这世界还有没有天理:联合国人权理事会称加拿大侵犯了非法移民的权利
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The federal government is reviewing a decision of the UN Human Rights Committee that concluded Canada violated the rights of an undocumented irregular migrant by denying her essential health-care.
As part of its non-binding ruling, the UN committee says Canada has an onus to compensate Nell Toussaint for the harm she suffered after developing serious health conditions that required medical treatment.
The committee further says the Canadian government should review its national legislation to ensure that all irregular migrants have access to essential health-care.
Toussaint came to Canada as a visitor from Grenada in 1999 but remained in the country after finding employment, despite not having permission to work in Canada. She worked a variety of temporary jobs for several years before beginning the process of trying to apply for permanent residency in Canada – a process that was delayed due to financial struggles and her deteriorating health.
She did receive some emergency medical treatment, but was repeatedly denied blood tests and medical procedures because she did not have a health card and couldn’t afford to pay out-of-pocket, according to an affidavit she filed in Federal Court.
In 2009, Toussaint applied to the Interim Federal Health Program (IFHP), which covers certain medical services for refugees or those seeking refugee status in Canada. Because her refugee claim was not active at the time and she was living as an undocumented migrant in Canada, she was denied access to the program.
She unsuccessfully challenged this denial in both Federal Court and the Federal Court of Appeal. Although the courts found her denial of coverage under the IFHP did constitute a deprivation of her right to life and security of person, they both ruled that Canada has the right to deny coverage for people who choose to stay in Canada without legal status.
In its ruling, the UN Human Rights committee found that under the optional protocol of the International Covenant on Civil and Political Rights, even illegal aliens have an inherent right to life.
“Member states cannot make a distinction, for the purposes of respecting and promoting the right to life, between regular and irregular migrants,” the committee decision says.
It ruled Canada should provide Toussaint “adequate compensation for the harm she suffered,” and should “review its national legislation to ensure that irregular migrants have access to health-care.”
Alex Neve, secretary general of Amnesty International Canada’s English branch, said the ruling is significant on many fronts.
“This obviously does highlight, and now we hope the government will address, a very significant human rights shortcoming in the country,” Neve said.
“This concern that, right across the country, individuals without regularized status have regularly been denied access to essential health-care ... has been the source of suffering, of fear and hardship for far too long.”
Neve said refugee advocates hope the government will move forward with reforms that ensure health-care will not be denied based on immigration status.
Immigration Minister Ahmed Hussen’s press secretary, Mathieu Genest, was quick to point out the Trudeau government did bring back the IFHP after it was cancelled by the former Conservative government and that it is available to irregular migrants who have active asylum claims.
“Our government takes the (UN) committee’s views seriously and reviews them with interest. We will be closely reviewing the views and will issue a formal response,” Genest said.
He also noted that the committee’s views in individual complaints are not legally binding in either international or domestic law.
又看了一遍。这位根本不是难民。只是到期不归黑下来的。这样的人不少，包括中国人。赖昌星就是一位，不过他没成功。
宇宙大统帅上岗，所有媒体记者下岗。大统帅只恨没有把记者关起来的权利。沙特国王多好，说打谁打谁，说关谁关谁。上位第一就去朝拜沙特，摸摸皇冠，沾点霸气。天朝有些从小被虐大的老移多爱大统帅啊，即使智商上天，不被人踢被人打，皮子就不舒服。土豆对他笑一笑，他们还难受。
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51年的公约的背景是冷战的铁幕马上就要拉上了。很多身处于苏联的人士想到西方来（很多是原苏联的犹太人想去以色列）。苏联论证这些人的人身没有危险，所以不是难民。因此，针对苏联，这个公约的重要点：移出一个国家是一个人的基本权利，无论是否他人身有危险。但是，这引出了两点含糊的解释：
1）既然认定“移出一个国家是一个人的基本权利”，那么目的国拒绝他入境实际上就是剥夺了他的这个基本权利。
2）这个人无需是难民。
接下来，各国对公约有不同的理解。西欧和加拿大包括联合国就认定了上述两点，导致了现在这个问题。
因此，除非公约修改，或者西欧和加拿大包括联合国一起不认定这两个解释，或者加拿大退出，加拿大政府只能这样做了。
1）既然认定“移出一个国家是一个人的基本权利”，那么目的国拒绝他入境实际上就是剥夺了他的这个基本权利。
2）这个人无需是难民。
接下来，各国对公约有不同的理解。西欧和加拿大包括联合国就认定了上述两点，导致了现在这个问题。
因此，除非公约修改，或者西欧和加拿大包括联合国一起不认定这两个解释，或者加拿大退出，加拿大政府只能这样做了。
