cover image: Human rights and family responsibilities

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Human rights and family responsibilities

30 Nov 2012

This Study Paper aims to: o Conduct a thorough review of legislation and jurisprudence in relation to the family status ground in Canada; o Describe the issues and problems with treatment of the family status ground in B. C.; o Develop scholarly research and analysis of issues relating to the family status ground; o Foster discussion regarding the purpose and function of the family status ground i [...] This paper concludes with questions inviting a broader public discussion of changes outside the realm of human rights law to address family status discrimination and the promotion of inclusive workplaces in B. C. The questions outlined in the conclusion explore: (1) the development a family status discrimination policy for B. C.; (2) the reform of the B. C. Human Rights Code to clarify whether fam [...] Recent jurisprudence on family status discrimination in the employment context has resulted in two divergent approaches to the concept, with the most restrictive approach coming out of B. C. This Study Paper is a creature of this controversy over the meaning of family status discrimination that has plagued jurisprudence since the decision of the B. C. Court of Appeal in Health Sciences Association [...] In a number of jurisdictions the addition of family status to the human rights statute occurred virtually without comment, and in quite a few jurisdictions the addition of family status was utterly eclipsed by controversy surrounding the concurrent introduction of the ground of sexual orientation.13 As compared with other enumerated grounds, such as sex or race, the meaning of the term family stat [...] The brief words of McLachlin C. J. and Gonthier J. preceding the decision of the majority noted that while they do not disagree with the result, they “would reserve for another day the more general question of the precise meaning of discrimination on the basis of ‘family status.’”19.
human rights government education politics child care discrimination canada adoption arbitration childcare child custody copyright employment family domestic relations court decisions labour law family policy constitution custody complaint families british columbia canadian charter of rights and freedoms fundamental rights anti-discrimination ontario human rights tribunal parental leaves maternity leaves adverse impact
Pages
175
Published in
Canada

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