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Individual Rights and the Common Good Outcome 13
Social Studies 1211 Individual Rights and the Common Good Outcome 13
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WHAT ARE RIGHTS? A right is a legal or natural entitlement to have something or do something without interference from others. Can you provide examples of rights? 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 are protected by laws. The idea that all citizens share and are entitled to rights equally is referred to as equal rights.
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In other words, you aren’t entitled to something just because you want it or think you should have it. Rights aren’t about personal ambition or individual advantages. Equal rights are the basis for arguments, policies, laws, and actions that seek to prevent oppression and injustices.
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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 and appreciate the extent to which unfairness can affect lives and how important it is to fight for what is right to improve society.
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THINK ABOUT IT… What is the political significance of equal rights? What might the world be like without them? Can you think of a right you enjoy every day? What might happen if you lost this right? Why would the degree to which human rights are enforced by law differ from nation to nation?
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THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
The Universal Declaration of Human Rights is a document created by the United Nations and adopted in 1948 that states the rights that everyone should have. It was created as an essential article to create peace, freedom, and justice in the world. Though it is not legally binding, it is used by nations for the basis in creating their own constitutions and legal documents that protect the rights of its citizens. It rejects all forms of discrimination. John Humphreys, a Canadian, was appointed by the United Nations to draft the Declaration Complete “Understanding the Universal Declaration of Human Rights”
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Highlights of the Universal Declaration of Human Rights
All people have the right to… Life, liberty, and security Freedom from slavery and torture Freedom from discrimination Equality before the law Fair and public trial Be considered innocent until proven guilty Privacy Asylum in other countries A nationality Marry and have a family Own property Freedom of thought, conscience, and religion Freedom of opinion and expression Hold peaceful meetings Work Rest and leisure Food, clothing, shelter, medical care, and social services Education
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The Declaration covers all universal human rights (i. e
The Declaration covers all universal human rights (i.e. it is followed by all countries that are part of the United Nations). Human rights can be split up into two categories: Positive rights are rights that may require concrete action (e.g., by government) to ensure. (Example: free healthcare, clean water) Negative rights are rights that can be enjoyed as long as no one takes them away (Example: Freedom of Speech, Freedom of assembly)
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CANADIAN CHARTER OF RIGHTS AND FREEDOMS
The Canadian Charter of Rights and Freedoms is the part of the Canadian constitution (fundamental guiding principles of a country) that sets out the rights and freedoms of Canadians. It was adopted in 1982 as part of the Constitution Act. It defines the ethical expectations of Canadian society and how people should treat and be treated by others. This is meant to ensure an acceptable and reasonable quality of life for all.
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Charter Rights The Charter has been seen as a dominantly positive addition to Canada. Some believe the document still does not guarantee our rights 100%. What makes this the case? The limitations clause – allows government to limit the rights of an individual. The notwithstanding clause – allows provinces to temporary override rights declared in the Charter for up to five years.
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“Judging Your Rights” activity
Non-Charter Rights Canadians enjoy rights and freedoms beyond those stated specifically in the Charter. These are called Non-Charter rights. These are legal rights that have been put into law through federal or provincial legislation (laws proposed or enacted by provincial or territorial governments). 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. “Judging Your Rights” activity
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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 is a term that 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).
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Nations within nations?
When groups of people are given certain protections in law, it an 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.
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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.
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An argument for group rights?
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