Chapter 12 Flashcards
Human Rights
Rights that every human should have; rights that are considered basic to life in any human society.
U.N. Universal Declaration of Human Rights
A declaration proclaimed at the UN General Assembly in 1948. Based on the belief that “all human beings are born free and equal in dignity and rights.” Condemns the “barbarous acts which have outraged the conscience of mankind.” (Refers to the Holocaust of WWII). Significant because it was the first international statement to recognize that all human beings have specific rights and freedoms.
States that:
everyone has the right to life, liberty, and security,
no one should be subjected to torture or cruel/inhuman/degrading treatment
everyone has the right to recognition everywhere as a person before the law
no one should be subjected to arbitrary arrest or detention
everyone is entitled to a fair and public hearing by an impartial tribunal in the case of any criminal charge against him or her
everyone has the right to freedom of movement and residence
War Crimes
Crimes committed during war that break international rules of war
Genocide
A slaughtering of a giant group people especially due to ethnic background
Crimes against humanity
A crime/series of crimes against a civilian population; it has not yet been written down in a international convention
Bill of Rights
- Formal summary of rights and liberties considered essential to a group of people
- A federal statute that lists the most important rights to the citizen of the country.
- The purpose is to protect those rights against infringement from public officials and private citizens.
- It was enacted by Parliament of Canada on August 10, 1960.
- It provides Canadians with certain quasi-constitutional rights at Canadian federal law in relation to other federal statutes.
Charter of Rights and Freedoms
A bill of rights that guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of government. It was adapted from the Bill of Rights passed on August 10, 1960. The old Bill of Rights was merely a federal statute, meaning that it could be amended easily. The Charter of Rights and Freedoms, however, was signed into the Constitution in 1982, meaning that one must get 7/10 provinces and 50% of the total population to agree before amendments can be made. This prevents governments from altering citizens’ basic rights without letting them have a say.
Fundamental Freedoms
- Section 2 of the Charter; protects freedom of conscience, peaceful assembly, and association
- The freedom of conscience and religion. Allows freedom of thought, belief, opinion, and expression. Includes freedom of press and other media of communication.
Equality Rights
Section 15 of the Charter; guarantees equality before an under the law; every individual must have access to the courts; laws passed by the government must treat every individual equally
Notwithstanding Clause
- A clause that allows the federal and provincial governments to pass a law, even if it violates a specific freedom or right guaranteed in the Charter; expires after five years
- A clause put in place so that a government can break your human rights if it is thought for the good of the country
Reasonable Limits
Legally allowing gov to limit an individual’s charter rights if they have a good reason (ie. the individual’s rights are interfering with someone else’s rights).
Canadian Human Rights Act
Federal law that gives everyone equal opportunity without discrimination. It applies to all federally regulated businesses/agencies including banks, the major airlines, Canada Post, and the national media.
Anything that is not federally regulated is not covered by the Canadian Human Rights Act, as each province/territory has their own set of anti-discriminatory laws. (ie. The B.C. Human Rights Code.)
Canadian Human Rights Commission
Deals with federal human rights complaints
The B.C. Human Rights Code
-Provincial law that protects those within the ages of 19-65 against unfair employment, tenancy, public accommodation/service/use of facilities, and hate propaganda
The B.C. Human Rights Commission
Deals with complaints; if it feels the complaint is justified, the Commission may refer cases on to the BC Human Rights Tribunal for a hearing