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
B.C. Human Rights Tribunal
Quasi-Court, not really a court but behaves like one; receives cases from BC Human Rights Tribunal and makes the decision whether the complaint is justify or not
Gender Equality in the Workplace
To acheive equal outcomes for men and women in the workplace in terms of salary, position, etc.
Equal Pay for Work of Equal Value
If a woman and a man have the same job then they also should have the same pay
Preferential Hiring Policies
- policy agreed to by an employer to hire qualified union members qualified for the job before hiring ones not in the union.
- policy that favours the hiring of qualified applicants from certain target groups that are underrepresented in the workplace. (ie. Canadian university employment advertisements expressing the preference for females, minority, and disabled candidates.)
Affirmative Action
Policy that favours members of a disadvantaged group who suffer from discrimination
Children’s Rights
Rights for children
Louise Arbour
A Canadian judge who was appointed as the chief United Nations war crimes prosecutor at the International Court of Justice in The Hague.
John Diefenbaker
A prime minister who was a long crusader for human rights. His government passed the Canadian Bill of Rights in 1960.
John and Linda Warren
A deaf couple who were not given the access of sign interpreters during the birth of their twin daughters; they claimed that the lack of sign interpreters was a violation of their rights; the Court ruled that it was a violation of section 15 and ordered the government of BC to provide deaf persons with interpreters when necessary for effective communication
Jeannette Corbière Lavell
An aborginal woman who believed that she was being discriminated against; aboriginal men could marry non-aboriginal women and keep their Indian status (as well as give their Indian status to their wife), but aboriginal women would lose their Indian status upon marrying a non-aboriginal man.
Tawney Meiorin
A woman who was laid off as a forest firefighter when she failed to meet the time alotted for a 2.5km run.
apartheid
A racist system that was used in South Africa. It separated white people and black people, giving them different rights.
status Indian
Right to live on the reserve, receive any of the treaty benefits designated to First Nations
affirmative action program
a management tool designed to allow for equal job opportunities
job ghettoes
occupations that usually pay poorly and are dominated by female workers; as a result the average wages were lower than for equivalent positions held by males
employment equity policies
Policies that require employers to treat all applicants fairly; they must take special measures to accomodate differences.
What does the BC Human Rights Code cover?
It covers employment, tenancy and property purchases, accommodation, services, and uses of facilities, and hate propaganda
What does the Canadian Human Rights Act cover?
It covers all federally regulated businesses/agencies including banks, the major airlines, Canada Post, and the national media.
Who deals with complaints regarding federal human rights?
Canadian Human Rights Commission deals with federal human rights complaints
Who deals with complaints regarding BC human rights? How does the complaint process work?
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
What does the U.N. Universal Declaration of Human Rights state?
It 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
Between what ages must you be to be protected against discrimination on grounds of age according to the BC Human Rights Code?
19-65 years of age.
What is considered a “human right”?
There are many different definitions of human rights, and it varies from culture to culture. Some believe that human rights only include the most basic essentials, like the right to sufficient food/shelter, and protection from abuse like torture.
Often, human rights is also used to refer to freedom of speech/thought/expression/religion.
Some people extend human rights to mean adequate health care, a basic education, and freedom from economic bondage.
