HUMAN RIGHTS

• Basic to life in human society• Show what humans need and deserve in order to

live in a fair world

THE UN AND HUMAN RIGHTS

• 1948-The UN created the Universal Declaration of Human Rights

• This promotes the idea that all human beings are born free and equal in dignity and rights.

• This was the first statement that shows that all human beings have specific rights and freedoms

• What event led to the creation of this document?

Answer: HolocaustSee timeline pp. 324-325 for Human Rights

Abuses• Canada is bound by this document meaning

that individuals can complain to the UN’s Human Rights Committee if they believe that the Canadian government is not meeting UN Standards

• UN can only bring world attention to abuses.

INTERNATIONAL COURTS AND TRIBUNALS

• In 1946, the UN established the International Court of Justice at The Hague to make sure human rights are protected.• Nuremberg trials dealt with atrocities in World

War Two.• Others include Yugoslavia, Cambodia, and Sierra

Leone.• Amnesty International (NGO) pressured UN to

form a permanent court-International Criminal Court with the power to investigate and prosecute.

THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS

• Protects human rights• A revision of Canadian Bill of Rights• Prime Minister John Diefenbaker passed

the Canadian Bill of Rights in 1960. • This bill recognized and outlined rights

already held by Canadians under common law.

• However as an act of Parliament, the bill could be changed like any other piece of legislation, and did not override other federal or provincial laws.

• Human right weren’t solidly entrenched into our legal system until 1982, when Prime Minister Pierre Trudeau patriated the Constitution and created the Charter of Rights and Freedoms.

• Under the Charter, Canadian can challenge any law they believe is against human rights.

SAMPLE QUESTION

What 1960 document acted as a foundation for the Canadian Charter of Rights and Freedoms?A.The Human Rights CodeB.The Statute of WestminsterC.The Canadian Bill of RightsD. BNA ACT of 1867

SUMMARY OF CHARTER RIGHTS AND FREEDOMS

• Charter rights and freedoms are divided into a number of categories:

• Fundamental Freedoms• Democratic Rights• Legal Rights• Equality Rights• Official Languages• Minority Language

Educational RightsFrom Chapter 10-see table

p.331

http://archives.cbc.ca/IDC-1-73-1092-6048/politics_economy/Patriation/clip12

Category Specific Rights IncludedAn example of a “real-life” application of

these rights

Fundamental Freedoms

• conscience and religion• belief and expression• peaceful assembly• association

e.g. A group of “pro-life” protestors assemble and set up a peaceful demonstration.

Democratic Rights• to vote • to run for office• to hold elections every 5 years

e.g. A political party cannot remain in power for more than five years without holding an election.

Mobility Rights• to leave and enter Canada• to work/live in any province

e.g. An individual can move throughout the country in search of work.

Legal Rights

• to have a fair trial and lawyer• to not be detained without just cause• to be presumed innocent• to not suffer cruel treatment

e.g. A person accused of a crime cannot be physically harmed during interrogation.

Equality Rights• no discrimination of race, ethnic origin, religion, sex, age, etc…

• affirmative action programs

e.g. A computer programmer in a wheelchair has an equal chance of getting hired as anyone else of equivalent qualifications.

Official Language Rights

• official bilingual status of both English and French

e.g. Advertisements must include both English and French versions.

Minority Language Educational Rights

• to education in English and Frenche.g. If there are thirty Grade 1 students in Kelowna whose parents’ first language is French, a French teacher must be provided.

Category Specific Rights IncludedAn example of a “real-life” application of

these rights

Fundamental Freedoms

• conscience and religion• belief and expression• peaceful assembly• association

e.g. A group of “pro-life” protestors assemble and set up a peaceful demonstration.

Democratic Rights• to vote • to run for office• to hold elections every 5 years

e.g. A political party cannot remain in power for more than five years without holding an election.

Mobility Rights• to leave and enter Canada• to work/live in any province

e.g. An individual can move throughout the country in search of work.

Legal Rights

• to have a fair trial and lawyer• to not be detained without just cause• to be presumed innocent• to not suffer cruel treatment

e.g. A person accused of a crime cannot be physically harmed during interrogation.

Equality Rights• no discrimination of race, ethnic origin, religion, sex, age, etc…

• affirmative action programs

e.g. A computer programmer in a wheelchair has an equal chance of getting hired as anyone else of equivalent qualifications.

Official Language Rights

• official bilingual status of both English and French

e.g. Advertisements must include both English and French versions.

Minority Language Educational Rights

• to education in English and Frenche.g. If there are thirty Grade 1 students in Kelowna whose parents’ first language is French, a French teacher must be provided.

SAMPLE QUESTION

THE NOTWITHSTANDING CLAUSE

• Section 33 of the charter that gives the federal Parliament or provincial legislature an escape clause.

• This clause allows government to pass a law, even if it violates a specific freedom or right guaranteed in the Charter.

• In 1976, the Parti Quebecois, passed Bill 101 (aka “Charter of French Language”).

• Basically made French the only language allowed in Quebec. Quebec used the notwithstanding clause to override a 1989 Supreme Court decision that declared Bill 101 unconstitutional.

Article:http://www.cbc.ca/news/background/cdngovernment/notwithstanding.html

http://en.wikipedia.org/wiki/Section_Thirty-three_of_the_Canadian_Charter_of_Rights_and_Freedoms

THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS

PROTECTS ABORIGINALS BY:

• Helping eliminate injustices that existed in law prior to 1982

• Before, there were laws under the Indian Act that violated human rights.

• For example, inequality between men and women (Aboriginal)

• Indian Act was unconstitutional (most of its elements)

• Equality between men and women should be applied in ALL Aboriginal and treaty rights

Read Up close-p. 339

HUMAN RIGHTS FOR CHILDREN

Incorporated into U.N. Human Rights document in 1989

Basic rights:• Cannot be separated

from parents unless it is in the best interest of the child

• Right to education• Non-discrimination• Survival and

development• Participation in

society

CHILDREN’S RIGHTS IN CANADA

• Ministry of Children and Family Development helps communities and families.• In 2006, Mary Ellen Turpel-Lafond became the

first Representative for Children and Youth, a new position in the BC legislature aimed at protecting the right and children and youth

CANADIAN COALITION OF THE RIGHTS OF CHILDREN

• Canadian Coalition of the rights of children is a network of organizations and individuals that monitor how well Canada fulfills its obligation to the UN Convention on the Rights of the child, on issues such as:

Child abuse, refugee children, education, and health care

CHILD POVERTY

• In 2007, 1 in 10 children in Canada were living in poverty, while 1 in 4 children in First Nations communities.• How do we solve the issue? There is quite a bit of

disagreement:Lower taxes for low income parents, more

government services such as affordable child care, housing supplements, and allowances.