Gavin Howe
Canada has a history of women fighting for their rights and equality. In 1951, the Fair Employment Practices Act and the Female Employees Fair Remuneration Act were passed in Ontario, aiming to eliminate discrimination and ensure equal pay for work of equal value. Since then, Canada has made significant strides towards gender equality, with various laws and acts promoting equal rights for men and women. The Canadian Human Rights Act of 1977, for instance, guarantees equality and protection from discrimination on the basis of sex, sexual orientation, marital status, and family status. Additionally, Section 28 of the Canadian Charter of Rights and Freedoms ensures that all rights and freedoms within the Charter apply equally to both men and women. While progress has been made, there is still a long way to go to achieve true gender equality in Canada and worldwide.
| Characteristics | Values |
|---|---|
| Legal recognition of gender equality | Section 15 of the Canadian Charter of Rights and Freedoms |
| Legal protection against gender-based discrimination | Canadian Human Rights Act of 1977, Section 28 of the Charter, Employment Equity Act (1995), Pay Equity Act (2018) |
| Labour laws promoting gender equality | Fair Employment Practices Act, Female Employees Fair Remuneration Act (Ontario, 1951), Canada Fair Employment Practices Act (1953), Female Employees Equal Pay Act (1956) |
| Property rights for married women | Married Women's Property Act (Ontario, 1884; Manitoba, 1900; Quebec, 1964) |
| Recognition of women as "persons" under the law | British North America Act, 1867 |
| Women's representation in the legal profession | First female magistrate appointed in 1916; first female Supreme Court justice appointed in 1982 |
| Parental and pregnancy benefits | Amendments to the Unemployment Insurance Act in the 1980s and 1990s |
| Federal commitment to gender equality | Department for Women and Gender Equality Act (2018), compliance monitored by the Canadian Human Rights Commission |
| International legal framework | UN human rights treaties, International Labour Organization (ILO) Conventions, UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) |
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What You'll Learn
Women's rights are human rights
In Canada, men and women are considered equal under the law. The Canadian Human Rights Act of 1977 states that all Canadians have the right to equality, equal opportunity, fair treatment, and freedom from discrimination based on sex, sexual orientation, marital status, and family status. Section 15 of the Canadian Charter of Rights and Freedoms ensures equal protection and benefit of the law without discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability. Section 28 of the Charter further guarantees that all rights covered in it apply equally to men and women.
Despite these legal protections, women in Canada and around the world continue to face inequality and discrimination in various forms. The phrase "women's rights are human rights" has been used by various activists, politicians, and organizations to highlight this ongoing struggle and advocate for gender equality. The notion asserts that the rights and freedoms afforded to all human beings inherently include those of women and that the denial of their rights constitutes a violation of fundamental human rights.
One area where women's rights are frequently infringed upon is economic inequality. Despite laws mandating equal pay for equal work, the gender pay gap persists, with women earning roughly 77% of what men earn for the same work, leading to a lifetime of financial disparity and increased risk of poverty in later life. This economic inequality limits women's ability to fully exercise their independence and contributes to their overall disenfranchisement.
Violence and harassment against women are also prevalent issues that violate their human rights. Globally, 30% of women who have been in a relationship have experienced physical or sexual violence from their partner. Women are also disproportionately affected by sexual violence, rape, and so-called "honour crimes." Furthermore, women often face gender-based discrimination and harassment in the workplace, impacting their career prospects and contributing to the gender wage gap.
Reproductive rights are another critical aspect of women's rights. In many countries, women are denied access to safe and legal abortions, forcing them to choose between risking their lives or facing legal consequences. Organizations like Amnesty International have campaigned successfully for the decriminalization of abortion in several countries, including Ireland, Northern Ireland, and South Korea.
The phrase "women's rights are human rights" underscores the importance of recognizing and addressing these inequalities and injustices. It emphasizes that the struggles women face globally are not isolated issues but are inherently linked to the broader human rights framework. By acknowledging that women's rights are intrinsic to human rights, societies can work towards creating a more just and equitable world for all.
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Gender equality in the workplace
Canada has a history of women fighting for their rights and promoting gender equality, which is now a core Canadian value. While the country has made significant strides towards achieving gender equality in the workplace, there is still progress to be made.
