First Nations, Metis, and Inuit Women's Health: A Rights-based Approach

Authors: 
Title: 
First Nations, Metis, and Inuit Women's Health: A Rights-based Approach
Title of Journal: 
Journal Citation: 
54(3) ALBERTA LAW REVIEW, 611-636 (2017)

Male-centred legislation, policies and institutions that are the hallmarks of Canada's colonial history have had a long-lasting impact on the health of Indigenous women. Although Indigenous women have unique sets of constitutionally protected rights, the government has failed to protect those rights. Traditionally, Indigenous peoples have understood and practiced an integrated approach to health - however, by all health status indicators, Indigenous peoples in Canada suffer from disproportionately poor health compared to the non-Indigenous population. The residential school system, the child welfare system, overrepresentation of Indigenous people in the justice system, chronic law income and poverty, substandard housing, lack of self-determination, and unequal standards of education are all factors that have contributed to ill health. The purpose of this article is to present a constitutional rights-based approach to address the constitutional and human rights violations within the context  of a distinctive Indigenous appreciation of social rights and of women's substantive equality. The first section of the article is an overview of the health status of Indigenous women in Canada. The second section is a description of the rights-based approach to health, which Canada is bound to under international law. In the final section, the author suggests that a constitutional equality rights framework may offer a promising basis for future right to health claims by Indigenous women.