Human Rights CLN4U

Human Rights:

Human Rights

What are Human Rights?:

What are Human Rights? Human Rights: they are the benefits and freedoms to which all people are entitled. Canada is often considered one of the best countries in the world to live because of our HR We place a high value on civil rights (civil rights and freedoms limit the power of the government) Human rights protect people from being unfairly discriminated against by other individuals

History of Human Rights:

History of Human Rights Being equal under the law is a very recent legal concept in human history Many wars and revolutions had to be fought to get to where we are today Here are some dates of significance: 1215 C.E. - King John signed the Magna Carta, limiting the monarch’s power 1775 - The American Revolution occurred as the Thirteen Colonies fought for their independence from Great Britain July 4, 1776 – The American Congress issued the Declaration of Independence, proclaiming the existence of a new country, the United States of America 1791 – The U.S. Bill of Rights was passed, giving freedom and civil rights to Americans August 26, 1789 – The National Assembly (similar to House of Commons) passed the Declaration of the Rights of Man and of the Citizen, guaranteeing all French citizens their basic freedoms 1833, Britain’s Emancipation Act abolished slavery throughout its empire. 1865 – The 13th amendment to the U.S. Constitution abolished slavery 1945 – A new international organization was formed: the United Nations

Universal Declaration of Human Rights (UDHR):

Universal Declaration of Human Rights (UDHR) WWII was the most destructive war in history. Millions were killed and most were defenceless civilians. In 1945, world leaders formed a new international organization: the United Nations. Its purpose is “to save succeeding generations from the scourge of war”. The Universal Declaration of Human Rights was adopted by the United Nations on December 10th, 1948. It was the first time nations from around the world signed a formal agreement on specific rights and freedoms for all human beings.

Human Rights in Canada:

Human Rights in Canada WWI- Parliament passed the War Measures Act granting extraordinary powers to the gov. “enemy aliens” were put in internment camps WWII – during the war with Japan, Canada interned many Canadians of Japanese descent August 10, 1960- Canadian Bill of Rights (PM Diefenbaker)- Not a revolutionary piece of legislation- not entrenched in the constitution April 17, 1982- Canadian Charter of Rights and Freedoms was entrenched into in the constitution- pioneered by (PM Trudeau)

Canada and Human Rights:

Canada and Human Rights The Difference between the Charter and human rights legislation is: Charter applies to actions of “public” laws and bodies, including acts of the Fed Parl. and Prov. Legislature Human Rights legislature applies to “private” laws and parties.

Federal Human Rights Legislation:

Federal Human Rights Legislation (CHRA)Canadian Human Rights Act (1978): applies to fed gov. departments and businesses that fall under fed jurisdiction. Ex. Armed Forces, Canada Post, CBC, etc… The CHRA prohibits discrimination on 11 grounds (pg. 169)

Provincial Human Rights Legislation:

Provincial Human Rights Legislation Each prov. and Terr. Has its own human rights law. (OHRC) Ontario Human Rights Code (1962) Prohibits discrimination on 16 grounds (pg. 169)

Human Rights Commissions and Tribunals:

Human Rights Commissions and Tribunals Commissions are to: Investigate possible violations to HR Provide legal procedures to hear the complaints To find a solutions If you have experienced any kind of discrimination or sexual or racial harassment in your community, you can file a complaint with your provincial HR commission.

Human Rights Commissions and Tribunals (cont.):

Human Rights Commissions and Tribunals (cont.) If a complaint cannot be resolved by the commission it will send the case to the Ontario Human Rights Tribunal for a hearing ( Board of Inquiry ) Commissions role is similar to that of a police officer. Tribunal is similar to the court but less formal

Board of Inquiry:

Board of Inquiry Board Chairperson: adjudicates the case/hearing Commission: supports the complainant with evidence Complainant: person making complaint, can bring his/her own lawyer Respondent: person or organization named in the complaint. Represented by a lawyer

Human Rights Commissions and Tribunals (cont.):

Human Rights Commissions and Tribunals (cont.) All parties in the Tribunal are allowed to plead their case without the strict rules of evidence. Under the OHRC, as in civil law, the complainant’s standard of proof is the Balance of Probabilities: the basis of greater likelihood. Who is more believable. If Discrimination has occurred, then the respondent must prove that there was a Bona Fide (legitimate) reason for the discrimination and that to act otherwise would bring undue hardship: result of change that would affect the economic viability of an employer or produce a health or safety risk that outweighs the benefit of accommodating someone.

Human Rights Commissions and Tribunals (cont.):

Human Rights Commissions and Tribunals (cont.) A judgment may be appealed by any party All HR codes or acts provide only civil remedies, not criminal penalties Companies or people may be required to compensate or make changes.

Human Rights:

Human Rights Prejudice – making a judgement about a person who belongs to a certain group. Do not look at character, skill or personality. Stereotyping – judging one member of a group and applying that judgement to the entire group (all women are dangerous drivers)

Human Rights:

Human Rights Discrimination – when people act on prejudice and stereotyping and treating people unfairly. Intentional: “differential treatment” knowingly committing a discriminatory act. Unintentional: treating people unfairly but do so unknowingly (ie. Job restrictions which discriminate against groups)

Types of Discrimination:

Types of Discrimination Harassment – engaging in a course of annoying or provoking comments or conduct which is known or ought to be known to be unwelcome Sexual Harassment – when someone receives unwelcome sexual attention that the person making the comments knows or should know that it is unwelcome – need only occur once .

Human Rights - Discrimination:

Human Rights - Discrimination Constructive Discrimination – this occurs when a seemingly neutral action has a discriminatory effect. (ie. Height and weight requirements) Systemic Discrimination – this occurs when the discrimination is a part of the operating procedures of an organization – may be invisible. (only hiring woman for clerical positions)

Human Rights - Discrimination:

Human Rights - Discrimination Poisoned Environment – harassment that usually occurs over a lengthy period of time harassment is known to exist by the employer If the behaviour is not stopped by the employer – they have created a poisoned environment