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  1. Social condition – an option for human rights commissions

    From: Human rights commissions and economic and social rights

    The Concept of “Social Condition”

    The addition of “social condition” to human rights legislation has been proposed as one option for addressing economic inequality in Canada.[156] As well, it is a possible response to the ICESCR Committee’s recommendation that social and economic rights be expressly incorporated into federal and provincial human rights legislation.

  2. Auto insurance

    From: Consultation report: Human rights issues in insurance

    The Insurance Bureau of Canada (IBC) affirms that it represents 90 per cent of the auto insurance industry in Ontario. IBC provides a Consumer Information Centre service and has a mandate to coordinate industry views and present them at consultations such as the one conducted by the Commission. Data studies are also carried out to analyze what variables most effectively predict driver risk.

  3. An introduction to the intersectional approach

    From: An intersectional approach to discrimination: Addressing multiple grounds in human rights claims

    A human rights complaint or an equality rights case that cites multiple grounds of discrimination can be approached in one of several different ways. Depending on the approach that is selected, the analysis of the claim will differ and it is likely that the outcome will also be affected.

  4. Other approaches to multiple grounds

    From: An intersectional approach to discrimination: Addressing multiple grounds in human rights claims

    As discussed above, the intersectional approach is the preferred one for complaints and cases that cite multiple grounds. Nevertheless, there are other ways in which multiple grounds matters are being handled by human rights bodies, courts and international bodies such as the United Nations (the “UN”). In some instances, the grounds are looked at sequentially to see whether discrimination can be made out on the basis of each one in turn.

  5. The move towards an intersectional approach

    From: An intersectional approach to discrimination: Addressing multiple grounds in human rights claims

    Multiple grounds in equality and human rights jurisprudence

    Some courts and tribunals have started to acknowledge the need to make special provision for discrimination based on multiple grounds and to recognize the social, economic and historical context in which it takes place. However, despite these advancements, the courts’ understanding of a proper intersectional approach is still in its infancy. What follows is a discussion of recent cases in which a move towards a multiple grounds or intersectional analysis is evidenced in either a majority or dissenting opinion.

  6. Applying an intersectional approach

    From: An intersectional approach to discrimination: Addressing multiple grounds in human rights claims

    An intersectional analysis based upon a two-pronged approach has been suggested by Professors Aylward, Pothier, and Iyer. It requires a shift from a single ground perspective to an analysis based on the assumption that an individual’s experiences are based on multiple identities that can be linked to more than one ground of discrimination. The second component of the two-pronged model requires the analysis to proceed to consider contextual factors, based on the facts of the case.

  7. Next steps

    From: An intersectional approach to discrimination: Addressing multiple grounds in human rights claims

    This paper has explored the need for a more holistic understanding of how people experience discrimination. The Commission has already started applying an intersectional approach to some of the complaints that have come before it. In addition, an intersectional analysis has been added as one of the lenses through which policy work is conducted. An understanding of discrimination as largely a product of the social construction of identity, based on social, historical, political and cultural factors, is informing the Commission’s work in all areas.

  8. 3. The intersection of age with other grounds of discrimination

    From: Policy on discrimination against older people because of age

    The experience of age discrimination may differ based on other components of a person’s identity. For example, certain groups of older persons may experience unique barriers as a result of the intersection of age with gender, disability, sexual orientation, race, ethnicity, religion, culture and language. Please see Time for Action for a more detailed discussion of “age and intersectionality” and the particular barriers faced by certain groups.

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