Women's Substantive Equality and the Protection of Social and Economic Rights Under the Canadian Human Rights Act

Abstract

This paper discusses whether, and how, social and economic rights can be effectively protected under the Canada Human Rights Act (CHRA). The authors consider the international and domestic legal context for reform of the CHRA, and make recommendations for reform. In particular, the paper proposes that the federal government include explicit protection for socio-economic rights in the CHRA, consistent with the provisions of the International Covenant on Economic Social and Cultural Rights and other human rights treaties ratified by Canada. The amended CHRA would thus obligate the Canadian government to take steps, to the maximum of available resources, to achieve progressively the full realization of social and economic rights to food, clothing, housing, health care, social security, education, work which is freely chosen, child care, support services, and other fundamental requirements for security and dignity of the person.

Keywords: law, international, human rights, Canada, Canada Human Rights Act, socio-economic, International Covenant on Economic Social and Cultural Rights, policy, health, poverty