Abstract
Canada has signed more than twenty international conventions and treaties. Many of these instruments are based on the fundamental principles of the human person. Canada’s commitment to extending and protecting the human rights of individuals within its territory and in the international community is therefore a question right. National and international courts are required to interpret the laws set and to implement international agreements in the spirit of them, provided that national legislation allows it. In Canada, as in other countries where the common law prevails, the basic presumption that the state does not violate its obligations also applies to international treaty law. It is expected that states will apply the texts of international law unless there is clear incompatibility between the texts and domestic legislation. Treaty obligations undertaken by Canada under international instruments can link its national courts if (1) international law is incorporated into national law, either expressly or by implication, and (2) the law itself is adopted by the legislature under the jurisdiction of which the object falls.
This is a preview of subscription content, log in via an institution.
Buying options
Tax calculation will be finalised at checkout
Purchases are for personal use only
Learn about institutional subscriptionsReferences
Employee Relations Act. (1987). 1 SCR 313, pp. 348–350.
Johnsdotter, S. (2013). The FGM Legislation Implemented: Experiences from Sweden. Report of the Malmo University.
Sharif, K. F. (1996). Female genital mutilation: What does the new federal law really mean? Fordham Urban Law Journal, 24(2), 409.
Slaight Communications v. Davidson. (1989). 1 SCR, p. 1041.
Sussman, E. (1998). Contending with Culture: An analysis of female genital mutilation Act 1996. Cornell International Law Journal, 31(2), 193.
US Public Law No. 104–208. (30 September 1996). Sections 579, 644, and 645.
Author information
Authors and Affiliations
Rights and permissions
Copyright information
© 2018 Springer International Publishing AG, part of Springer Nature
About this chapter
Cite this chapter
Kandala, NB., Komba, P.N. (2018). Laws in North America. In: Female Genital Mutilation around The World: . Springer, Cham. https://doi.org/10.1007/978-3-319-78007-8_8
Download citation
DOI: https://doi.org/10.1007/978-3-319-78007-8_8
Published:
Publisher Name: Springer, Cham
Print ISBN: 978-3-319-78005-4
Online ISBN: 978-3-319-78007-8
eBook Packages: MedicineMedicine (R0)