[Human rights and transgender surgery]. / Droits de la personne humaine et chirurgie de la transidentité.

René Sève recalls that Contemporary Law in the Western World is based on autonomy of equal subjects, mutually recognizing the right to each carry out their own life project. The LGBTQIA+ person therefore exercises their ability to be their own species, according to Kirkegaard's word. It remains that "life project" also implies a constraint of stability and rationality. The author then shows, using Canadian and French statistical data, the difficulties of achieving this ideal for minors and, for adults, the other medical, paramedical and social conditions required. The rights of LGBT people cannot be considered independently of the physical and financial limits of the health system and therefore of the public debate on its priorities.

"Hotel Refuses Negro Nurse": Gloria Clarke Baylis and the Queen Elizabeth Hotel.

On 2 September 1964, one day after the Act Respecting Discrimination in Employment was introduced in Quebec, Gloria Clarke Baylis, a British-trained Caribbean migrant nurse, inquired about a permanent part-time nursing position at the Queen Elizabeth Hotel (QEH). In response, she was told that the position had already been filled. Less than a year later, Gloria appeared as the key witness in Her Majesty the Queen, Complainant v. Hilton of Canada Ltd., Accused, to determine whether the QEH violated the new legislation. Drawing on excerpts from the court transcript, this article expands and complicates intersectionality as a theoretical framework to include other markers of difference. Critical to this discussion are two interrelated concerns: first, the connection between Gloria's experience at the QEH and Black women's historical relationship to nursing; second, how her subjectivity and identity influenced her decision to pursue the lawsuit.

Consent and Inclusion of People Living with Dementia (PLWD) in Research: Establishing a Canadian Agenda for Inclusive Rights-Based Practices.

BACKGROUND: People living with dementia (PLWD) may want to participate in research, but the guidelines and processes enacted across various contexts may prohibit this from happening. OBJECTIVE: Understanding the experiences of people with lived experiences of dementia requires meaningful inclusion in research, as is consistent with rights-based perspectives. Currently, the inclusion of PLWD in Canadian research is complex, and guidelines and conceptual frameworks have not been fully developed. METHODS: This research note outlines a three-year proof-of-concept grant on the inclusion and consent of PLWD in research. FINDINGS: It presents a brief report on some of the contradictions and challenges that exist in legislation, research guidelines, and research practices and raises a series of questions as part of an agenda on rights and inclusion of PLWD in research. DISCUSSION: It suggests conceptual, legal, and policy issues that need to be addressed and invites Canadian researchers to re-envision research practices and to advocate for law and policy reform that enables dementia research to align and respect the rights and personhood of PLWD.

Exploring the Role of Occupational Therapy and Forced Migration in Canada.

Background. In response to increasing forced migration across the globe, Canadian occupational therapists are returning to the profession's social justice roots by exploring this emergent area of practice. Purpose. This research explores occupational therapy practices with forced migrants in a Canadian context. Method. Grounded in critical epistemologies, the researchers conducted 12 semi-structured interviews with occupational therapists, students, and researchers connected to displacement. Data were analyzed using thematic analysis. Findings. Four themes describe current occupational therapy practices related to forced migration: 1) engaging clients in new environments, 2) translating the everyday, 3) connecting and networking, and 4) advocating for occupational justice. Implications. This research contributes to the advancement of occupational therapy and forced migration by documenting the diverse and fluid nature of occupational therapy roles. Further, the paper outlines promising reflexive practices while forwarding advocacy priorities for (occupational) justice.

Occupational injustice: A critique.

BACKGROUND: Although the idea of occupational injustice pervades the occupational therapy literature, there has been little scholarly debate concerning this construct or the parameters of the five identified forms of occupational injustice. PURPOSE: The aims of this paper are to highlight conceptual confusions, foreground some inherent questions that have been neither acknowledged nor addressed, and question the theoretical and practical utility of five manifestations of occupational injustice. KEY ISSUES: Few theorists have contributed to the occupational injustice literature. Significant definitional confusion exists concerning the five forms of occupational injustice with some forms described as subsets of others. The inherent problems of judging occupational injustice have not been addressed. IMPLICATIONS: If occupational injustice were understood as a violation of occupational rights-human rights to achieve well-being through occupation-many of the problems of identifying a situation of occupational justice or injustice would be resolved. Using the capabilities approach to human rights would facilitate this endeavour.

