Double Discrimination and Equality Rights of Indigenous Women in Quebec

Double Discrimination and Equality Rights of Indigenous Women in Quebec

Double Discrimination and Equality Rights of Indigenous Women in Quebec

Double Discrimination and Equality Rights of Indigenous Women in Quebecs

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Référence bibliographique [10815]

Duhaime, Bernard et Riverin, Josée-Anne. 2011. «Double Discrimination and Equality Rights of Indigenous Women in Quebec ». University of Miami Law Review, vol. 65, p. 903-922.

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1. Objectifs


Intentions :
«This article will discuss our experience addressing the issues of double discrimination and of equality rights of indigenous women in Quebec. We propose to explore the notion of double discrimination through an intersectional approach by analyzing three specific case studies of indigenous women in this province. Hopefully, this discussion will contribute to a better understanding of how institutional violence persists in different aspects of the private lives of women.» (p. 904)

2. Méthode


Échantillon/Matériau :
«This article is based on the research that we have been undertaking with several partners, including Quebec Native Women and University of Quebec at Montreal’s (UQAM) Service aux collectivités, in a project called Wasayia.» (p. 904)

Type de traitement des données :
Réflexion critique

3. Résumé


«The three situations reveal, to differentiated degrees, how multiple forms of discrimination coexist and interact, having adverse effects on women. The first scenario deals with legislation applicable only to indigenous peoples (providing Indian Status), which regulate men and
women differently because of historical discriminatory provisions. The second deals with a public policy regarding the protection of children, a subject matter central to the private lives of women (i.e., their role as mothers), which, while intended for all Quebecers, is maladapted to the indigenous reality (culturally inadequate responses, absence of adapted resources, etc). The last scenario deals with the lack of legislation applicable to real matrimonial property rights on Indian reserves regarding indigenous persons. Experience has shown that, in this context, women remain unprotected in the case of separation or divorce, losing their rights to the place they used to live in, and often must leave the reserve to find housing elsewhere. In each scenario, the end result is caused by a racial and a gender component, the first triggering or aggravating the second, or vice versa. The intersectional discrimination—the uniqueness of the combined effect of both types of discriminations—is patent. This being said, the double-discrimination effect is multiplied in contexts of family violence, which mainly adversely affects indigenous women.» (p. 920)