Below is a detailed list of human rights for birthing people in Newfoundland and Labrador, Canada, formatted for clarity and ease of understanding. This information is based on the Newfoundland and Labrador Human Rights Act, the Canadian Human Rights Act, and relevant case law and policies, with a focus on protections specific to pregnancy, childbirth, and related circumstances. The list is designed to be accessible for clients, avoiding legal jargon where possible and focusing on practical rights.
Human Rights for Birthing People in Newfoundland and Labrador
As a birthing person in Newfoundland and Labrador, you have specific rights protected under the Newfoundland and Labrador Human Rights Act and, where applicable, the Canadian Human Rights Act. These laws ensure you are treated fairly and with dignity during pregnancy, childbirth, and postpartum periods. Below is a clear breakdown of your rights in various settings, such as workplaces, healthcare, housing, and public services.
1. Protection Against Discrimination
You have the right to be free from discrimination or harassment because you are pregnant, planning to become pregnant, or have recently given birth. This protection extends to:
Workplace: Employers cannot treat you unfairly in hiring, promotions, wages, benefits, or firing because of your pregnancy or related conditions (e.g., breastfeeding, postpartum recovery). For example, you cannot be fired or demoted for taking maternity leave or needing accommodations during pregnancy.
(https://www.findnewfoundlandlabrador.com/live/your-rights/human-rights/)
Housing: Landlords cannot refuse to rent to you or treat you differently because you are pregnant or have a child.
Public Services: You cannot be denied access to services (e.g., restaurants, stores, public transit) or harassed because you are pregnant or breastfeeding.
Key Point: The Newfoundland and Labrador Human Rights Act prohibits discrimination based on sex, family status, marital status, and disability (which can include pregnancy-related conditions). However, family status protections are limited compared to other provinces, so some issues may be addressed under sex or disability.
(https://www.ohrc.on.ca/en/human-rights-and-family-ontario/family-status-and-human-rights-canada)
2. Right to Workplace Accommodations
Employers in Newfoundland and Labrador must make reasonable adjustments to support you during pregnancy and postpartum, unless it causes significant hardship to their business. Your rights include:
Modified Duties: If your job involves tasks that are unsafe or difficult due to pregnancy (e.g., heavy lifting, long hours standing), you can request changes, such as lighter tasks or a different role.
Flexible Scheduling: You may request adjusted work hours or breaks to attend medical appointments or manage pregnancy-related needs.
Maternity and Parental Leave: You are entitled to unpaid maternity and parental leave under the Newfoundland and Labrador Labour Standards Act (not a human rights law, but related). Employers cannot penalize you for taking this leave.
Example: If you’re a cleaner and find it hard to bend or lift heavy items during pregnancy, your employer should assign you to less physically demanding tasks if possible.
(https://www.ohrc.on.ca/en/human-rights-obligations-related-pregnancy-and-breastfeeding-case-law-review)
3. Right to Breastfeed in Public and at Work
You have the right to breastfeed or express milk without harassment or being asked to leave or move to a private area. This applies to:
Public Spaces: You can breastfeed in places like restaurants, malls, parks, or public transit without being disturbed.
Workplace: Employers must provide reasonable accommodations, such as breaks or a private space to express milk, if requested.
Key Point: While breastfeeding rights are explicitly protected in provinces like Ontario, Newfoundland and Labrador’s protections fall under the sex or disability provisions of the Human Rights Act.
(https://www.ohrc.on.ca/en/part-ii-interpretation-and-application/pregnancy)
4. Right to Informed Consent in Healthcare
During pregnancy and childbirth, you have the right to make decisions about your body and medical care. This includes:
Bodily Autonomy: No medical procedure (e.g., examinations, interventions, or surgeries) can be performed without your clear, informed consent, except in emergencies where you cannot communicate (e.g., unconsciousness) or if you lack legal capacity under the Mental Capacity Act. Forcing or pressuring you into procedures violates your rights.
Choice of Birth Location and Support: You can choose where to give birth (e.g., hospital, home, or birthing center) and who supports you (e.g., partner, doula, or midwife), as long as it’s safe and within healthcare guidelines.
Information: Healthcare providers must give you clear, unbiased information about risks, benefits, and alternatives for any procedure or treatment to help you make informed choices.
Key Point: For Indigenous birthing people, the right to incorporate cultural ceremonies or traditional midwives into childbirth is supported under frameworks like the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), though practical access may vary in Newfoundland and Labrador.
(https://pmc.ncbi.nlm.nih.gov/articles/PMC8233033/)
(https://www.hhrjournal.org/2021/06/16/indigenous-birth-as-ceremony-and-a-human-right/)
(https://birthrights.org.uk/factsheets/human-rights-in-maternity-care/)
5. Protection for Indigenous Birthing People
Indigenous birthing people (First Nations, Métis, and Inuit) have additional rights to culturally safe care, rooted in historical and ongoing challenges with healthcare access. These include:
Cultural Safety: You have the right to healthcare that respects your cultural practices, such as traditional birthing ceremonies or support from Indigenous midwives or Knowledge Keepers.
Non-Discrimination: You cannot be treated differently or denied care due to your Indigenous identity. This is especially important given historical issues like forced sterilizations or segregation in healthcare.
(https://amnesty.ca/features/call-on-provinces-and-territories-in-canada-to-end-sterilization-without-consent/)
Access to Care: Efforts are being made to “bring birth home” to Indigenous communities, reducing the need to travel long distances (e.g., 50–350 km for First Nations women on reserves) for childbirth. However, challenges remain in Newfoundland and Labrador due to limited local birthing facilities.
