The Meaning of the Right of Equal Access to Public Service

Abstract

Article 21(2) of the Universal Declaration of Human Rights states that "Everyone has the right of equal access to public service in his country." A careful examination of this provision's history reveals that it was afforded great significance by the UDHR's drafters, and in subsequent international instruments Canada has ratified. However, it has received little treatment as a standalone right in domestic jurisprudence. This paper highlights the need for a more intentional and nuanced approach in further developing the right of equal access to public participation, which accounts for the special interests it protects, including both equality and democratic participatory rights.

The paper explains why this proposal is not merely an academic concern, examining Bill 21's exclusion of openly-religious citizens from various public sector roles in Quebec as a case study. It considers how Bill 21's application to certain lawyers and judges raises unique complexities, with potential implications for the independence of both the judiciary and the bar, in which specific interests protected by the discrete right of equal access to public service have arguably been overlooked. The article concludes with a call for further consideration of the universal right of equal access to public service in light of these and other emerging challenges, both in Canada and worldwide.