Human Rights Remedies

The Authority of Human Rights Tribunals to Grant Systematic Remedies

Abstract: This article addresses a critical issue of human rights law: the authority of human rights tribunals to grant systemic remedies when faced with concerted opposition, particularly from government respondents. The systemic discrimination faced by women, indigenous peoples, prisoners and people with disabilities demands effective remedies. It is clear that human rights tribunals cannot be effective if they are precluded from granting systemic remedies, especially as Canada faces more difficult and complex discrimination that is entrenched in institutional practices. The authors argue that the remedial authority of tribunals should be grounded in the principle of effective remedy, recognizing the unique character of human rights legislation, its broad purposes, distinct provisions and administrative machinery. Such an approach confirms the authority of tribunals to grant systemic remedies.

Citation: Gwen Brodsky, Shelagh Day & Frances Kelly, "The Authority of Human Rights Tribunals to Grant Systemic Remedies" (2017) 6:1 Can J Hum Rts 1.

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