals.

Some of the measures that Canada can take to promote human rights include empowering women and strengthening their economic independence as one way of helping the enjoyment of rights and fundamental freedoms. It should enact policies and mechanism to address individual and structural nature of the harm caused by discrimination in economic, social and cultural rights of the aboriginal women ( Kuokkanen, 2012) . UN bodies can pressurize the Canadian government to make efforts and alleviate social and economic deprivation among indigenous women by obliging Canada into adopting the necessary measures to prevent and eliminate conditions and attitudes that perpetuate discrimination among women. Some of the steps to empower women include providing support for education to aboriginal women as one way of enabling them economically. Education can be a crucial component of a plan to prevent violence against aboriginal women as it gives them an edge in the country ( Anaya, 2015) . At the same time, improving housing can be another way of avoiding discrimination against indigenous women in Canada, since a lack of safe, affordable housing can keep women in unsafe conditions where they become vulnerable to predators.

Secondly, the UN should also pressurize Canada to launch an inquiry into missing and murdered women as the first step in eliminating discrimination. The Canadian government should make a national inquiry into institutional racism and conduct reforms in the justice system to ensure equal protection of human rights. The investigation can help identify triggers of discrimination against indigenous women and implement initiatives to end violence against women ( Anaya, 2015) . Canada should treat the missing women issue as a human rights case through a national-level action plan or inquiry into the murder of indigenous women. A full investigation is needed to determine the more than 1000 cases of missing aboriginal women. Treating this as a human rights issue will put victims at the center of focus and allow for initiatives to protect their rights. This can also be achieved by making indigenous women increasingly aware of their rights both as women and as indigenous people and assert them in the face of the government.

The UN should also push states into taking practical steps to ensure aboriginal women have access to justice, such as creating an environment where they can quickly report cases of violence and get the deserved justice like any other person. Institutional racism has been evident in Canada, contributing to a culture of impunity for perpetrators of crime against aboriginal women ( Kuokkanen, 2012) . Sometimes, law enforcement officers partake in perpetuating discrimination against women through institutional racism. As such, the efforts should focus on reforming the institutions. Many state policies are still discriminatory while the justice system is not available for indigenous women to use when they become victims of violence. In this regard, the UN should pressurize Canada to make Justice system more sensitive to issues of indigenous women in the country.

Policing failures and distrust of law enforcement endangers indigenous women in Canada. They are subject to police neglect whenever they report domestic violence and are subject to inappropriate physical assault, invasive body searches and sexual harassment by law enforcement officers ( Razack, 2016) . There is also a lack of protection for indigenous women whenever they respond to violence claims as law enforcement is insensitive. In this regard, the UN should pressurize the Canadian government to improve emergency response times allowing women to report any form of violence. Law enforcement presence is critical in cases when women are threatened, allowing them to communicate and get the needed protection.

At the same time, the UN should also require Canada to put more effort into respecting the rights of indigenous women after signing the convention on eliminating discrimination against them. It should pressurize the enactment of policy initiatives to protect the rights of indigenous women in the country. Indigenous women have a right to full enjoyment to practice their cultures and customs and strengthen their economies( Kuokkanen, 2012) . In this regard, Canada should be obliged to compensate all victims of discrimination and violence by adopting measures to guarantee their rights. This entails appropriate investigation of any reported missing girls and bringing to justice any perpetrator of the force. Currently, men accused of abuse and murder of aboriginal women are found to be not guilty of the crime showing the failure to protect women rights in the country. The UN should also oblige Canada to increases measures that will protect women from all forms of violence by addressing its safety and security. The status of Canada as a country should put it at the forefront of fighting for human rights by improving victim protection and privacy rights of women subject to sexual violence ( Kuokkanen, 2012) . Canada should have a policy that stresses against discrimination towards indigenous women

In conclusion, the Canadian government has the responsibilities of protecting the rights of indigenous women and girls in the country against all forms of violence and discrimination. There are many cases in Canada where indigenous rights are ignored resulting in human rights violations. It is up to the government to implement measures that address these violations. It should adopt the UN declaration on the rights of indigenous people that guarantees the fundamental rights of all human beings without designated safeguards. This would allow for implementing minimum standards for the survival, dignity, and well-being of indigenous women in the country.

References

Anaya, S. J. (2015). Report of the special rapporteur on the rights of indigenous peoples in the situation of indigenous peoples in Canada.  Ariz. J. Int'l & Comp. L. 32 , 143. 

Kuokkanen, R. (2012). Self-determination and indigenous women's rights at the intersection of international human rights.  Hum. Rts. Q. 34 , 225. 

Razack, S. H. (2016). Sexualized violence and colonialism: reflections on the inquiry into missing and murdered indigenous women. 

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StudyBounty. (2023, September 16). Aboriginal Women’s Rights in Canada.
https://studybounty.com/aboriginal-womens-rights-in-canada-essay

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