Equality in Canada
This article intends to address the limits associated with a rigid grounds-based approach to equality, requiring claimants to categorize their identity within an enumerated ground to “deserve” the protection of the equality guarantee. To this end, I first shed light on the irreconcilability of rigid...
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| Format: | Article |
| Language: | English |
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Oñati International Institute for the Sociology of Law
2018-11-01
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| Series: | Oñati Socio-Legal Series |
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| Online Access: | https://opo.iisj.net/index.php/osls/article/view/1097 |
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| author | Nausica Palazzo |
| author_facet | Nausica Palazzo |
| author_sort | Nausica Palazzo |
| collection | DOAJ |
| description | This article intends to address the limits associated with a rigid grounds-based approach to equality, requiring claimants to categorize their identity within an enumerated ground to “deserve” the protection of the equality guarantee. To this end, I first shed light on the irreconcilability of rigid grounds with post-structuralist accounts of identity, and then lay claim to an approach to equality that extends its reach to fluid, intersectional groups. Thereafter, taking Canada as a case study, I parse out the Canadian equality jurisprudence, particularly the cases offering an analysis of the aforementioned grounds. I then move to sketch out two proposals to overcome the risks associated with the current equality jurisprudence, by focusing on marital status discrimination. I ultimately offer a cursory overview of the complex interplay between approaches to equality and the organization of interest groups, and illustrate the issues around the organization of “post-identity groups”. |
| format | Article |
| id | doaj-art-20eba40a088c46d1871ec06dfce429d4 |
| institution | Kabale University |
| issn | 2079-5971 |
| language | English |
| publishDate | 2018-11-01 |
| publisher | Oñati International Institute for the Sociology of Law |
| record_format | Article |
| series | Oñati Socio-Legal Series |
| spelling | doaj-art-20eba40a088c46d1871ec06dfce429d42024-11-25T15:03:59ZengOñati International Institute for the Sociology of LawOñati Socio-Legal Series2079-59712018-11-011018812210.35295/osls.iisl/0000-0000-0000-10661006Equality in CanadaNausica Palazzo0University of TrentoThis article intends to address the limits associated with a rigid grounds-based approach to equality, requiring claimants to categorize their identity within an enumerated ground to “deserve” the protection of the equality guarantee. To this end, I first shed light on the irreconcilability of rigid grounds with post-structuralist accounts of identity, and then lay claim to an approach to equality that extends its reach to fluid, intersectional groups. Thereafter, taking Canada as a case study, I parse out the Canadian equality jurisprudence, particularly the cases offering an analysis of the aforementioned grounds. I then move to sketch out two proposals to overcome the risks associated with the current equality jurisprudence, by focusing on marital status discrimination. I ultimately offer a cursory overview of the complex interplay between approaches to equality and the organization of interest groups, and illustrate the issues around the organization of “post-identity groups”.https://opo.iisj.net/index.php/osls/article/view/1097groundsequalitydiscriminationfamiliescanada |
| spellingShingle | Nausica Palazzo Equality in Canada Oñati Socio-Legal Series grounds equality discrimination families canada |
| title | Equality in Canada |
| title_full | Equality in Canada |
| title_fullStr | Equality in Canada |
| title_full_unstemmed | Equality in Canada |
| title_short | Equality in Canada |
| title_sort | equality in canada |
| topic | grounds equality discrimination families canada |
| url | https://opo.iisj.net/index.php/osls/article/view/1097 |
| work_keys_str_mv | AT nausicapalazzo equalityincanada |