Editorial Comments

Peters, Paul C.

doi:10.1016/s0022-5347(17)57821-0

Cited by 1 publication

(1 citation statement)

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“…141 The Charter is "structured upon a very broad equality clause contained in Canada's constitution, as well as human rights laws that define disability quite broadly." 142 Evidence of the broad meaning of equality for people with disabilities is seen in the oft-cited 1989 case of Andrews v Law Society of British Columbia. 143 While sitting on the British Columbia Court of Appeal, Justice McLachlin interpreted Section 15 of the Canadian Charter of Rights and Freedoms to provide more than formal equality or even equality of opportunities.…”

Section: A the Canadian Charter Of Rights And Freedomsmentioning

confidence: 99%

A Comparative View of Equality Under the UN Convention on the Rights of PERSONS with Disabilities and the Disability Laws of the United States and Canada

Kanter

2015

WYAJ

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In 2006, the United Nations adopted the Convention on the Rights of Persons with Disabilities [CRPD], the first international treaty addressing specifically the rights of people with disabilities, including in the workplace. The purpose of the CRPD is "to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity...." The CRPD has been ratified by 160 countries, including Canada, but not yet by the United States. Article 27 of the CRPD, entitled Work and Employment, prohibits not only discrimination against people with disabilities in employment, but also the right of people with disabilities to reasonable accommodations, equal remuneration for work of equal value, safe and healthy working conditions, assistance in finding, obtaining, maintaining and returning to employment, rehabilitation, job retention and return-to-work programmes, as well as affirmative action programmes, incentives and other measures to promote equal employment opportunities. As compared to the Americans with Disabilities Act and the Canadian Charter, the CRPD, therefore, goes beyond prohibiting discrimination and instead seeks to ensure greater substantive equality for people with disabilities in the workplace. As such, the author proposes that both US and Canadian legislatures and courts should look to the CRPD to help their respective countries move beyond traditional notions of formal equality towards a new right to substantive equality in the workplace for people with disabilities.

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Section: A the Canadian Charter Of Rights And Freedomsmentioning

confidence: 99%

A Comparative View of Equality Under the UN Convention on the Rights of PERSONS with Disabilities and the Disability Laws of the United States and Canada

Kanter

2015

WYAJ

View full text Add to dashboard Cite

show abstract

Editorial Comments

Cited by 1 publication

References 1 publication

A Comparative View of Equality Under the UN Convention on the Rights of PERSONS with Disabilities and the Disability Laws of the United States and Canada

A Comparative View of Equality Under the UN Convention on the Rights of PERSONS with Disabilities and the Disability Laws of the United States and Canada

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