Title: Protecting the right to pursue a livelihood for foreign-trained professionals: toward building an enabling regulatory system

Authors: France Houle

Addresses: Faculty of Law, University of Montreal, 3101, chemin de la Tour, Montreal, Quebec, H3C 3J7, Canada

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.

Keywords: 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.

DOI: 10.1504/IJMBS.2016.079369

International Journal of Migration and Border Studies, 2016 Vol.2 No.4, pp.309 - 328

Received: 14 Mar 2016
Accepted: 22 Mar 2016

Published online: 27 Sep 2016 *

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