Human Rights Law
- What are rights? How are rights protected in Canada? How are rights protected internationally?
Human rights are the basic rights and opportunities that are available to everyone on the planet, from birth to the end. Human rights are natural rights for everyone, regardless of race, nationality, sex, language, ethnicity, religion, or any other state (Baehr, 2016). Human rights include the privilege of life and freedom, the opportunity for anguish and anguish, the possibility of feeling and articulating, the privilege of work and education, and everything in between. Everyone is eligible for these rights without separation. They can never be eliminated, but they can sometimes be limited, for example, if a person breaks the law or for legitimate national security reasons (Baehr, 2016). These fundamental rights depend on common characteristics such as pride, reasonableness, correspondence, respect, and freedom. These properties are established and guaranteed by law. The inclusion of human rights is communicated regularly and is guaranteed by law, types of agreements, standard global law, general rules, and various sources of universal law. International human rights laws create a commitment by governments to take or stop doing something to promote and protect human rights and the main opportunities for people or groups (Baehr, 2016).
In Canada, human rights are guaranteed by state, municipal, and regional laws. Canadian human rights law comes from the Universal Declaration of Human Rights. In 1948, John Humphrey, Canadian legal counsel, and researcher became involved in the critical work of drafting the UDHR (Canada’s Human Rights History, 2020). At the time of conclusion, the Declaration included a summary of 30 articles, explaining everyone’s comprehensive human rights. The first two articles deal with equal opportunities and separation, with the introduction of the Canadian Human Rights Act. The Canadian Human Rights Act of 1977 protects Canadians from segregation when used or purchased by government agencies, First Nations governments, or private corporations, such as banks, transportation corporations, and telecommunication organizations (Brodsky, Day, & Kelly, 2017).
The universal human rights law, which is also applied consistently in crisis and combat situations, defines the fundamental values for which everyone is qualified. States must respect, guarantee, and fulfill these rights. The United Nations, Universal Declaration of Human Rights, establishes the basic rights and opportunities that apply to all men, women, and children. It has become the most important document of its kind and, although it is not restricted by law, it is the prerequisite for the legitimate restriction of certain global agreements (Canada’s Human Rights History, 2020). It contains two important agreements around the world: one on civil and political rights, for example, the right to speak freely about language and the possibility of agony and the other on financial, social, and social issues. Universal human rights laws protect people from legal segregation, torture, and oppression. They also recognize the privileges of explicit meetings between people, including women, youth, people with disabilities, aboriginal groups, and low-income workers.
- How does the current economic and political structure in Canada affect human rights?
Economic, cultural, and social rights are of particular importance in the current discourse on human rights. While the International Covenant on Economic, Social, and Cultural Rights creates a global system to safeguard those rights, there is practically nothing that requires it (Ontario Human Rights Commission, 2020). In adopting the pact in 1976, Canada sought to make global commitments to defend financial, social, and cultural rights. However, the apparent lack of applicability of these rights has worried the world about its security. Changes in the financial burden of Canadian culture, as well as the legal restriction of social and monetary rights, have led many human rights commissions to review their orders to analyze how they should be able to decide finally. It is clear that explicit protection against separation based on social status, while an alternative human rights review team from Canada examined a comparable alternative and published it in its June report. In 2000, the extension of social status was considered a prohibited ground of segregation to government law (Ontario Human Rights Commission, 2020).
In Ontario, for example, homelessness, especially in large urban centers, has become a serious social and political problem. In many regions, the supply of fair rental properties is declining. Despite some progress made through new administrative and civic support activities (government funding sufficient to accept and implement certain suggestions in the Toronto Council Report), activities are shared on-demand. Dependence on the food bank and emergency shelters has increased. These trends occur regardless of a strong economy and a period of exceptional employment rates. These logical contradictions raise important questions about the meaning of “monetary rights” and “social rights” and whether human rights commissions may or may not have a role to play.
The story of Canada’s updated social and financial rights has been widely told. Concerns include Canada’s response to homelessness, the reduction of social projects, the reduction of social security rates, and the unfair impact of these reductions on certain adverse meetings, such as women, children, and people with disabilities (Ontario Human Rights Commission, 2020).
In Canada, universal tools are not part of national law unless they comply with the resolution. Canada’s obligations under contracts may be binding on residential courts if: (i) global law expressly approves the distribution of homes or is enforced by decisive consequences and (ii) if such distribution is ordered by the contracting authority (Ontario Human Rights Commission, 2020). Likewise, the Supreme Court of Canada confirmed the interpretative assessment of universal instruments, even if local laws are not enacted, particularly in the areas of Charter understanding, translation, and application of administrative law.
- What are the defining features of the Canadian Charter of Rights and Freedoms? Choose one section of the Charter to summarize and interpret. Provide examples where relevant.
The Canadian Charter of Rights and Freedoms is like the United States Constitution. It deals with Canadians’ essential opportunities and privileges and offers them the opportunity to challenge the abuse of their privileges and opportunities in court. The official dialects of the nation are also presented. One of the strengths is that the seven specially sanctioned areas are specific; Main opportunities, legal rights, language rights, transfer rights, minority language education rights, legal rights, and uniform rights (Ontario Human Rights Commission, 2020).
In the legal rights segment, everyone has the opportunity to protect themselves from unnecessary search and seizure. The police must be reasonably justified in examining you or your home, and any illegal evidence can be temporarily avoided. Everyone has the privilege of not being restricted or subjective. A person must be cared for a reasonable reason and placed under the supervision of a judge or equality as soon as time permits or within 24 hours after delivery to determine whether the detention is legitimate. Everyone has the privilege of being arrested or detained for having received information immediately for reasons and for immediately receiving information about that right. The police use the alert letter to provide this information.
