foreign nationals whose presence is permitted or persons who have submitted an application for permanent residence on H&C grounds are eligible for welfare and disability assistance. However, a person with a TRP and those subject to an unenforceable removal order are not eligible for welfare and disability assistance in Quebec. Due to the identified discrepancies and gaps in Canada’s healthcare, welfare and disability assistance legal framework, it appears that some stateless persons who could be considered “lawfully staying” or “implicitly lawfully staying” are not accorded the same treatment as Canadian citizens in accessing their rights to public relief under Article 23. Therefore, Canada is reminded of its applicable international human rights obligations towards stateless persons in accessing healthcare and social assistance. c. Canada’s International Human Rights Obligations Article 11(1) of the ICESCR states that State Parties are to “recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and…to the continuous improvement of living conditions.”387 Furthermore, Article 12(1) of that Convenant requires States Parties to “recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.”388 In this regard, the CESCR has communicated that the ground of nationality should not bar access to Covenant rights, such as accessing adequate food and affordable healthcare because Covenant rights apply to everyone including non-nationals, such as refugees, asylum-seekers, stateless persons, migrant workers and victims of international trafficking, regardless of legal status and documentation.389 In addition, although the IFHP provides some added protection for the healthcare rights of children and pregnant women who are eligible for the IFHP, a review of the IFHP, provincial healthcare, welfare and disability assistance programs illustrate that stateless pregnant women and children who are not eligible for the IFHP or provincial programs could be at risk of being denied their rights to healthcare and social assistance. In this respect, Canada has obligations under Article 24 of the Convention on the Rights of the Child to “recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.”390 Furthermore, Article 27(1) requires that States Parties “recognize the right of every child to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development…”391 On women’s rights, Canada is obligated under Article 12 of the Convention on the Elimination on All Forms of Discrimination Against Women (CEDAW): 1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health care services, including those related to family planning. ICESCR, supra note 235 at Art. 11(1). ICESCR, supra note 235 at Art. 12(1). 389 General Comment 20, supra note 234. 390 Convention on the Rights of the Child, supra note 272 at Art. 24. 391 Ibid., at Art. 27. 387 388 82