Social Studies 1202 Individual Rights and the Common Good
THINKING ABOUT RIGHTS 1. Take a few minutes to list at least 10 rights you think we share as Canadians. 2. Of these rights, rank what you think are the 3 most important rights.
WHAT ARE RIGHTS? A right is a legal or natural entitlement to have something or do something without interference from others. Can you give some examples of rights? Right to life Right to food & shelter Right to choose their own government (vote) Right to health & education Right to equal access to the law Right to free speech (to say and believe what you want) Right to liberty (freedom)..there are MANY more important rights
Where do rights come from? There are two sources of rights in democratic countries today: Human rights are those we are all born with and do not come from law or a specific society. Legal rights show the values of a particular society and come from and are protected by a country s laws.
Human Rights only count if they are written into a country s laws. Then they become Legal Rights. Some countries do not recognize all Human Rights: Some do not support education for girls Some do not recognize the right to life Ex. USA, China, Saudi Arabia have capital punishment. Some do not allow freedom of speech
THE UNIVERSAL DECLARATION OF HUMAN RIGHTS Created by the United Nations in 1948 that states the rights that everyone should have. It was created to create peace, freedom, and justice in the world. It is not legally binding (why not?) It is used by nations for creating their own constitutions and legal documents that protect the rights of citizens. It rejects all forms of discrimination. John Humphreys, a Canadian, was appointed by the United Nations to draft the Declaration
Rights aren t given to us, they are often fought for and claimed in response to injustices. There is also no guarantee rights won t be taken away in the future. Remembering examples of injustice help us realize how unfairness can affect lives and how important it is to fight for what is right to improve society.
The idea that all citizens share and are entitled to rights equally is referred to as equal rights. Equal Rights are fundamental to both human and legal rights. An important fight for racial equality rights took place in Canada & the United States throughout the 1900s. In the US, black people had few rights because of discriminatory Jim Crow laws. Segregation was also widely practiced in the US. This forced black people to use poor quality services, leaving the best for white people only.
In Nova Scotia, Viola Desmond was arrested and jailed for daring to sit in the white section of a movie theatre.
In Alabama, Rosa Parks was arrested and jailed for refusing to give up her seat on the bus to a white man.
Martin Luther King Jr. fought very hard in his lifetime to earn equality for all people, regardless of their skin colour.
We will look more closely at Malcolm X and his struggle for equal rights.
CANADIAN CHARTER OF RIGHTS AND FREEDOMS The Canadian Charter of Rights and Freedoms is the part of the Canadian constitution that sets out the rights and freedoms of Canadians. It was adopted in 1982 as part of the Constitution Act. It defines the expectations of Canadian society How people should treat and be treated by others. Ensures an acceptable and reasonable quality of life for all.
Equal rights are the basis for laws and actions that prevent oppression and injustices. In other words, you aren t entitled to something just because you want it or think you should have it.
Charter Rights The Charter has been very a positive addition to Canada. Some believe the document still does not guarantee our rights 100%. What makes this the case? 1. The notwithstanding clause allows provinces to temporary override rights declared in the Charter for up to five years. 2. Quebec is not a signatory to the Charter.
Non-Charter Rights Canadians enjoy rights and freedoms beyond those in the Charter. These are Non-Charter rights. These are rights that are put into law through federal or provincial legislation Non-charter rights (legal rights) can be changed or taken away when laws are changed. Charter rights can only be changed through amending the Constitution Act.
DO GROUPS HAVE RIGHTS? Can you think of groups in society that have experienced injustice? Do these groups require their rights be protected? Group rights refers to rights held by an identifiable group (i.e., the group has rights separate from the individuals in it). Members of the group share common features that are unchangeable (for example, gender).
DO GROUPS HAVE RIGHTS?
Nations within nations? When groups of people are given certain protections in law, it can lead to whole groups being viewed differently within Canada. Aboriginal peoples (First Nations, Inuit, Metis) inhabited Canada before Europeans settled here. Some Canadian laws recognize the historical backgrounds of these peoples and their uniqueness within Canada. Quebec s French-Canadian language, culture, and history make it distinct from other provinces, and some of Canada s laws protect and policies protect this. Distinct society is a political term used to refer to this protection.
POLITICAL PERSPECTIVES ON GROUP RIGHTS Neither Aboriginal nor Quebecois groups have self-determination (the full ability to govern themselves without influence or interference). Aboriginals are still primarily subject to the laws and policies of the Canadian government, even though they possess group rights. Quebec sovereignty (self-government) is a movement supported by many in that province because they feel Quebec should separate and become its own country.