One of the earliest milestones in the fight for gender equality in Canada was the Married Women's Property Act, which was passed in Ontario in 1884 and in Manitoba in 1900. This legislation gave married women in these provinces the same legal rights as men, including the right to enter into legal agreements and purchase property. The rest of Canada's provinces and territories slowly followed suit, with Quebec signing the Act in 1964. Another notable achievement was the Female Employees Fair Remuneration Act, passed in Ontario in 1951, which aimed to provide women with equal pay for work of equal value. This led to similar acts being adopted across the country and eventually, the federal Female Employees Equal Pay Act of 1956, which made wage discrimination based on sex illegal.
Despite these advancements, women in Canada still face challenges in the workplace. For example, while approximately half of Canadian women were in the paid labour force in the 1970s, they earned only 66% of what men earned in 1996. This disparity prompted women's groups and unions to propose affirmative action programs to address discriminatory employment policies. Additionally, issues such as pregnancy and parental benefits became increasingly important as more women remained in the paid workforce during their childbearing years. In response, the Canadian government made amendments to the Unemployment Insurance Act in 1983 to provide parental benefits and address the denial of benefits due to pregnancy.
To further promote gender equality in the workplace, the Canadian government passed the Employment Equity Act in 1995. This legislation aims to "achieve equality in the workplace so that no person shall be denied employment opportunities or benefits for reasons unrelated to ability". Additionally, the federal Pay Equity Act was enacted in 2018 to ensure pay equity and address wage discrimination.
Canada's commitment to gender equality in the workplace is also evident in its compliance with international agreements. The country has ratified several United Nations (UN) human rights treaties and International Labour Organization (ILO) Conventions, including the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the ILO Forced Labour Convention. These agreements provide an international framework for Canada's actions on gender equality.
To conclude, while Canada has made significant progress towards gender equality in the workplace, there is still room for improvement. The country continues to address gender-based discrimination and promote equal opportunities through legislation, policies, and international agreements. The establishment of the Department for Women and Gender Equality, overseen by the Minister for Women and Gender Equality, further demonstrates Canada's dedication to advancing gender equality and ensuring that women's rights are protected and promoted.
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Women in law and policy-making
Women in Canada have faced a long history of inequality in law and policy-making. However, determined women have worked to promote and uphold gender equality, resulting in significant milestones. One of the first major steps towards equality in the workforce was the passing of the Fair Employment Practices Act and the Female Employees Fair Remuneration Act in Ontario in 1951. This legislation aimed to eliminate discrimination, ensure equal pay for work of equal value, and provide women with legal protections and opportunities in employment. The rest of Canada's provinces and territories quickly followed suit, and the federal government passed additional acts to reinforce these rights.
The Married Women's Property Act, enacted in Ontario in 1884 and Manitoba in 1900, was another pivotal moment. This legislation granted married women the same legal rights as men, including the ability to enter into legal agreements and purchase property. The slow expansion of this Act across the provinces and territories culminated in Quebec signing it in 1964, amending its Civil Code to grant married women full legal and property rights.
The right to be recognised as a "person" under the law was also a significant milestone. In 1928, a group of five prominent women, known as the Famous Five, petitioned the Supreme Court of Canada to decide whether "persons" under the British North America Act, 1867, included women. Despite the Court's initial refusal, women's advocacy resulted in crucial victories. The Canadian Human Rights Act of 1977 and Section 15 of the Canadian Charter of Rights and Freedoms guarantee equality and protection from discrimination on various grounds, including sex, sexual orientation, and gender identity.
Canada has also established dedicated departments, such as the Department for Women and Gender Equality, to advance gender equality and address systemic and historical inequalities. The federal government has identified key areas for change and tracks its progress through the Gender, Diversity, and Inclusion Statistics hub. Internationally, Canada has committed to the United Nations' Sustainable Development Goals, including a specific focus on achieving gender equality and empowering women and girls.
Despite these advancements, challenges remain. Women in law and policy-making continue to face barriers, as evidenced by their lower representation in certain positions. Additionally, issues such as unequal economic circumstances, undervaluing of housework and childcare, and disruptions to careers due to childbirth and child-rearing persist, impacting the division of property and financial independence. Nonetheless, women's groups, unions, and legal advocates continue to drive progress towards full equality in Canada.