Towards best practice in physical and physiological employment standards.

While the scope of the term physical employment standards is wide, the principal focus of this paper is on standards related to physiological evaluation of readiness for work. Common applications of such employment standards for work are in public safety and emergency response occupations (e.g., police, firefighting, military), and there is an ever-present need to maximize the scientific quality of this research. Historically, most of these occupations are male-dominated, which leads to potential sex bias during physical demands analysis and determining performance thresholds. It is often assumed that older workers advance to positions with lower physical demand. However, this is not always true, which raises concerns about the long-term maintenance of physiological readiness. Traditionally, little attention has been paid to the inevitable margin of uncertainty that exists around cut-scores. Establishing confidence intervals around the cut-score can reduce for this uncertainty. It may also be necessary to consider the effects of practise and biological variability on test scores. Most tests of readiness for work are conducted under near perfect conditions, while many emergency responses take place under far more demanding and unpredictable conditions. The potential impact of protective clothing, respiratory protection, load carriage, environmental conditions, nutrition, fatigue, sensory deprivation, and stress should also be considered when evaluating readiness for work. In this paper, we seek to establish uniformity in terminology in this field, identify key areas of concern, provide recommendations to improve both scientific and professional practice, and identify priorities for future research.

Human rights at work: Physical standards for employment and human rights law.

This review focuses on the human rights dimensions of creating and implementing physical standards for employment for prospective and incumbent employees. The review argues that physical standards for employment engage two fundamental legal concepts of employment law: freedom of contract and workplace human rights. While the former promotes an employer's right to set workplace standards and make decisions of whom to hire and terminate, the latter prevents employers from discriminating against individuals contrary to human rights legislation. With reference to applicable human rights legislative regimes and their judicial interpretation in Canada, the United States, the United Kingdom, and Australia, this review demonstrates the judicial preference for criterion validation in testing mechanisms in the finding of bona fide occupational requirements. With particular attention to the Supreme Court of Canada decision in Meiorin, this review argues that an effective balance between workplace safety and human rights concerns can be found, not in applying different standards to different groups of individuals, but in an approach that holds employers to demonstrating a sufficient connection between a uniform physical standard of employment and the actual minimum requirements to perform the job safety and efficiently. Combined with an employer's duty to accommodate, such an approach to lawful physical standards for employment conceives of worker and public safety and workplace diversity as emanating from a shared concern for human rights.

[The law of March 4th, 2002 - the Patient's Rights Statute]. / La loi du 4 mars 2002 relative aux droits des malades, changement de modèle, changement de règles.

With regards to the health professionals-patients relationships, this Statute marked a transition from a system to another : from the "knowing" professional one to the patient-actor one. The rights granted to patients are designed to given them the means to become such a player.

Précis - Discours commémoratif Muriel Driver 2017 Possibilités en matière de bien-être: Le droit à la participation occupationnelle.

Le thème du Congrès 2017 de l'Association canadienne des ergothérapeutes a suscité des réflexions sur les différentes manières d'orienter l'avenir de notre profession. But. Ce discours commémoratif Muriel Driver examine comment nous pourrions façonner l'avenir de l'ergothérapie afin qu'elle devienne plus importante, plus pertinente et plus avantageuse pour la société. Questions clés. Comme la participation occupationnelle est essentielle au bien-être humain et comme le bien-être fait partie intégrante des droits de la personne, l'ergothérapie pourrait promouvoir le droit de toute personne de participer à des occupations qui contribuent positivement à son propre bien-être et à celui de sa communauté. Conséquences. L'importance de l'ergothérapie pour la société sera manifeste lorsque nous nous concentrerons sans ambiguïté sur le bien-être, lorsque nous déploierons nos efforts au-delà de l'amélioration des capacités des individus dont la vie est déjà touchée par la maladie, les blessures ou les handicaps et lorsque nous aborderons les différents moyens d'atteindre le bien-être par la participation occupationnelle de toutes les personnes dont les possibilités-les occasions de faire ce que leurs capacités leur permettent de faire-sont contraintes de manière inéquitable.