Canada’s Reservation to Article 12

CIVIL LAW
CANADA’S RESERVATION TO ARTICLE 12
Name of the Student:
Name of the University:
Author’s Note:

CIVIL LAW
United Nations Conventions on the Rights of Persons with Disabilities is the governing
convention for the Canadian law with regard to equality before law without discrimination and
other related rights of the people like right to live in community, right to legal capacity, right to
education and many more. The reason behind the convention is promoting, protecting and
ensuring the full and equal enjoyment of all human rights as well as fundamental freedoms, by
all people including people with disabilities for promoting respect for the inherent dignity. The
scope of the convention is promoting equal life and opportunities for people with disabilities
without any discrimination on social, economic and any other grounds with subject to the
reasonable restrictions. Article 12 of the Act discusses about the equal recognition before the law
and legal capacity of the disable people in all aspects of life. Disability does not mean the person
loses his or her ability to act in his or her legal and social nature. The Act ensures that the people
with disabilities are provided access to the support they may need in the discharge of their duties
in their full legal capacity. The law in itself doesn’t talk about justice to the disabled people on
grounds of various social norms and discrimination created by the people since the prehistoric
times. Justice is a very broad term defining just conduct, righteousness and good conscience of
the person whereas the law is enacted to maintain order in the society. The law only explains
what is lawfully right to do and what the lawful freedoms and rights are given to the dominated
section of the society. Like in the developing countries, lot of emphasis is laid on the
empowerment of women and proper education to women and children. The need for order arises
when a section of people is dominated whereas the other section enjoys complete dominance
over the other. In this aspect, we will discuss the limitation to the law pertaining to the human
relations and its socio-cultural relations. In Granovsky v. Canada (Minister of Employment and
Immigration), (2000), it was held that the parliament had enacted the legislation to benefit the