A Rights-Based Approach to Indigenous Women and Gender Inequities in Resource Development in Northern Canada

Headings: 
Title: 
A Rights-Based Approach to Indigenous Women and Gender Inequities in Resource Development in Northern Canada
Journal Citation: 
27(1) REVIEW OF EUROPEAN, COMPARATIVE & INTERNATIONAL ENVIRONMENTAL LAW, 63-74 (2018)

This article uses international human rights norms to address the social and environmental risks that extractive industries pose to Indigenous communities and, particularly, Indigenous women. As resource extraction projects increase across Northern Canada, Indigenous women are found to be uniquely vulnerable to the economic, social, and physical risks of the industry. The article asserts that modern international human rights frameworks relating to Indigenous women and resource extraction are not adequately implemented into extraction related domestic law and policy. Furthermore, the authors point out that the Canadian government’s constitutional duty to negotiate in good faith has yet to give rise to jurisprudence on Indigenous women’s land and resource development rights. The article urges the Canadian government to adopt a rights-based approach to resource extraction. A rights-based approach to extractive industry activities will address the gendered dimension of resource development, as well as reconciliation more broadly, by invoking consultation obligations and international human rights processes to reduce health and safety risks.