Is there a discrimination between men and women when it comes to access to cancer screening for parts of their reproductive systems?
British Columbia, Canada
The following excerpt is from Armstrong v. B.C. (Ministry of Health) (No. 5), 2008 BCHRT 19 (CanLII):
Given these biological facts, to say that men are discriminated against – because women are provided with cancer screening tests for parts of their reproductive systems, and men are not – does not go far enough in the analysis. As noted in Weatherall v. Canada (Attorney General), 1993 CanLII 112 (SCC), [1993] 2 S.C.R. 872 (para. 6), equality does not necessarily connote identical treatment. In my view, the issue is whether the test in question, whatever it might be, and for cancer of whatever type of organ, has been determined to be medically necessary, based on sound epidemiological and public health considerations. The sex of the persons who might benefit from the test is, and must be, irrelevant.
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