ANJALI_8848626_LAWS

MNHL 8350 - Human Rights, the Law and Legislation 2023 Take-Home  Test: 1. List three reasons why a Universal Declaration of Human Rights was so unique and complicated in its development. (3)  I believe that firstly, Global consensus, which helps to reflect the difficulties of striking a balance between various points of view, representatives from many countries and cultures had to bargain and come to an agreement on a set of shared values. Secondarily, inalienable rights, this revolutionary proclamation maintained that human rights are inherent to all people and cannot be taken away, making them universal and unalienable. This acknowledgment posed a challenge to past practices in which people's rights were frequently granted or refused according to a variety of factors, including social standing or nationality. Lastly, the interconnected Principles that helped the drafting process were complex and challenging because they required careful consideration of the many needs and experiences of persons and groups to maintain the equal and non-discriminatory nature of these rights. All the above, in my opinion, adds to the uniqueness and complexity of the universe's declaration. 2. What is the difference between the Ontario Human Rights and the Canadian Charter? (1)  The Ontario Human Rights Code guarantees protection against discrimination based on a variety of factors and applies to both private and public activities by persons or organizations. The Canadian Charter of Rights and Freedoms, on the other hand, guarantees people's constitutional rights in their dealings with the government by largely governing activities taken by the government, such as laws and policies. 3. What is the most essential human right? (1)  The most significant human right is a subjective decision that differs from person to person. However, Different individuals and societies may prioritize rights such as the right to life, freedom of expression, or the right to education based on their values and priorities. 4. Is there an instance when your human rights can be limited? If so, what is it? (2)  Yes, there are situations in which human rights can be limited.  When restrictions are mandated by law, essential to achieving a legitimate goal, and appropriate for that goal, they are frequently justified. For instance, during a state of emergency, rights could be limited to protect national security or public safety. To maintain a just equilibrium between the rights of the individual and the more significant interests of society, any restrictions must, nevertheless, abide by the legality, necessity, and proportionality norms. 5. Is a mental illness a disability? (1)  In general, a mental disease is seen as a disability. Mental diseases are recognized as disabilities in several legislative frameworks, such as the Accessibility for Ontarians with Disabilities Act and the Ontario Human Rights Code. To guarantee that people with mental health disorders receive the proper

accommodations and are shielded from discrimination, this recognition must be made. 6. Some of the slides refer to rights and responsibilities.  Are there aspects of human rights that you are responsible for?  If so, what is this responsibility? (2)  Absolutely, everyone must respect other’s human rights.  This duty entails upholding a human rights culture, treating people equally and with dignity, and refraining from any behavior that would violate the rights of others. By highlighting the relationship between individual rights and the community's overall well-being, respecting human rights helps to create a peaceful and just society. 7. Why are the discussions of ‘general principles’ so important in your understanding of human rights? (1)  The universality, inalienability, interdependence, indivisibility, and equality of human rights are all based on discussions of "general principles," which are essential to comprehending these rights. By highlighting these ideas, it becomes evident that human rights are universal, non-negotiable, interdependent, encompass a wide range of topics, and ought to be respected without exception. This knowledge serves as the foundation for the moral and legal principles that direct the creation, interpretation, and implementation of human rights in a variety of situations. 8. Below is a list of 5 situations; what is the human right being described? a. A bank has lending rules that make it unreasonably difficult for new immigrants to get loans. This may be a case of discrimination based on two grounds… (1)  Article 2: "Everyone has basic human rights regardless of their differences" and Article 7: "Everyone should be treated as equal by the law." b. A person is systematically referred to secondary screening at airports due to the color of their skin. This may be a case of discrimination based on the grounds of…(1)  Article 7: "Everyone should be treated as equal by the law." Discrimination based on the color of the skin violates the right to equality before the law. c. An employer assigns her employees to weekend shifts without recognizing that some employees observe the Sabbath and cannot work on those days. This may be a case of discrimination based on the grounds of...(1)  Article 18: "Everyone has the right to choose or change their religious beliefs." Discrimination based on religious beliefs violates the right to freedom of religion and belief. d. An employer’s physical fitness requirements are based on the capabilities of an average 25-year-old instead of being based on the requirements of the job. This may be a case of discrimination based on the grounds of...(1)  Article 23: "Everyone has the right to fair working conditions, fair salary, equal pay for equal work, and the right to form and join trade unions." This situation may involve discrimination based on age, as the employer's physical fitness requirements are unfairly tied to the capabilities of an average 25-year-old.