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International legal framework
Canada's actions on gender equality are underpinned by an international legal framework that includes United Nations (UN) human rights treaties and International Labour Organization (ILO) Conventions. This framework is essential in the fight to eliminate all forms of discrimination and violence against women and girls worldwide.
The UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is a fundamental human rights treaty that safeguards women's right to equality and protects them from violence. CEDAW has proven to be a resilient and relevant instrument in addressing sexual and gender-based violence, including during times of conflict. The CEDAW Committee's General Recommendations provide detailed guidance to states on responding to gender-based violence, including legal measures, prevention, protection, prosecution, and punishment.
In addition to CEDAW, the Inter-American Commission of Women (CIM) has placed women's rights and gender equality on the inter-American agenda. CIM provides technical and advisory support to OAS member states on implementing conventions and agreements, such as the Inter-American Convention on the Granting of Civil Rights to Women and the Inter-American Convention on the Granting of Political Rights of Women. These conventions ensure that women are accorded the same civil and political rights as men.
Furthermore, the European Commission's Gender Equality Strategy 2020-2025 sets policy objectives and actions to achieve significant progress towards a gender-equal Europe by 2025. The strategy addresses various issues, including ending gender-based violence, challenging gender stereotypes, closing gender gaps in the labour market and decision-making, and achieving equal participation across different sectors of the economy.
These international legal frameworks provide the tools and guidance necessary to advance gender equality and protect the rights of women and girls globally.
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Equality in family law
Equality between men and women under the law in Canada is guaranteed by Section 28 of the Canadian Charter of Rights and Freedoms, which ensures that all rights covered in the Charter apply equally to men and women. Section 15 of the Charter also ensures the equal protection and benefit of the law without discrimination based on "race, national or ethnic origin, colour, religion, sex, age or mental or physical disability".
Despite these protections, gender bias still exists in Canada's family law system. There is evidence that men are discriminated against in child custody cases and child support rulings. This bias is particularly curious given that Canada's family law system was historically shaped by women campaigning for greater rights and protections. For example, in 1928, a group of women known as the Famous Five petitioned the Supreme Court of Canada to decide whether "persons" under the British North America Act, 1867, included women. The Supreme Court decided that it did not, but the campaign was an important milestone in the fight for women's rights in Canada.
Another important milestone for women's rights in Canada was the passing of the Married Women's Property Act, which began in Ontario in 1884 and Manitoba in 1900. This Act gave married women the same legal rights as men, allowing them to enter into legal agreements and buy property. The rest of Canada's provinces and territories slowly followed suit, with Quebec signing the Act in 1964 and amending its Civil Code to give married women full legal and property rights.
In recent years, Canada has continued to take steps to advance gender equality, including passing the federal Employment Equity Act in 1995 and the federal Pay Equity Act in 2018. The federal government has also identified six key areas where change is required to advance gender equality, and the country remains committed to achieving the United Nations' Sustainable Development Goal of gender equality and empowering all women and girls by 2030.
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Frequently asked questions
Yes, Section 15 of the Canadian Charter of Rights and Freedoms ensures that every individual is equal before and under the law and has the right to equal protection and benefit of the law without discrimination based on sex. Section 28 of the Charter guarantees that all rights covered in the Charter apply equally to men and women.
The Canadian Human Rights Act of 1977 states that all Canadians have the right to equality, equal opportunity, fair treatment, and freedom from discrimination on the basis of sex, sexual orientation, marital status, and family status. Other laws include the federal Employment Equity Act (1995) and the federal Pay Equity Act (2018).
The CHRC is responsible for investigating and managing cases and complaints under the CHRA, Charter, and Employment Equity Act. The commission then submits cases to the Canadian Human Rights Tribunal to hold hearings and make decisions.
The Married Women's Property Act, first enacted in Ontario in 1884 and later in other provinces, gave married women the same legal rights as men, including the right to enter into legal agreements and buy property. The Fair Employment Practices Act (1951) and the Female Employees Fair Remuneration Act (1951) were also important in ensuring equality in the workforce and eliminating wage discrimination based on sex.
Canada is a party to several United Nations (UN) human rights treaties and International Labour Organization (ILO) Conventions, including the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the ILO Forced Labour Convention.
