WEEK 9 Flashcards
What was the Rights Revolution?
Relationship w/ human rights, significant events that stimulated this shift.
It marked a shift towards recognizing and institutionalizing human rights, social justice, and equality across various dimensions of public life. This movement was influenced by global trends, such as post-World War II human rights movements, and domestic efforts to create a more inclusive and equitable society.
Importance of the charter and how this influenced increasing attention paid to how existing legislation / policies / practices conformed to rights
!! change in role of the state. governments became
When was it?
period between WWII and signing of the canadian charter of rights and freedoms in 1982 when awareness of and support FOR human rights increased
what did rights revolution mean for the gov?
governments became active agents in protecting and enforcing a new rights regime.
Recall, time of confederation (1867) new dominion of canada had no form of rights built into constitution with exception of language
4 central developments of rights revolution:
- challenges parliamentary supremacy
- expanding role of the state and innovations in public policy
- explosion of social mvoement activity in the 60s
- changing attitudes towards freedom and equality
Key points of rights revolution:
Expanding role of state and evolving implementations of public policy
CAD human rights history
Argues that these studies “reveal how dominant groups within society
have historically marginalized and discriminated against vulnerable groups
or individuals, and how this dominance has been challenged over time.”
today we valye human rights but this certainly was not always the case.
improtant for human rights to be supported institutionally
Ideas of Human Rights
For minorities with little / no legal power, there was no recognition of their rights
Parliament were the ones to defend rights of citizens
Know that at the time of confederation, there are all sorts of legislative pieces
Worked to protect rights of political elites
Politicians were indifferent / hostile to HR, saw rights as a threat to politically repressive policies they wished to maintain bc they benefited. Aligned with their vision of what canada should be.
Reflected country’s traditions in a broad sense
While it is up to the parlaimentarians to decide, esp bc they are the voices of the ppl, this was kind of a hard point to make but one defended at this period
Mobilization for HUMAN RIGHTS
Great Depression in the 1930s
Government aid that was insufficient during this period
Winter of 1933, CAD unemployment rate reaches 20% ⇒ leads to desperation
Citizens increasingly mobilized for change
wwii and post war period
Intl community shifted focus from prevention of violence to the protection of ppl through legislation not just practices
1948, have the universal declaration of human rights
Representatives engaged in process, CAD was one of few countries that actually opposed declaration Because at the time Prez was worried the declaration could be used to pressure the fed gov into adopting unwanted reforms
!!!!!Idea of balancing universal rights, obligations @ intl level, national soverigyt and how ppl interpreted that differently !!!!!
important legislation
ontario human rights code (1962) led the way
codes were meant to be more expansive statues, prohibiting discrimination on numerous grounds
- 1982: The Canadian Charter of Rights and Freedoms
w/ introduction of charters, deficiencies of earlier bill of rights was largely overcome. Was an idea that the HR state had been fairly entrenched
Major moment!!!!
Guarantee rights to equality, democracy, mobility, conscious, religion, peaceful assembly
NEED to rememebr it applied to PARLIAMENT and all matters within parliament authority! And provincial legislators and governments in respect to all matters in their authority. Bc of provision in the charter, this has been challenged. Provincial parliaments have presented legislation that have challenged federabl rights and freedoms
TODAY: QUEBEC’S BILL 21 (2019)
BILL 21: An Act respecting the laicity of the state
Prohibits state employees such as prosecutors, police officers and teachers from wearing religious symbols when carrying out their civic duties
Applies only to new public service hires, exempting existing civil servants from its provisions.
Follows similar legislation passed in 2017 that banned the wearing of face coverings by individuals providing or receiving certain public services
Legault government used the notwithstanding clause to protect Bill 21 from the courts.
Development of the Welfare State
Influenced by Keynesian policies, British connection
Lead by leanord marsh in CAD who in 1943 published a report for social security in canada. Pivotal doc in post-canadian welfare state. Report called for new welfare state. Shifting to entitlement of citizenship. Canadians were demanding a new social contract between them and the state, one that meant a structure to ensure the welfare of canadians
Though still very male centric form of welfare
1966 Medical Care Act
Developed into stages – hospital insurance // gave gov authority to enter into an agreement. Allowed fed gov to enter into agreement to establish a comprehensive plan, cover acute hospital care and radiology services
9 yrs later – medi care act of 1966 expanded health insurance to cover doctors services ← fundamental
Basic principles determined by federal legislation, responsible for health, falls provincially, to beenfit from cost sharing models
RIGHTS REVOLUTION OVERALL
Pitch during the 60s/70s
Thousands of canadians forming social movement and organizations
Many, but not all of these organizations represented a human rights community
Employing human rights discourse
Had poli lobbying, reform, etc as type of activism. Many other ways groups tried to influence change.
Many forms of activism that was forcing canadians to confront new ideas. Activists did not always employ a rights discourse. Generally, did highlight elements of this rights revolution to make their cases
Several groups!!!
Ex: womens rights movement
Students mobilizing for all sorts of changes
Period of significant change in terms of how society was trying to mobilize, create a space for change
