Using the Canadian Charter of Rights and Freedoms to Constitute Women

Citation:

Baines, Beverley. 2005. “Using the Canadian Charter of Rights and Freedoms to Constitute Women.” In The Gender of  Constitutional Jurisprudence, edited by Ruth Rubio-Marín and Beverley Baines, 48–74. New York: Cambridge University Press.

Author: Beverley Baines

Abstract:

After examining the role of feminists in the development of the equality doctrine under the Canadian Charter of Rights and Freedoms, this chapter assesses Charter sex equality and related jurisprudence from 1985 to 2003. My objective is to reveal the initial impact on women of adopting a rights protecting regime. This impact falls into three categories (i) naming male privilege, (ii) contextualizing women, and (iii) transforming society. The results show much work remains to be done if we expect equality doctrine to transform women’s lives.

Topics: Feminisms, Gender, Women, Gendered Power Relations, Gender Equality/Inequality, Governance, Rights, Women's Rights Regions: Americas, North America Countries: Canada

Year: 2005

© 2024 CONSORTIUM ON GENDER, SECURITY & HUMAN RIGHTSLEGAL STATEMENT All photographs used on this site, and any materials posted on it, are the property of their respective owners, and are used by permission. Photographs: The images used on the site may not be downloaded, used, or reproduced in any way without the permission of the owner of the image. Materials: Visitors to the site are welcome to peruse the materials posted for their own research or for educational purposes. These materials, whether the property of the Consortium or of another, may only be reproduced with the permission of the owner of the material. This website contains copyrighted materials. The Consortium believes that any use of copyrighted material on this site is both permissive and in accordance with the Fair Use doctrine of 17 U.S.C. § 107. If, however, you believe that your intellectual property rights have been violated, please contact the Consortium at info@genderandsecurity.org.