ICESR International Covenant on Economic, Social and Cultural Rights (ICESR) – cont’d Article 13.2 – Right to Education “Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education ." LABR 1260 - The Charter & Human Rights 15
Human Rights – ILO ILO Standards Core standards cover: • Freedom to join a union, bargain collectively, strike • Ban on forced labour • Ban on child labour • Ban on discrimination at work LABR 1260 - The Charter & Human Rights 16 This Photo by Unknown Author is licensed under CC BY-NC-ND
Human Rights Legislation in Canada • Federal gov’t and each province has specific legislation covering human rights issues • Typically cover services, employment, housing LABR 1260 - The Charter & Human Rights 17
Human Rights Legislation in Canada History of introduction of HR legislation in Canada: LABR 1260 - The Charter & Human Rights 18 • 1947 – Saskatchewan * • 1962 – Ontario • 1963 – NS • 1966 – Alberta • 1967 – NB • 1968 – PEI • 1969 – NFLD & BC • 1970 – Manitoba • 1975 – Quebec • 1977 – Federal Gov’t
Human Rights – Federal CHRA What’s protected by the federal Canadian Human Rights Act ? LABR 1260 - The Charter & Human Rights 19
Human Rights – Federal CHRA Federal Act under s.3(1) prohibits discrimination on: LABR 1260 - The Charter & Human Rights 20 • Race • National or ethnic origin • Colour • Religion • Age • Sex (incl. pregnancy) • Sexual orientation • Gender identity or expression • Marital status • Family status • Genetic characteristics • Disability • A conviction for which a pardon has been granted or a record suspended
Human Rights – Federal CHRA What’s protected by the provincial Manitoba Human Rights Code ? LABR 1260 - The Charter & Human Rights 21
Manitoba HR Code Protected Characteristics: 1/2 LABR 1260 - The Charter & Human Rights 22 • (a) ancestry, including colour and perceived race; • (b) nationality or national origin; • (c) ethnic background or origin; • (d) religion or creed, or religious belief, religious association or religious activity; • (e) age; • (f) sex, including sex- determined characteristics or circumstances, such as pregnancy, the possibility of pregnancy, or circumstances related to pregnancy;
Manitoba HR Code Protected Characteristics: 2/2 LABR 1260 - The Charter & Human Rights 23 • (g) gender identity; • (h) sexual orientation; • (i) marital or family status; • (j) source of income; • (k) political belief, political association or political activity; • (l) physical or mental disability or related characteristics or circumstances, including reliance on a service animal, a wheelchair, or any other remedial appliance or device; • (m) social disadvantage.
Manitoba HR Code Social disadvantage • “diminished social standing or social regard due to: (a) homelessness or inadequate housing; (b) low levels of education; (c) chronic low income; or (d) chronic unemployment or underemployment.” • Onus on complainant to prove bias LABR 1260 - The Charter & Human Rights 24
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- Fall '15
- DAVID CAMFIELD