Human Rights

http://www.youtube.com/watch?v=xaeow9lTE0o

Take a minute to think about what human rights are.

In your notebook, write your definition of human rights.

What are human rights?

• http://www.youtube.com/watch?v=MkEX0kp0H6w

First “human rights”

Magna Carta

Case law and precedent

Universal Declaration of Human Rights(see page 131)

• Adopted by the United Nations in 1948 (followed by other “conventions”, see page 131)

• Basic rights to which all persons are entitled

• Do not have the force of law, rather rely on example and moral pressure

http://www.guardian.co.uk/world/video/2009/mar/04/sudan-child-soldiers

http://www.guardian.co.uk/world/video/2009/mar/23/israel-gaza-human-shields?INTCMP=ILCNETTXT3486

Syria

• http://www.youtube.com/watch?v=DAjRtTYmwnI

Canadian Human Rights Act (page 135)

• Federal legislation which was passed in 1977

• Only applies to federal government departments, Crown corporations and businesses and industries regulated by the federal government. (i.e. post office, airlines, T.V. stations…)

Section 67 restricts the ability of people living or working in communities operating under the Indian Act to file complaints of discrimination if the discrimination they are complaining about is related to the Indian Act. Section 67 is the only provision in Canadian human rights law that restricts access of a particular group of persons (people living or working in First Nations communities) to the human rights process. Repealed 2008

Provincial Human Rights Legislation(page 136)

• All provinces have a human rights code

• Apply to everyone

• All federal and provincial legislation must adhere to (follow) the Canadian Charter of Rights and Freedoms.

• WHEREAS recognition of the fundamental principle that all persons are equal in dignity and human rights without regard to race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition, political belief or activity, is a governing principle sanctioned by the laws of New Brunswick; and

• WHEREAS ignorance, forgetfulness, or contempt of the rights of others are often the causes of public miseries and social disadvantage; and

• WHEREAS people and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law; and

• WHEREAS it is recognized that human rights must be guaranteed by the rule of law, and that these principles have been confirmed in New Brunswick by a number of enactments of this Legislature; and

• WHEREAS it is desirable to enact a measure to codify and extend such enactments and to simplify their administration;

• THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

So what if a human right has been denied or violated?

A human rights commission is a group of people appointed by the government to administer and enforce human rights legislation.

They investigate and make decisions. Staff are hired to help.

Making a complaint

• http://www.gnb.ca/hrc-cdp/05-e.asp

Filing a complaint:

• Complainant is the person who is making the complaint – Gets a packet of info. with a form to complete– Can speak with a human rights officer

• Must show a prima facie case (a case where the first impression is legally convincing)

• Case must be under the provincial code.

Prima facie case

• For example, if you were not hired for a job, you would have to show that

1. you were qualified2. you were not hired3. someone no better qualified than you

was subsequently hired. (someone who does not have the gravamen)

While watching the following video, write down what the universal human rights are and give an

example of each.

• http://www.youtube.com/watch?v=ZHxkPH8Beuk