Unit 2: Human Rights Flashcards
what are human rights?
inherent and inalienable activities, freedoms, and conditions that all humans are entitled.
what are civil rights?
- 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.
What’s the difference b/t rights and freedoms?
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
who guarantees human rights?
only a gov’t is in position to put in place and carry out these rights/freedoms/laws.
why do we need int’l human rights law?
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)
Sudan is an example of human rights violations. Explain what happened and what rights were violated.
- 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.
Iraq is another example of human rights violations. Explain what is happening and what rights are violated.
- 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.
what is the Oakes Test?
balance b/t a persons rights and the protection of society; which outweighs the other.
What is the reasonable limits clause?
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
What is the notwithstanding clause?
this section permits parliament/a provincial legislature to pass legislation that overrides many provisions of the charter except sec.16-24.
Where did the reasonable limits clause originate from?
the R.vOakes case
Define affirmative action
treating certain indv’ls/groups more favourably than other too ensure equal opportunity.
Define harassment
vexatious comments/conduct that is known to be unwelcome.
what is corporate liability?
businesses are responsible for the acts of their employees who are in positions of authority.
what is vicarious liability?
businesses are responsible for discriminatory acts by their employees.
what is the difference b/t direct and constructive discrimination?
direct is intentional, and constructive is a policy that exists that unfairly impacts one group (good thing)