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Cnd. & Int'l Law > Unit 2: Human Rights > Flashcards

Unit 2: Human Rights Flashcards

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1
Q

what are human rights?

A

inherent and inalienable activities, freedoms, and conditions that all humans are entitled.

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2
Q

what are civil rights?

A
  • the rights that every person in a nation should have regardless of sex, race, age or religion.
  • they are related to the const’n and are given by virtue of citizenship.
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3
Q

What’s the difference b/t rights and freedoms?

A

right= a legal,moral or social claim that ppl have from their gov’t

freedom= that right to live w/o interference from the gov’t

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4
Q

who guarantees human rights?

A

only a gov’t is in position to put in place and carry out these rights/freedoms/laws.

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5
Q

why do we need int’l human rights law?

A

respect for those freedoms may be hard to come by w/o int’l consequences + oversight (a gov’t that withholds rights is likely to be sanctioned by other countries)

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6
Q

Sudan is an example of human rights violations. Explain what happened and what rights were violated.

A
  • Janjaweed (gov’t) were committing ethnic cleansing of non-arab blacks and raped, looted and burned villages.
  • violated: right to life, liberty, security, not to be discriminated, treated equally, arbitrary arrest.
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7
Q

Iraq is another example of human rights violations. Explain what is happening and what rights are violated.

A
  • Abuses by ISIS and gov’t militias, violence against women (Yezidi), displacement.
  • violations: right to life, liberty, security, property, not to be discriminated, freedom of mov’t.
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8
Q

what is the Oakes Test?

A

balance b/t a persons rights and the protection of society; which outweighs the other.

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9
Q

What is the reasonable limits clause?

A

this section permits laws to put “reasonable limits” on rights and freedoms so long as the limits can be:

  • achieve the gov’t objective
  • interferes w/rights as little as possible
  • effect is proportionate to objective
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10
Q

What is the notwithstanding clause?

A

this section permits parliament/a provincial legislature to pass legislation that overrides many provisions of the charter except sec.16-24.

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11
Q

Where did the reasonable limits clause originate from?

A

the R.vOakes case

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12
Q

Define affirmative action

A

treating certain indv’ls/groups more favourably than other too ensure equal opportunity.

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13
Q

Define harassment

A

vexatious comments/conduct that is known to be unwelcome.

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14
Q

what is corporate liability?

A

businesses are responsible for the acts of their employees who are in positions of authority.

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15
Q

what is vicarious liability?

A

businesses are responsible for discriminatory acts by their employees.

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16
Q

what is the difference b/t direct and constructive discrimination?

A

direct is intentional, and constructive is a policy that exists that unfairly impacts one group (good thing)

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17
Q

Why does what happened in Darfur concern the int’l community?

A

It concerns the int’l community b/c when any violation of a H.R occurs, it means that they are not being respected and can be taken away from anyone. The int’l community believes in equality.

18
Q

Should int’l gov’ts intervene in countries that are violating H.R?

A

Int’l pressure is the force behind the protection of rights. Sanctions are a necessary tool in this action; however direct intervention may cause future political turmoil.

19
Q

Choose 3 philosophers and explain their views of human rights and their impact.

A

John Rawls: distributive justice provides life’s goods to be distributed equally; connected to sec. 15 (2) of CCRF
John S Mill: the “appropriate region of human liberty”=freedom of thought, opinion, publish, expression, etc.; applies to many of the rights in sec. 2
Hobbes: H.R are both given and taken by the state; reasonable limits/notwithstanding clause

20
Q

What are the 2 types of int’l law?

A

IGOs: organizations that are set up by a treaty b/t 2+ states (ie. NATO).
NGOs: organizations set up by indv’ls/groups, not states (ie. Red Cross)

21
Q

How is int’l created?

A

developed b/c countries agree to act/not act in certain ways towards each other

22
Q

What are the 2 ways int’l laws can happen?

A

treaties or customs

23
Q

What is the difference b/t a custom and a treaty?

A

Custom: est. ways of behaving that over time become customary law
Treaty: a formal agreement b/t 2+ countries that sets out their mutual legal rights.

24
Q

How is int’l law enforced?

A

under the UN Charter, member states are required to settle disputes peacefully. (ie. ICC)

25
Q

How do int’l disputes get resolved?

A

1) negotiation- parties attempt to come to a resolution that’s agreeable enough to all parties
2) mediation- neutral 3rd party assists parties to come to a resolution
3) ICJ- treaty administration by UN, states that have signed, may appeal to the ICJ if they believe another state hasn’t lived up to obligations

26
Q

what is section 1 of the CCRF

A

guaranteed but w/ reasonable limits (Oakes Test)

27
Q

what is section 2 of the CCRF

A

fundamental freedoms (thought, expression, religion, etc)

28
Q

what is section 3-6 of the CCRF

A

democratic and mobility rights

29
Q

what is section 7-14 of the CCRF

A

legal rights

30
Q

what is section 15 of the CCRF

A

equality rights

31
Q

what is section 16-23 of the CCRF

A

language and education rights (cannot be applied to the notwithstanding clause)

32
Q

what is section 33 of the CCRF

A

notwithstanding clause

33
Q

what is the purpose of the OHRC?

A 
so all ppl's voices can be hard and rights are protected:
-promotes equality/human dignity
-educate citizens about rights
-investigate/settle disputes
enforce the code
34
Q

who does the OHRC apply to?

A

only applied to provincial/municipal gov’ts + to indv’ls who are engaged in private activity under provincial control

35
Q

what are the 3 types of complaints?

A

Discrimination, disability and harassment.

36
Q

explain discrimination in the OHRC

A

only 2 exceptions in the code:

  • bona fide requirement
  • affirmative action
37
Q

explain disability in the OHRC

A

employers must provide access to the workplace and amenities; all barriers must be removed unless it causes “undue hardship” on the company (ie safety/cost).

38
Q

explain harassment in the OHRC

A

a “poisoned atmosphere” is est. through images, graffiti, comments; also any sexual, racial or unacceptable conduct.

39
Q

what is an example of harassment?

A

cyberbullying

40
Q

what are the pros and cons of judicial independence?

A

pros: doesn’t have to submit to gov’t, impartial, w/o influence
cons: could go against gov’t/ppl, non-elected people dictating changes in legislation

Cnd. & Int'l Law (4 decks)

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