Must Feminists Support Entrenchment of Sex Equality? Lessons from Quebec

CONSTITUTING EQUALITY: GENDER EQUALITY AND COMPARATIVE CONSTITIONAL LAW, Susan Williams, ed., Cambridge University Press, 2009

Queen's University Legal Research Paper No. 2015-039

18 Pages Posted: 30 Sep 2008 Last revised: 29 Apr 2015

See all articles by Beverley Baines

Beverley Baines

Queen's University - Faculty of Law

Date Written: September 29, 2008

Abstract

Must feminists support entrenchment of sex equality? Although an affirmative response might appear self-evident, recent events in the Canadian province of Quebec might give feminists pause. The issue was not whether the province should entrench its first sex equality provision; the Quebec Charter of Human Rights and Freedoms prohibited sex discrimination from its inception in 1975. Tensions arose among Quebec feminists over the proposal to add a second sex equality provision to the Quebec Charter. They did not articulate their tensions in terms of competing visions of sex equality: discrimination versus equality. Instead, the dominant theme was conflicting constitutional rights: sex equality versus religious freedom. Accordingly, an analysis of Quebec's experience may be instructive for feminists who are interested in issues of constitutional design in other jurisdictions.

Keywords: sex equality, feminists, Quebec, Canada

Suggested Citation

Baines, Beverley, Must Feminists Support Entrenchment of Sex Equality? Lessons from Quebec (September 29, 2008). CONSTITUTING EQUALITY: GENDER EQUALITY AND COMPARATIVE CONSTITIONAL LAW, Susan Williams, ed., Cambridge University Press, 2009; Queen's University Legal Research Paper No. 2015-039. Available at SSRN: https://ssrn.com/abstract=1275423

Beverley Baines (Contact Author)

Queen's University - Faculty of Law ( email )

Macdonald Hall
Kingston, Ontario K7L 3N6 K7L3N6
Canada

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