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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.
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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: Holocaust See 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? • The Human Rights Code • The Statute of Westminster • The Canadian Bill of Rights • 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 Rights From Chapter 10-see table p.331 http://archives.cbc.ca/IDC-1-73-1092-6048/politics_economy/Patriation/clip12
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. http://en.wikipedia.org/wiki/Section_Thirty-three_of_the_Canadian_Charter_of_Rights_and_Freedoms Article: http://www.cbc.ca/news/background/cdngovernment/notwithstanding.html
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.