OSGOODE HALL LAW JOURNAL

The German Abortion Decisions and the Protective Function in German and Canadian Constitutional Law

This article discusses the German Constitutional Court’s decision on abortion rights, that the state was under a constitutional duty to protect the foetus from deprivations of its interest in life by the pregnant woman. The authors suggest that Canadian constitutional law academics and advocates for reproductive rights could benefit from studying the German abortion decisions, despite the surrounding controversy.

Aboriginal and Treaty Rights and Violence against Women

In this article, the author argues that one reason violence against aboriginal women in Canada has not received adequate attention is because political discourse within Indigenous communities, influenced by the way Canadian courts frame Indigenous issues, has focused on other matters. The author specifically addresses the jurisprudence on s 35(1) of the Canadian Constitution Act, 1982. Section 35 recognizes and affirms the aboriginal and treaty rights of aboriginal peoples in Canada. The author suggests that s 35(1) jurisprudence has focused on land and

Human Rights and Migrant Domestic Work: A Comparative Analysis of the Socio-Legal Status of Filipina Migrant Domestic Workers in Canada and Hong Kong

This article examines the impact of laws and policies on the human rights and socio-legal status of Filipina migrant domestic workers who participate in Canada's Live-in Caregiver Program by comparing their situation to that of Filipina migrant domestic workers in Hong Kong. The author finds that the laws and policies in both countries allow for the mistreatment of Filipina migrant domestic workers in order to supply a demand for cheap childcare and homecare labour.