Protecting the right to pursue a livelihood for foreign-trained professionals: toward building an enabling regulatory system. (2016)

• Record Type: Journal Article
• Authors: Houle, France
• Is Part Of: International journal of migration and border studies. Volume 2:Number 4(2016)
• Page Start: 309
• Page End: 328
• Publication Date: 2016
• Subjects: MRA -- mutual recognition arrangements -- foreign-trained professionals -- professional associations -- fundamental rights -- enabling state -- Quebec-France Agreement -- post-welfare state -- immigration -- mutual recognition -- professional qualifications -- regulatory systems -- capabilities -- Canada -- enabling regulations -- empowerment -- professional experience; Emigration and immigration -- Periodicals; Border security -- Periodicals; 304.805
• Languages: English
• ISSNs: 1755-2419

Abstract

The literature developed in Canada on the impact of conditions imposed by professional associations on the fundamental rights of foreign-trained professionals has focused primarily on the right to equality, while the discussion could also be centred on the right to pursue a livelihood. This article suggests a post-welfare state interpretation of the right to pursue a livelihood based on the capabilities approach and the enabling state. For foreign-trained professionals immigrating to a new country, empowerment starts with the ability to earn a living in their profession as quickly as possible. To achieve this goal, the author suggests that regulatory systems pertaining to the recognition of qualifications of foreign-trained professionals should be proportionate, contain as few restrictions as possible and take the professional experience of applications into account.