Tuesday, July 15, 2008

Yes, Breastfeeding is a Human Right

Yes, this even applies in a little town called Yarmouth.

Today I heard a story that left me a little bit speechless. I assumed that business owners would be aware of human rights law, and that they wouldn't want to leave themselves open to potential discrimination suits.

There is no gain to be had in naming the business or individual involved, but let's just say, it seems some re-education is required.

While I'm sure no one would tell someone who is (insert ethnicity, handicap, etc) that they need to leave their establishment, apparently it's still acceptable to tell a breastfeeding mother that she needs to leave the premises.

Now, it's one thing to ask a mom to cover up. Most moms do anyway. (Although I wish you luck in getting the baby to cooperate - do YOU like to eat with your head under a blanket?) But to tell her she needs to leave the area, to go to the bathroom, to her car, to another room - well, that's where you're going to get into trouble.

I can see how it might make you uncomfortable to see someone feeding her baby. I suppose some people are unable to separate the feeding function of breasts from their sexual function. Although frankly, I don't think that's the baby's fault.

I saw a delightful slogan a few days ago: "If my breastfeeding offends you, feel free to put a blanket over your head." I might just have to get it printed on t-shirts and hand them out to local moms.

But I digress.

For those business owners who are interested in staying within the bounds of Nova Scotia law, here are the nitty gritty details in short and sweet form: IT'S A PROTECTED RIGHT. As in, it's allowed. Everywhere.

"The policy states that women can't be told to move to a more discreet area to breastfeed or feel compelled to do so. The policy also states that women who need to breastfeed while working should be accommodated to do so
up to the point of undue hardship on the employer."
(http://www.gov.ns.ca/news/details.asp?id=20000601002)



On February 18, 2000 the Nova Scotia's Human Rights Act clarified the law regarding discrimination based on sex and family status.

2.19 Under the Human Rights Act women are protected from discrimination and harassment because of sex, which includes pregnancy, and family status, which means being in a parent-child relationship. In Nova Scotia it is illegal to discriminate because a women is or was pregnant, because she may become pregnant or because she has had a baby. This includes a woman's right to breast-feed her baby.

2.19.1 The Human Rights Act prohibits discrimination in the area of "the provision of or access to services and facilities". Woman have the right to breast-feed a child in public areas, including restaurants, retail stores and shopping centres, theatres and so forth. Women shall not be prevented from nursing a child in a public area, nor asked to move to another area that is more "discreet".

2.19.2 The Human Rights Act prohibits discrimination in the area of employment against women who are breastfeeding. Employers have a duty to accommodate employees who are breastfeeding. This duty is limited only if the accommodation would create undue hardship. Accommodation could include allowing the employee to have the baby brought into the workplace by a caregiver for feeding, and arranging a quiet place to breast-feed. The onus is on the employer to show an undue hardship if a request for accommodation related to breastfeeding is refused.

2.19.3 The Nova Scotia Human Rights Commission will accept complaints of discrimination based on sex and/or family status related to breastfeeding, and will deal with them in accordance with the above policies.

(http://www.infactcanada.ca/humanright.htm)




Breastfeeding Policy
Approved by the Nova Scotia Human Rights Commission

Under the Human Rights Act women are protected from
discrimination and harassment because of sex, which includes pregnancy, and family status, which means being in a parent-child relationship. In Nova Scotia it is illegal to discriminate because a woman is or was pregnant, because she may become pregnant or because she has had a baby. This includes a woman's right to breastfeed her child.

(1) The Human Rights Act prohibits discrimination in the area of "the provision of or access to services and facilities." Women have the right to breastfeed a child in public areas, including restaurants, retail stores and shopping centres, theatres and so forth. Women should not be prevented from nursing a child in a public area, nor asked to move to another area that is more "discreet."

(2) The Human Rights Act prohibits discrimination in the area of employment against women who are breastfeeding. Employers have a duty to accommodate employees who are breastfeeding. This duty is
limited only if the accommodation would create an undue hardship. Accommodation could include allowing the employee to have the baby brought into the workplace by a care-giver for feeding, and arranging a quiet place to breastfeed. The onus is on the employer to show an undue hardship if a request for accommodation related to breastfeeding is refused.

(3) The Nova Scotia Human Rights Commission will accept
complaints of discrimination based on sex and/or family status related to breastfeeding, and will deal with them in accordance with the above policies.

(http://www.gov.ns.ca/news/details.asp?id=20000601002)

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