ENFORCEABILITY OF ECONOMIC AND SOCIAL RIGHTS IN THE WAKE OF GOSSELIN: ROOM FOR CAUTIOUS OPTIMISM
Keywords: Comparative Law, Constitutional Law, Women
AbstractThis article focuses on the extent to which economic and social rights can be “read into” section 7 of the Canadian Charter of Rights and Freedoms. It canvasses the Supreme Court of Canada’s treatment in Gosselin of the barriers traditionally said to preclude such an approach – protection of economic rights, application outside an adjudicative context, imposition of positive obligations, and justiciability – and concludes with a comparative examination of cases from South Africa, the United Kingdom and Europe.
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