This article considers whether, in the absence of a legislative commitment to full recognition of social rights, it makes sense to advocate that social condition be recognised as a ground of discrimination. The article firstly suggests that, philosophically, there is a close relationship between social rights and discrimination law. Secondly, social condition, if recognised as a ground of discrimination, would designate an identifiable group, allowing for adjudication of claims in this area. Furthermore, concerns about judicial competence and legitimacy in the field of welfare could be circumvented through use of an appropriate standard of review. Finally, the article considers the utility of recognising social condition as a ground of discrimination and concludes that it would allow courts to decide cases in which a group has been excluded from a social program as well as cases of 'retrogression', where social provision has been unjustifiably reduced. This approach could not, however, generate positive action. For that, social rights are required.
|Number of pages||16|
|Journal||Saskatchewan Law Review|
|Publication status||Published - 2006|