Everyone is privileged to receive a reasonable advance payment within a reasonable time. All are impeccable until proven otherwise, beyond reasonable uncertainty. The lawyer must provide evidence to an impartial judge or jury at a public hearing to prove his guilt. The defendant does not need to prove or provide evidence. Everyone has the possibility of being brought to justice by a judge and a jury who has been in the discipline of the offense accused of more than five years. This agreement guarantees the right of colleagues to make decisions and maintains our structure of justice in relation to the values of ordinary people and the evolution of network models. Everyone has the privilege of not being forced to be an observer and to remain silent when accused of a crime. Everyone has the privilege of not being exposed to unusual or cold treatment or discipline. Discipline must respect offenses and respect the general rule of cordiality.
- What are the defining features of the Universal Declaration of Human Rights? Choose one article from the Declaration to summarize and interpret. Provide examples where relevant.
One of the strengths of the Universal Declaration of Human Rights is the objectives set out in the report. The Universal Declaration of Human Rights has several objectives, some of which must be achieved as quickly as possible (Langlois, 2016). In addition, the Universal Declaration of Human Rights has promoted the development of other global entities, both global and provincial. After all, UDHR has awakened people around the world to gain their privileges, not just to recognize the dictates of others (Langlois, 2016). The Universal Declaration of Human Rights offers “a standard level of performance for all population groups and all countries.”
Article 3 of the General Declaration states that “everyone has the opportunity to live, freedom and security for the person” (Andorno, 2009). It is not just a reflection of the Enlightenment, but an important response to events in the fields of death. Article 3 refers to Article 25 and should be considered in relation to Article 5, which states that no one is responsible for “cruel or cruel treatment or torture, cruel treatment or discipline,” and Article 9, which states that no person shall be subject to “arbitrary arrest, detention or exile.”
Article 3 contains this essential rule, which is then characterized and explained in the nine annexes (Articles 4 to 11). These related articles, and in particular Article 3, on which they are properly based, address the issue of individual security (instead of issues of political and social equality, new global rights such as citizenship and protection and financial rights). , social and social, treated in the last parts of the Declaration) (Andorno, 2009).
These strong guarantees of individual security epitomize the close link between the Holocaust and the Declaration. Hitler had a natural perspective on espresso (the effects of which were extraordinarily stable in Mein Kampf). He is the most popular scholar, if not the leader, to “naturally” make it a reality. He generally expressed that he considered “the state as a nationality’s way of life” and used comparative similarities and conceptual expressions that recognize the state with blood race and race with blood. Most exercises in the Third Reich can be organized to bring together, protect, and strengthen the Aryan race. At a mass meeting in 1934, Rudolf Hess declared that National Socialism was “only applied science.” As a result, National Socialism was not just a tyrant and authoritarian, but a matter of primacy of primary importance.
- What do you believe needs to change to close the gap between the reality of ongoing oppression and discrimination and the promises held out by our human rights laws?
Since International law is a customary system, human rights are inclusive of this international law. As such, there must be strict adherence to the main source of international law. However, as Watson (1999) notes, international laws and human rights law are decentralized and cannot accommodate some of the state practices in laws. Therefore, some of the human rights laws tend to be misinterpreted under state laws. The findings from Watson’s research shows that there is a significant gap in the human rights as the international law is limited by the sovereign authority and the institutions that enforce such rules (Watson, 1999). As such, there exists a significant gap in human rights, which is one of the reasons why there are many human rights violations in some countries, particularly those in third world countries. Violations of human rights are also tied to political regimes, which some tend to be oppressive in nature. For example, some communist countries have total disregard for human rights under international law. The main limitation of international law is that it does not contain a rule of recognition for countries to follow nor secondary rules, which can act as an enforcement to the primary rules.
In lieu of this information, one of the things that need to change is the inclusion of a clause within the international law that requires sovereign countries to comply with the recognition of human rights. This will ensure that countries oblige with the rule of law and decrease the rates of discrimination. The creation of an overwatch committee to monitor human rights violations will also help address the gaps that exist in international law. Identifying ways to integrate international law into state practice will also aid in enforcing international laws and help reduce the rates of oppression and discrimination. The international laws on human rights address some of the issues on gender inequality, poverty, and equal employment opportunities. However, in some state practices, this remains unaddressed. Therefore, incorporating international law into state practice will help solve some of the issues of discrimination.
References
Andorno, R. (2009). Article 3: Human dignity and human rights. The UNESCO Universal declaration on bioethics and human rights: Background, principles and application, Ethics series, 91-98.
Baehr, P. (2016). Human rights: Universality in practice. Springer.
Brodsky, G., Day, S., & Kelly, F. (2017). The authority of human rights tribunals to grant systemic remedies. Can. J. Hum. Rts., 6, 1.
Canada’s Human Rights History. (2020). Human Rights in Foreign Policy ~ Canada’s Human Rights History. Retrieved 6 February 2020, from https://historyofrights.ca/history/human-rights-in-foreign-policy/
Langlois, A. J. (2016). Normative and theoretical foundations of human rights. Human rights: Politics and practice, 25(4), 990-1019.
Ontario Human Rights Commission. (2020). Introducing the Ontario Human Rights Code. Retrieved 6 February 2020, from http://www.ohrc.on.ca/en/human-rights-work-2008-third-edition/ii-introducing-ontario-human-rights-code
Ontario Human Rights Commission. (2020). Introduction. Retrieved 6 February 2020, from http://www.ohrc.on.ca/en/human-rights-commissions-and-economic-and-social-rights/introduction#fn3
Watson, J. S. (1999). Theory & Reality in the International protection of human rights. New York: Transnational Publishers.