Unit 2: Human Rights

Question 1

what are human rights?

Answer 1

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

Question 2

what are civil rights?

Answer 2

• 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.

Question 3

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

Answer 3

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

Question 4

who guarantees human rights?

Answer 4

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

Question 5

why do we need int’l human rights law?

Answer 5

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)

Question 6

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

Answer 6

• 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.

Question 7

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

Answer 7

• 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.

Question 8

what is the Oakes Test?

Answer 8

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

Question 9

What is the reasonable limits clause?

Answer 9

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

Question 10

What is the notwithstanding clause?

Answer 10

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

Question 11

Where did the reasonable limits clause originate from?

Answer 11

the R.vOakes case

Question 12

Define affirmative action

Answer 12

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

Question 13

Define harassment

Answer 13

vexatious comments/conduct that is known to be unwelcome.

Question 14

what is corporate liability?

Answer 14

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

Question 15

what is vicarious liability?

Answer 15

businesses are responsible for discriminatory acts by their employees.

Question 16

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

Answer 16

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

Question 17

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

Answer 17

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.

Question 18

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

Answer 18

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.

Question 19

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

Answer 19

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

Question 20

What are the 2 types of int’l law?

Answer 20

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)

Question 21

How is int’l created?

Answer 21

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

Question 22

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

Answer 22

treaties or customs

Question 23

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

Answer 23

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.

Question 24

How is int’l law enforced?

Answer 24

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

Question 25

How do int'l disputes get resolved?

Answer 25

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

Question 26

what is section 1 of the CCRF

Answer 26

guaranteed but w/ reasonable limits (Oakes Test)

Question 27

what is section 2 of the CCRF

Answer 27

fundamental freedoms (thought, expression, religion, etc)

Question 28

what is section 3-6 of the CCRF

Answer 28

democratic and mobility rights

Question 29

what is section 7-14 of the CCRF

Answer 29

legal rights

Question 30

what is section 15 of the CCRF

Answer 30

equality rights

Question 31

what is section 16-23 of the CCRF

Answer 31

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

Question 32

what is section 33 of the CCRF

Answer 32

notwithstanding clause

Question 33

what is the purpose of the OHRC?

Answer 33

``` 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 ```

Question 34

who does the OHRC apply to?

Answer 34

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

Question 35

what are the 3 types of complaints?

Answer 35

Discrimination, disability and harassment.

Question 36

explain discrimination in the OHRC

Answer 36

only 2 exceptions in the code: - bona fide requirement - affirmative action

Question 37

explain disability in the OHRC

Answer 37

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).

Question 38

explain harassment in the OHRC

Answer 38

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

Question 39

what is an example of harassment?

Answer 39

cyberbullying

Question 40

what are the pros and cons of judicial independence?

Answer 40

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