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

Status of Women Canada, Women and the Canadian Human Rights Act: A Collection of Policy Research Reports (Ottawa: Status of Women Canada, 1999) 43-112

73 Pages Posted: 18 Mar 2015

See all articles by Martha Jackman

Martha Jackman

University of Ottawa - Common Law Section

Bruce Porter

Social Rights Advocacy Centre

Date Written: 1999

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

Suggested Citation

Jackman, Martha and Porter, Bruce, Women's Substantive Equality and the Protection of Social and Economic Rights Under the Canadian Human Rights Act (1999). Status of Women Canada, Women and the Canadian Human Rights Act: A Collection of Policy Research Reports (Ottawa: Status of Women Canada, 1999) 43-112. Available at SSRN: https://ssrn.com/abstract=2579415 or http://dx.doi.org/10.2139/ssrn.2579415

Martha Jackman (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

Bruce Porter

Social Rights Advocacy Centre ( email )

Canada

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