Breastfeeding and the Law
From INFACT Canada (www.infactcanada.ca/HumanRights.htm):
The right to breastfeed anywhere, anytime is protected by the Canadian Charter of Rights and Freedoms (discrimination based on sex). In Canada each province has a Human Rights Code. These codes protect women from discrimination on the basis of sex. To date, only Ontario (www.ohrc.on.ca/english/guides/pregnancy-breastfeeding.shtml) and British Columbia (www.infactcanada.ca/B.C._HR_Policy_Procedure_Manual.htm) specifically detail the rights of breastfeeding mothers. These provisions include time, access and accommodation in the workplace and in public. Ontario has also has a policy on Discrimination Because of Pregnancy (www.ohrc.on.ca/english/publications/pregnancy-policy.shtml). In Canada, legal precedent has not been set to specifically include breastfeeding under human rights protection to date, however, the Supreme Court of Canada decision, Brooks v. Canadian Safeway Ltd. (1989), 59 D.L.R. (4th) 321 (S.C.C.), Dickson C.J.C. confirms that pregnancy discrimination is sexual discrimination since only women can become pregnant. If challenged about breastfeeding in public, find out more information at www.infactcanada.ca/BreastfeedinginPublic.htm. Scotland
Under The Breastfeeding Etc. (Scotland) Bill, it is an offense to prevent or stop a person in charge of a child who is otherwise permitted in a public place or licensed premises from feeding milk to that child in that place or on that premises. Although the bill applies equally to bottle-feeding, it is the issue of breastfeeding in public that is likely to cause most debate and therefore much of this briefing is centered on this theme. For more information, go to www.scottish.parliament.uk/business/bills/index.htm. USA
Breastfeeding in public is not illegal in any state of the US; however, only certain states have laws addressing public breastfeeding. Some states exempt breastfeeding from public indecency laws; other...
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