For all international jurisprudence relating to the right to special protection of mothers and children in Word format click here.
| Treaty Provision |
Text |
| International Covenant on Economic, Social and Cultural Rights, art. 10(3) | “Special protection should be accorded to mothers during a reasonable period before and after childbirth. During such period working mothers should be accorded paid leave or leave with adequate social security benefits.” |
| International Covenant on the Elimination of all forms of Discrimination Against Women, art. 11 | “2. In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, States Parties shall take appropriate measures:
(c) To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and development of a network of child-care facilities;” |
| Convention on the Rights of Persons with Disabilities, art. 7, 16 | “1. States Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children.
2. In all actions concerning children with disabilities, the best interests of the child shall be a primary consideration.” (art. 7) “5. States Parties shall put in place effective legislation and policies, including women- and child-focused legislation and policies, to ensure that instances of exploitation, violence and abuse against persons with disabilities are identified, investigated and, where appropriate, prosecuted.” (art. 16) |
| International Covenant on Civil and Political Rights, art. 24(1) | “Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.” |
| Declaration Provision |
Text |
| Declaration on the Rights of Indigenous Peoples | “States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities” (art.21(2))
“1. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities in the implementation of this Declaration. 2. States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination” (art. 22) |
Concluding Observations:
General Comments:
Other Jurisprudence:
For more context specific observations made by various UN bodies regarding Canada’s performance under various international treaties click here.