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gender-based discrimination

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522

Cheung v. Canada

After having her first child in China in 1984, Cheung had three abortions and moved to a new province in 1986 to avoid problems with local authorities on the basis of China’s one-child policy. Cheung had another child in that province. Cheung moved to Canada, knowing that she would be sterilized if she returned to China. The Immigration and Refugee Board determined that Cheung and her daughter did not have the “well-founded fear of persecution” necessary for Convention refugee status, and Cheung appealed.

Chu v. Canada

Ms. Chu is a citizen of China who was smuggled into Canada as a minor, arrested by Citizenship and Immigration Canada while she was being smuggled into the United States, and subsequently detained for eight months. Ms. Chu filed a refugee claim with the Immigration and Refugee Board, which was rejected. In rejecting her claim, however, the Board accepted that Ms. Chu was a member of a social group comprising rural young women from China, and that as such, Ms. Chu was a “very vulnerable member of society.” Ms.

Collective Labor Agreement No. 95 of 10 October 2008

The Collective Labor Agreement No. 95 of 10 October 2008 was established by the National Labor Council to ensure compliance with equal treatment principles at all stages of the employment relationship. Equal treatment implies the absence of discrimination based on several factors, including gender and sexual orientation. The principle of equal treatment must be complied with at every stage of the labor market, e.g., the employment relationship, the conditions for access to employment, conditions for employment, and termination of employment.

Janzen v. Platy Enterprises Ltd

The appellant waitresses had been harassed while working at Pharos Restaurant, a restaurant owned by Platy Enterprises Ltd. Multiple waitresses endured sexual harassment from the same employee. In each individual incident, the waitresses resisted the conduct and one waitress spoke to management. While the harassment stopped, the offending employee continued to behave in an “unpleasant manner.” An adjudicator for the Manitoba Human Rights Commission awarded damages to the victims of sexual harassment and found that they had been “victims of sex discrimination contrary to s.

Kalulu v. Mahirima

The father of the deceased objected to the appointment of his son’s wife as an administratrix of the will. He claimed that there was no evidence that a customary marriage had taken place between his son and the respondent or that the couple had not been divorced in the interim. He also contended that Chagga customary law on succession and inheritance barred women from administering wills. The Court dismissed his appeal.

Macarthys Ltd v. Smith [1980] 3 W.L.R. 929

Mr. M., the manager of the stockroom in one of the warehouses of the employers left his employment. After four months of the post remaining vacant the employee, Mrs. Smith, was appointed as the manageress of the stockroom. Her duties differed slightly from Mr. M's duties. She was paid about £10 less than he was. She argued that this breached the UK’s Equal Pay Act 1970. The Court of Appeal held that that Act does not allow comparisons with former colleagues; however, the ECJ held that EU law allows such comparison, reversing that Court of Appeal’s judgment.

National Women's Council Act of 1993 (amended 2010, 2015)

The National Women’s Council Act (“NWCA”) creates women’s councils to coordinate and promote the organization of “the women of Uganda in a unified body; and to engage the women in activities that are of benefit to them and the nation.”  There are village, parish/ward, subcounty/division/town, county, and district women’s councils, each of which is comprised of all of the women in the geographical region.  Each council elects a six-member leadership committee, members of which may only serve on one at a time (e.g., if a woman is on the village committee and is then elected to the p

Succession Act (Amendment) Decree 22/72 of 1972

Uganda allows for customary law to govern many situations, but the Succession Act restricts their applicability in inheritance cases.  It enshrines women’s right to inherit from husbands, but also privileges men because 1) the property of a married woman who dies intestate automatically will go to her spouse, unlike a man who dies intestate; 2) the matrimonial home will go to the legal heir, the determination of which prioritizes male relatives; 3) a widow (or widows in polygamous marriages, who must share) may only inherit 15% of her husband’s estate; and 4) maintenance and occupancy

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