I understand this may cause a bit of discussion. I'm a long time lurker, first time poster. I ask that people read what I am saying and provide me with their thoughts, or with an answer if they understand what the law would actually say in this situation. This is a serious question, and is not intended to provoke people. I am hoping that the admins will allow this discussion to take place, and not delete it simply because it may be a challenging discussion to have. I believe that this forum is a place to have discussions, and this is an important issue to everyone here.
I am considering a human rights complaint regarding Canadian Forces hair standards. I am a male in the military.
If I identify myself as a male, I must have short-cropped hair.
Hair shall be taper trimmed
at the back, sides, and above the
ears to blend with the hair-style; be no
more than 15 cm (6 in.) in length and
sufficiently short that, when the hair is
groomed and headdress is removed, no
hair shall touch the ears or fall below the
top of the eyebrows; be no more than 4 cm
(1-1/2 in.) in bulk at the top of the head,
gradually decreasing to blend with the
taper-trimmed sides and back; and be kept
free from the neck to a distance of 2.5 cm
(1 in.) above the shirt collar. Taper trimmed
square back styles and shaving of all the
hair on the head are permitted.
If I identify myself as a female, I may have my hair styled in any of the ways acceptable for a male, in addition to those allowable for a female.
Subsection 15. (1) of the Canadian Constitution says: “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.”
Subsection 3. (1) of the Canadian Human Rights Act says: “For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.”
I believe that Canadian Forces hair standards are a clear case of discrimination on the basis of sex within the legally enforceable regulations of the Canadian Forces (an extension of statutory law). Dress regulations are therefore federal government legislation directly subject to the Constitution.
They clearly discriminate on the basis of gender without any real purpose other than maintaining outdated gender expectations regarding hairstyle. I believe that a human rights commission challenge on this point would be immediately successful.
I am quite serious about this question, and hope it will be taken seriously by forum members. Do you think this has merits?
I am considering a human rights complaint regarding Canadian Forces hair standards. I am a male in the military.
If I identify myself as a male, I must have short-cropped hair.
Hair shall be taper trimmed
at the back, sides, and above the
ears to blend with the hair-style; be no
more than 15 cm (6 in.) in length and
sufficiently short that, when the hair is
groomed and headdress is removed, no
hair shall touch the ears or fall below the
top of the eyebrows; be no more than 4 cm
(1-1/2 in.) in bulk at the top of the head,
gradually decreasing to blend with the
taper-trimmed sides and back; and be kept
free from the neck to a distance of 2.5 cm
(1 in.) above the shirt collar. Taper trimmed
square back styles and shaving of all the
hair on the head are permitted.
If I identify myself as a female, I may have my hair styled in any of the ways acceptable for a male, in addition to those allowable for a female.
Subsection 15. (1) of the Canadian Constitution says: “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.”
Subsection 3. (1) of the Canadian Human Rights Act says: “For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.”
I believe that Canadian Forces hair standards are a clear case of discrimination on the basis of sex within the legally enforceable regulations of the Canadian Forces (an extension of statutory law). Dress regulations are therefore federal government legislation directly subject to the Constitution.
They clearly discriminate on the basis of gender without any real purpose other than maintaining outdated gender expectations regarding hairstyle. I believe that a human rights commission challenge on this point would be immediately successful.
I am quite serious about this question, and hope it will be taken seriously by forum members. Do you think this has merits?