A/HRC/41/42/Add.1
culturally appropriate programmes and services create shame, which hinders indigenous
women and LGBTQ2 people from gaining access to the legal system, healing resources and
permanent, affordable housing.
56.
The immigration and labour migration system implemented under the Temporary
Foreign Worker Program allows Canadian employers to hire documented foreign nationals.
In the case of foreign nationals who are undocumented, however, they face conditions of
labour and economic scarcity and coercion, as well as a lack of access to social services,
such as health care, which can lead to the criminalization and marginalization of migrant
women and expose them to trafficking and sex work, with the related risks of detention and
deportation. This has the perverse impact of disincentivizing women migrants from
reporting rapes, assaults or other violations.
E.
Online violence against and harassment of women and girls
57.
Online violence against women is an emerging issue in Canada. In the light of her
thematic work on online violence against women and girls (A/HRC/38/47), the Special
Rapporteur welcomes the country’s legislative response on this matter, the creation of a
new offence under the Criminal Code regarding the non-consensual distribution of intimate
images and the adoption of similar provisions in Alberta, Manitoba and Newfoundland and
Labrador. She also welcomes the budget allocation to invest in preventing teen dating
violence and cyberbullying initiatives and the creation of the “Digital Inclusion Lab” within
Global Affairs Canada, which is focusing on technology-facilitated violence against women
and girls, digital threats to liberal democracy and artificial intelligence and human rights.
She further welcomes the work carried out by the Citizen Lab of the University of Toronto,
an interdisciplinary laboratory focusing on research, development and high-level strategic
policy and legal engagement at the intersection of information and communication
technologies, human rights and global security while integrating a gender and diversitybased analysis. 27 Such good practices should be systemically implemented in all
jurisdictions.
F.
Violence against women and girls relating to reproductive and sexual
rights and health
58.
While there are no criminal laws restricting access to abortion in Canada, the Special
Rapporteur notes that the lack of access to safe abortion services continues to be a barrier
for women, in particular those in rural or remote regions. 28 In addition, while there are no
laws requiring parental consent nor imposing restrictions to abortion on the basis of age,
young women seeking abortion services have reported experiencing stigmatization from
health-care providers.
59.
During her visit, the Special Rapporteur was also informed of several alleged cases
of the forced sterilization of indigenous women in Canada. 29 After several women, in
particular indigenous women, reported having been victims of this practice, there has been
some official recognition of such episodes of gender-based violence.
60.
In this regard, the Saskatoon Health Region apologized to indigenous women who
had been coerced into surgery that prevented them from bearing more children and
27
28
29
Catherine Taylor, “Health and safety issues for aboriginal transgender/two spirit people in Manitoba”,
Canadian Journal of Aboriginal Community-based HIV/AIDS Research, vol. 2 (2009), pp. 63–84.
See https://citizenlab.ca/wp-content/uploads/2017/11/Final-UNSRVAG-CitizenLab.pdf.
See Wendy V. Norman and others, “Barriers to rural induced abortion services in Canada: findings of
the British Columbia abortion providers survey”, PLoS ONE, vol. 8, No. 6 (June 2013), e67023.
See Amnesty International, “Canada: human rights promises must be backed by action”, submission
for the thirtieth session of the Working Group on the Universal Periodic Review, 2018, and Maurice
Law Barristers & Solicitors, “Forced sterilization of indigenous women in Canada”, submission to the
Inter-American Commission on Human Rights, 9 February 2018.
11
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