5. The preamble, Articles 1, paragraph 3, and 55, of the Charter of the United Nations and article 2, paragraph 1, of the Universal Declaration of Human Rights prohibit discrimination in the enjoyment of economic, social and cultural rights. International treaties on racial discrimination, discrimination against women and the rights of refugees, stateless persons, children, migrant workers and members of their families, and persons with disabilities include the exercise of economic, social and cultural rights, while other treaties require the elimination of discrimination in specific fields, such as employment and education. In addition to the common provision on equality and non-discrimination in both the Covenant and the International Covenant on Civil and Political Rights, article 26 of the International Covenant on Civil and Political Rights contains an independent guarantee of equal and effective protection before and of the law. […] 30. The ground of nationality should not bar access to Covenant rights…The Covenant rights apply to everyone including non-nationals, such as refugees, asylumseekers, stateless persons, migrant workers and victims of international trafficking, regardless of legal status and documentation.234 By not providing for special consideration for the circumstances of stateless persons in Canada, Canada may be indirectly discriminating against stateless persons on the basis of nationality in their ability to obtain wage-earning employment. This may be contrary to Canada’s obligations under Article 6(1) of the ICESCR and “the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts.”235 IV. Recommendations 11) Citizenship and Immigration Canada should clarify what status or authorization is required for a stateless person to be considered “lawfully staying” and “lawfully in” Canada. 12) In support of Recommendation #5, further research should be conducted on the practical obstacles stateless persons experience in order to engage in wage-earning employment in Canada. 13) Citizenship and Immigration Canada should provide the following information on work permits issued to stateless persons: • The number of stateless persons who apply for work permits, including applications for a work permit under section 206(1)(b) of the IRPA UN Committee on Economic, Social and Cultural Rights (CESCR), General comment No. 20: Nondiscrimination in economic, social and cultural rights (art. 2, para. 2, of the International Covenant on Economic, Social and Cultural Rights), 2 July 2009, E/C.12/GC/20, at para. 30, available at: http://www.refworld.org/docid/4a60961f2.html [CESCR General comment No. 20]. 235 International Covenant on Economic, Social and Cultural Rights, 16 December 1966, United Nations, Treaty Series, vol. 993, p. 3, at Art. 6, available at: http://www.refworld.org/docid/3ae6b36c0.html (entered into force 3 January 1976, accession by Canada 19 May 1976) [ICESCR]. 234 47 47