Engaging a Human Rights Based Approach to the Murdered and Missing Indigenous Women and Girls Inquiry

Headings: 
Authors: 
Title: 
Engaging a Human Rights Based Approach to the Murdered and Missing Indigenous Women and Girls Inquiry
Title of Journal: 
Journal Citation: 
2(2) LAKEHEAD LAW JOURNAL, 89-116 (2017)

This article suggests that the Inquiry for Murdered and Missing Indigenous Women should employ a human rights approach when determining the causes of violence and offering recommendations. This approach would consider human rights principles at every stage of the inquiry, require the participation of Indigenous women, and consider historical and systemic causes. It would hold Canada to international human rights standards and acknowledge Canada’s international obligations to various human rights treaties. Canada has a duty of due diligence in international law to prevent human rights violations. The author suggests that this framework may demonstrate that Canada has failed to fulfill international obligations and pressure Canada to take action. The article uses a detailed analysis of the Convention Against Torture, the Convention on the Rights of the Child, and the Convention for the Protection of all Persons from Enforced Disappearance as an example of Canada’s obligations and the potential benefits of using a human rights-based approach.