CESCR, the rights of the ICESCR apply to everyone including non-nationals, such as stateless
persons.
In addition, in accordance with its obligations under Article 5(e)(iv) of the ICERD, Canada has
undertaken to eliminate racial discrimination in all its forms and to guarantee the right of
everyone, without distinction as to race, colour, or national or ethnic origin, to equality before
the law in the enjoyment of the right to social security.440 Furthermore, the CERD observes in
General Recommendation No. 30 that although some rights “may be confined to citizens, human
rights are, in principle, to be enjoyed by all persons. States parties are under an obligation to
guarantee equality between citizens and non-citizens in the enjoyment of these rights to the
extent recognized under international law.”441
IV.
Recommendations
21) Employment Insurance legislation should be amended to allow stateless persons to be
eligible for self-employment insurance.
22) If a stateless person is required to provide documentation establishing birth date in order to
collect CPP and OAS benefits for which they are entitled, Canada should not rigidly apply
the requirement when a stateless person does not possess and is unable acquire the necessary
birth documentation.
440
441
ICERD, supra note 274 at Art. 5(e)(iv).
CERD General Recommendation No. 30, supra note 275 at para. 3.
92
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