Human Rights-Based Approach to Planning

CP Planning operates on the foundational belief that urban planning’s responsibility extends beyond the physical space; it is critical tool for ensuring that human rights are met. Systemic disparities in access to housing, good jobs, and cultural opportunities are perpetuated when racialized communities, women, low-income households, and other equity denied populations are excluded from meaningful participation in planning processes. Such barriers limit their ability to benefit equitably from the management and development of land.

Recognizing these barriers, CP Planning has conducted thorough research on the intersection of human rights and urban planning, establishing a human rights-based approach which dismantles entrenched barriers and produces the conditions for systems transformations that improve the living conditions of equity-denied groups. Fundamental resources in this research included those produced by the United Nations, the Canadian National Housing Strategy, and the Ontario Human Rights Commission, as well as case studies and case law across Canada and the United States.

A Human Rights-Based Approach to Planning is:

• Shaping understanding of existing contexts through acknowledgement of historic discrimination
• Prioritizing building the economic well-being and sustainability of marginalized peoples to have their needs met
• Building solidarity between socio-economic classes, to nurture collective action and empowerment
• Orienting planning processes to remove barriers, ensuring marginalized people have fair and adequate access to housing, jobs, a decent standard of living, and opportunities for cultural expression.

Historically, planning practices have, at times, contributed to discrimination, leading to interventions by human rights champions and legal bodies.

The below are notable pivotal cases that add clarity to how planning can conflict with human rights. These cases were predominantly driven by leaders who are not 'professional planners' accredited  by the Ontario Professional Planners Institute. Their actions, nonetheless have been instrumental in integrating human rights considerations into provincial planning legislation. As urban planners, it's crucial to acknowledge and value the efforts made by community members with a deep commitment to the well being of marginalized peoples. 

• Direct → Specifically naming or excluding a group of people protected by the Ontario Human Rights Code, to deny their ability to access a protected social area listed in the Ontario Human Rights Code.
• Indirect →  Barriers to the creation of equitable conditions.  Intentional or not, indirect discrimination makes it harder to serve those protected by the Code, and easier to serve those who are wealthier and less marginalized.
• Systemic → Centralization of power into the hands of the wealthy and/or uninterested. This includes the lack of acknowledgement by those in power of how systems are biased towards serving the interests of the wealthy, and a lack of power distributed to those desiring the production of equitable conditions.

The three types of human rights discrimination are described by lawyer Jessica Simone Roher, in her article 'Zoning Out Discrimination: Working Towards Housing Equality in Ontario', published by the Journal of Law and Social Policy in 2016.

Click here to see the reading list page 'Planning and Human Rights: Legal Cases and Resources' prepared by the Ontario  Human Rights Commission 

This page is a vital resource for planners and community members alike, guiding the integration of human rights laws and principles into urban planning. It underscores the importance of compliance with the Universal Declaration of Human Rights, National Housing Strategy Act, and Ontario Human Rights Code. Our focus is to remove barriers to knowledge on the intersection of urban planning and human rights history, obligations, and best practices.

We encourage everyone, not just professional planners, to explore these resources.

'We', 'us', and 'our' throughout this page refers to those in the planning community, from urban planners to planning educators, to grassroots leaders who influence land use and real estate policies.

• National Housing Strategy Act -  In 2019, Parliament passed the National Housing Strategy Act. The Act recognizes housing as a human right, and commits organizations and governments to reform housing laws, policies and programs from a human rights perspective; and to involve communities in meaningful ways. The Act calls for the “progressive realization” of the right to housing. This means Canada must set specific timelines and goals in its housing strategy that make tangible progress towards the right to housing. For more info, see the Canadian Human Rights Commission's page about the National Housing Strategy Act.
• Ontario Human Rights Code -  a provincial law that identifies the protected grounds on which residents should not face discrimination in for specific protected social areas such as jobs, housing, services, facilities, and contracts or agreements. 
• OHRC - Ontario Human Rights Commission -  works to promote, protect and advance human rights through research, education, targeted legal action and policy development.
• OHRT - Ontario Human Rights Tribunal -  an adjudicative tribunal that resolves claims of discrimination and harassment brought under the Human Rights Code.