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Are the medical inadmissibility provisions of Canada's Immigration and Refugee Protection Act (IRPA, 2001) inconsistent with the human rights principles with respect to the treatment of persons with disabilities

Posted on:2009-05-19Degree:LL.MType:Thesis
University:University of Toronto (Canada)Candidate:Chimirova, ElmiraFull Text:PDF
GTID:2446390002490377Subject:Law
Abstract/Summary:
The paper provides a legislative account of Canada's law of entry restrictions with respect to persons with disabilities and argues that Canadian immigration law and policies contradict the principles of inclusion and accommodation that dominate international and domestic human rights law in this area and create vast barriers to full participation of immigrants with disabilities in Canadian society.;First, human rights principles for disabled individuals are extracted from a number of international covenants and domestic sources, including the Canadian Charter of Rights and Freedoms, Canadian Human Rights Act and Ontario Human Rights Code with accompanying jurisprudence. Second, the medical inadmissibility provisions with their jurisprudence are analyzed, and their conflict with human rights principles highlighted. The third section focuses on how Canadian immigration policy could be changed with the aim of incorporating human rights law in terms of allowing the entry to Canada of those who have health impairments.
Keywords/Search Tags:Human rights, Persons with disabilities, Canada, Medical inadmissibility provisions, Immigration
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