(https://pmc.ncbi.nlm.nih.gov/articles/PMC8233033/)
6. Right to Non-Discrimination for Trans and Gender-Diverse Birthing People
Trans and gender-diverse individuals who can become pregnant or breastfeed are protected under the gender identity and gender expression provisions of the Newfoundland and Labrador Human Rights Act.
Your rights include:
Respect for Identity: Healthcare providers, employers, and service providers must respect your gender identity and pronouns.
Access to Care: You cannot be denied pregnancy or childbirth-related care based on your gender identity or expression.
Legal Gender Changes: Since 2016, Newfoundland and Labrador allows changes to sex markers on birth certificates without requiring gender confirmation surgery. Gender-neutral birth certificates are also available, as seen in the case of Gemma Hickey in 2017.
(https://en.wikipedia.org/wiki/Transgender_rights_in_Canada)
Example: A trans person assigned female at birth who is pregnant has the same rights to workplace accommodations or healthcare as any other birthing person.
7. Right to Privacy and Dignity
You have the right to privacy and respectful treatment during pregnancy and childbirth:
Healthcare Settings: Hospitals and clinics must protect your privacy, such as ensuring private rooms or curtains during examinations or childbirth.
Workplace: Your employer cannot share personal details about your pregnancy without your consent.
Public Spaces: You cannot be harassed or shamed for pregnancy-related activities, like breastfeeding or showing your pregnancy.
(https://www.canada.ca/en/public-health/services/publications/healthy-living/maternity-newborn-care-guidelines-chapter-4.html)
8. Rights for Incarcerated Birthing People
If you are pregnant while incarcerated, you have specific rights to ensure your health and your child’s well-being:
Access to Care: You are entitled to proper prenatal and postnatal care, including access to a doula or support person during labor if no one else is available.
Mother-Child Programs: Programs like the Institutional Mother–Child Program allow some incarcerated mothers to keep their child with them, supporting early bonding and healthy development.
Non-Discrimination: Security measures (e.g., guards present during labor) must balance safety with your right to privacy and dignity.
(https://www.canada.ca/en/public-health/services/publications/healthy-living/maternity-newborn-care-guidelines-chapter-4.html)
9. Limitations on Fetal Rights
In Canada, including Newfoundland and Labrador, a fetus does not have legal rights until it is born alive. This means:
- Your rights as a birthing person take precedence over any claims about the fetus. For example, you cannot be forced into medical interventions (e.g., cesarean sections) to “protect” the fetus unless you consent or are unable to make decisions.
- Courts cannot intervene to restrict your choices (e.g., substance use or refusing treatment) for the sake of the fetus, as seen in cases like **Winnipeg Child and Family Services v. D.F.G.** (1997).
(https://www.justice.gc.ca/eng/rp-pr/csj-sjc/harmonization/hfl-hlf/b3-f3/bf3e.html)
(https://canadiancrc.com/Newspaper_Articles/Issue_Fetal_Rights_Canada_Wintermans_25NOV05.aspx)
10. Filing a Complaint
If you believe your rights have been violated (e.g., discrimination at work, denial of healthcare, or harassment), you can:
Contact the Newfoundland and Labrador Human Rights Commission: File a complaint online or by mail. They investigate discrimination based on sex, gender identity, disability, or other protected grounds. The service is free, but response times may vary due to high demand.
(https://thinkhumanrights.ca/)
Federal Complaints: If the issue involves a federally regulated employer or service (e.g., banks, airlines), contact the **Canadian Human Rights Commission.
(https://www.chrc-ccdp.gc.ca/)
Time Limits: Complaints must typically be filed within 12 months of the incident under the Newfoundland and Labrador Human Rights Act.
Contact Info
Newfoundland and Labrador Human Rights Commission P.O. Box 8700, St. John’s, NL, A1B 4J6 | Phone: (709) 729-2709
Website: thinkhumanrights.ca
Canadian Human Rights Commission
Website: chrc-ccdp.gc.ca
Important Notes for Birthing People
Cultural and Regional Challenges: Newfoundland and Labrador’s rural and remote areas, including Indigenous communities, may face barriers to accessing birthing facilities or culturally safe care. Advocate for your needs and seek support from community organizations or doulas if needed.
Documentation: Keep records of any discrimination or denial of rights (e.g., emails, medical records, or witness statements) to support a complaint.
Support Resources: Organizations like midwives, doulas, or Indigenous health advocates can provide guidance and support during pregnancy and childbirth.
Disclaimer
This list is a general guide and not legal advice. For specific situations, contact the Newfoundland and Labrador Human Rights Commission or a lawyer specializing in human rights. If you need help accessing these rights or filing a complaint, let me know, and i can guide you to resources!
Sources
Information is drawn from the Newfoundland and Labrador Human Rights Act, Canadian Human Rights Act, and web sources including thinkhumanrights.ca, canada.ca, and hhrjournal.org. Specific citations are included where applicable.
(https://www.ohrc.on.ca/en/part-ii-interpretation-and-application/pregnancy)
(https://www.canada.ca/en/public-health/services/publications/healthy-living/maternity-newborn-care-guidelines-chapter-4.html)
(https://pmc.ncbi.nlm.nih.gov/articles/PMC8233033/)
This format uses clear headings, bullet points, and practical examples to make the information accessible for clients. Let me know if you need additional details, or help further!