Aboriginal Women Unmasked: Using Equality Litigation to Advance Women's Rights

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Title: 
Aboriginal Women Unmasked: Using Equality Litigation to Advance Women's Rights
Journal Citation: 
16 CANADIAN JOURNAL OF WOMEN AND THE LAW, 106-136 (2004)
This article is a review of the legal challenges over Aboriginal women's rights brought under the Canadian Bill of Rights, the Canadian Charter of Rights and Freedoms and international human rights law. The author argues that although success has been limited in these litigation claims, the cases are still an essential element of the effort to enforce Aboriginal women's rights in Canada. The article examines specific cases concerning the loss of Indian status, matrimonial property, and rights to participate in decision-making. The author emphasizes the importance of protecting economic and social rights as well as civil and political rights and draws connections between the denial of rights and the poverty experienced by many Aboriginal women. [Descriptors: Indigenous Women, Canada]