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International Migrants' Right to Sexual and Reproductive Health Care

Yin-Yuan Chen, Professor, Faculty of Law, University of Ottawa (Common Law section)

Kathleen Hammond, Professor, Lincoln Alexander School of Law, Toronto Metropolitan University

International migration puts people’s sexual and reproductive health (SRH), particularly those of women and children, at increased risk. However, many international migrants are denied access to timely and adequate SRH information, goods, and services by governments and/or service providers. This workshop reviews the barriers frequently faced by migrants in accessing SRH care and highlights the incongruence between these barriers and international human rights norms, including the guarantee of the rights to health and non-discrimination. Particular attention will be paid to the views issued by the Human Rights Committee in 2018 in Toussaint v Canada, which found the Canadian government’s hindrance of migrants’ access to health care a violation of the rights to life and equality based on immigration status. The implication of this case on migrants’ health care entitlement in Canada will also be explored.

Y.Y. Brandon Chen (MSW 2005, JD 2010, SJD 2020) is an assistant professor at University of Ottawa’s Faculty of Law, Common Law Section, with expertise in health law, constitutional law, and immigration and refugee law. Trained as a lawyer and a social worker, his research leverages socio-legal studies, action research, and community engagement to critically examine health inequities facing noncitizens and racialized minorities. His published work has touched on such topics as migrant health care, the right to health, social determinants of health, medical tourism, and HIV/AIDS.

Kathleen Hammond is an assistant professor at the Lincoln Alexander School of Law at Toronto Metropolitan University. Prior to joining Lincoln Law, she was a postdoctoral fellow with the Research Group on Health and Law at McGill University’s Faculty of Law and a visiting fellow with the Petrie-Flom Center for Health Law and Policy at Harvard Law School. She holds a JD and BCL from McGill University. She completed an MPhil in Multi-Disciplinary Gender Studies and a PhD in Legal Sociology at the University of Cambridge where she was a Gates Cambridge scholar and a Commonwealth scholar. She teaches and researches in the areas of health law and policy, science and technology law, and gender and families.


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