Human Rights

Counterpoints Chapter 10
Human Rights
What are human rights?
PollEv.com/michellelind535

Are they the same across different cultures?

Example: In some cultures, women must be completely covered in
public and remain separated from men, except in the privacy of
their home. Is this an infringement of their human rights?

Should there be universal human rights?

In the last 100 years
Human rights abuses have happened globally

Global movement for human rights began after WWII

 Universal
Declaration of
Human Rights, 1948
Ratified (approved) by Canada and other UN
members

NGOs promote acceptance of UN Declaration in

developing countries

What powers might the UN have to enforce their

declaration?
Draw world attention to abuses
Put pressure of offending countries
Not part of binding international law
Amnesty International
Amnesty International is an NGO working to protect human rights around
the world.

It is particularly concerned with violations of freedom of speech and religion

and the imprisonment and torture of people who speak out against their
government

Think-Pair-Share: What does the candle

wrapped in barbed wire symbolize? Why do
you think the logo is effective?

Better to light a candle than curse the

darkness.
www.amnesty.ca
Protection of Human Rights
1946 UN established the International Court of Justice (ICJ)
To settle disputes between countries based on international law

UN also establishes tribunals (temporary courts) to deal with specific events

E.g. Nuremberg trials after WWII

In 2002, 60 countries established a permanent International Criminal

Court (ICC) that has the power to investigate and prosecute individuals who
commit war crimes, genocide or crimes against humanity.
Some countries (USA, China) are against the court, claiming an
international body should not interfere in areas of law affecting their citizens
 Universal Standards for
Human Rights
Is it possible in a world of diverse cultural & religious beliefs?
Arguments Against Universal Rights:
Rights can be culturally specific
The community comes before individuals
Rights are a matter of national sovereignty
Applying these standards may hinder development in developing countries

Cultural Exceptionalism - human values vary by cultural perspectives and

human rights should be interpreted according to ethnic, cultural or religious
traditions; rights are cultural, not universal

E.g. female genital mutilation is a traditional, religious practice in some

nations
Human Rights in Canada
Rule of Law the principle that laws apply to all members of society equally;
no one is above the law

PM John Diefenbaker passed the

Canadian Bill of Rights in 1960

Protects Canadians from

discrimination based on race, national
origin, religion, or sex

Act of Parliament, rather than part of

the Constitution so it is not an
extremely powerful legislation
 Canadian Charter of Rights
and Freedoms supreme law

PM Pierre Trudeau campaigned to amend the Canadian Constitution

in 1982 to include the Charter of Rights and Freedoms

Canadian Charter of
Rights and Freedoms
(1982) the bill identifying
human rights guaranteed to
everyone in Canada
Protects fundamental
freedoms of Canadians
Guarantees democratic,
mobility, equality, legal,
and language rights
 Canadian Charter of Rights
and Freedoms
Fundamental Freedoms Legal Rights
Of conscience and religion To life, liberty and security of the person
Of thought, belief and expression To a fair trial when charged with a crime
Of peaceful assembly
Equality Rights
Of association
To equal protection and benefit of law
Democratic Rights without discrimination based on race,
national/ethnic origin, colour, religion, sex,
To vote age, or disability
To require the state to hold election at least
every 5 years Language Rights
To seek political office English & French are official languages of
Canada and have equality of status
Mobility Rights
To enter, remain in and leave Canada Minority Rights
To move and take residence in any province To ensure specific groups which are
vulnerable or disadvantaged are protected
To pursue the gaining of a livelihood in any and able to achieve equality
province
Activity (15 min)
On the back of your Learning Guide 10 (Human Rights) is a Charter of
Rights Review exercise.

For each of the following statements, determine whether it is:

A fundamental freedom
A mobility right
A language right (Official Languages of Canada or Minority Language)
A democratic right
A legal right
An equality right

More than one answer may be possible. (refer to Ch.10 pg.331-4)

Notwithstanding Clause, Sect. 33
Notwithstanding Clause part of the Canadian Constitution that enables
Parliament or the legislature of a province to allow an Act to stand even though
it violates the Charter of Rights and Freedoms
The override power is temporary, expires after 5 years but can be re-enacted

Section 33 can be applied to: Section 33 cannot be applied to:

Fundamental freedoms Democratic rights

Legal rights Mobility rights
Equality rights Language rights

Clause passed as a compromise, some provincial politicians felt the Charter

would weaken their powers as elected lawmakers
Case Study
In 1977 the Quebec govt passed a language law that restricted the use of the
English language on public signs and in businesses

In 1988 the law was challenged as a violation of the Charter and held to be
unconstitutional by the Supreme Court of Canada

The Bourassa govt used the notwithstanding clause to allow the govt to
opt out of the Charter and enable French-language-only sign laws to prevail

Bourassa govt subsequently amended the law and removed the override
provision
Reasonable Limits, Sect. 1
Section 1: the Canadian Charter of Rights and Freedoms
guarantees the rights and freedoms set out in it subject only to such
reasonable limits prescribed by law as can be demonstrably justified
in a free and democratic society

Government can limit a persons rights and freedoms, but they must
show that the limit is necessary
Case Study
1990, James Keegstra was a
high-school teacher in Alberta

He was charged under the

Criminal Code for promoting
hatred by making anti-Semitic
statements in his classroom

Keegstra argued that the Charter protected his right to express his opinion,
but the Supreme Court ruled that his teachings went beyond his right to
freedom of expression and that it was reasonable to limit his right in this
case

http://www.lawlessons.ca/sites/default/files/handouts/Handout-1-3-5.pdf
Assignment
Please carefully read through the Keegstra case study handout
Answer the follow up questions
Due: MONDAY

Write definitions for Ch. 10 vocab in your own words

Include 1 original example of a violation for each of the rights & freedoms
Due: TUESDAY