Essay about The Charter Of Rights And Freedoms

1600 Words Nov 19th, 2014 7 Pages
The Charter of Rights and Freedoms, enacted in 1982, as well as, beforehand, federal and provincial human rights codes that were introduced in the 1960s and the 1970s has paved Canadian disability rights legislation to evolve through the lens of a human rights advocacy approach. The Canadian Human Rights Act and provincial human rights codes prohibit discrimination against persons with disabilities. Conversely, the Equality Rights Section (section 15) of the Canadian Charter of Rights and Freedoms guarantees people with disabilities equal access and protection before and under the law.
Though, acknowledging the barriers that persons with disabilities have tackled historically and persist to tackle with, the legislative approach which proposes more advantageous for addressing discrimination on the basis of disability is an equity-based approach. An equity-based legislative approach pushes to aim for a more proactive approach to rights as opposed to an anti-discrimination approach and a human-rights based approach which rather take on a more reactive approach to rights. An equity-based legislative approach allows the proactive response to disability rights legislation to put the onus on the state to create a barrier free society rather than on persons with disabilities to have to adapt to the social sphere of society.
The human-rights based approach that outlines equality rights in section 15 of the Canadian Charter of Rights and Freedoms is perceived by disability scholars…

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