The Human Rights Act 1998

The current legislative framework protecting the equal rights of all children and young people are stated in the United Nation’s Convention on the Rights of the Child (1989). These rights are extensive, including the right to education and the right for children and young people to have their views respected.

In relation to the Charter, my advice is that Josh’s conduct is not protected and the cancellation of his parole by the Adult Parole Board was not in breach of the Charter. Moreover, the conduct of Dianne and Cary is initially protected by the Charter however due to the limitations placed upon human rights it can be argued that Dianne and Cary’s conduct are indeed in breach. Additionally Victoria police in partner with AX6 are in breach of numerous rights set out in the Charter, which will be discussed in further detail.

The current Canadian Human Rights Act was issued in 1977 to ensure equal opportunities for Canadian employees in the working environment. The main goal is to stop discriminatory practices. According to the Canadian Human Rights Act (1977) itself, these practices can be “based on race, national or ethnic origin, color, religion, age, sex, sexual orientation, marital status, family status, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered”. Since its issuance date, many discriminatory practices could be discussed publicly and in case of disagreements aligned by the court. Although, still today discriminatory practices take part in business life in small and big forms and the problem might never be fully solved. Therefore, this essay discusses the function of the Act, its benefits and consequences for Canadian employees and employers and gives examples from past legal cases. It focusses on the part “provision of goods, services, facilities or accommodation customarily available to the general public” to limit the size and give deeper insights into the certain topic. Additionally, the main emphasis lies on the workers’ rights due to the course topic.

When one hears the name Canada the first thoughts to come into one's head is cold, a-boot, polar bears but most of all freedom. Canada has been known to be a free country for as long as anyone can remember. It has been able to keep this outlook thanks to its amazing and ever changing constitution. A main part of the constitution is the charter of rights and freedoms added by Pierre Trudeau prime minister of canada. The charter lays out the rights of canadians, aboriginal peoples, equalization and how to amend the constitution. It was passed and added to the Canadian constitution in 1982.

Tort law is a considerably old branch of English law, covering a wide range of areas within such as defamation, nuisance, trespass and, most importantly, negligence. The latter set out the modern concept of negligence by means of Donoghue v Stevenson [1932] AC 562. Furthermore, in twentieth century a number of fundamental elements were established in negligence, elevating its significance above all other areas of tort law. Most problematic and difficult subgroup of negligence is clinical negligence, where doctor are held to another standards. Nonetheless, the old foundations were disturbed by the enforcement of the Human Rights Act 1998, which was a successful attempt to incorporate the European Convention of Human Rights into English domestic law. It is applied directly or indirectly into many areas of law, clinical negligence in torts in particular, adding multiple complications as it has to comply with the new Act. The influence of the HRA is yet to be fully researched professionally and amended. In attempt to explore the impact of the HRA 1998 on clinical negligence this essay examines the reasons for integration of the HRA and issues it came with and compares various types of negligence, liability of public authorities and remedies before and after the HRA came into force.

Human rights in Australia have largely been developed under Australian Parliamentary democracy, and safeguarded by such institutions as the Australian Human Rights Commission and an independent judiciary and High Court who apply the Common Law, the Australian Constitution and various other laws of Australia and its states and territories. Universal voting rights and rights to freedom of speech, freedom of association, freedom of religion and freedom from discrimination are protected in Australia. As a founding member of the United Nations, Australia assisted in the drafting of the Universal Declaration of Human Rights and it is signatory to various other international treaties on the subject of Human Rights. Australia is the only democratic

This section provides a summary of the main findings of major reviews that have been conducted of the effectiveness of the Human Rights Act by the government, the Joint Committee on Human Rights and the Commission. The reviews indicated that the HRA had largely had a positive impact on public service delivery and the enjoyment of human rights. However there are a number of barriers to the HRA 's effectiveness: significant misconceptions about the HRA are held by sections of the media, general public and at times public authorities (including by frontline staff in public authorities on when the HRA is not relevant), a need to improve understanding and application of the HRA by public authorities, and a need for better leadership on human rights issues by the government and the Commission.

Discrimination is “an action or decision that treats a person or group negatively for reasons such as their race, sex, age or disability” (Ministry of Justice [DOJ], 1985). Under the Canadian human right act, there are 11 grounds a person may be discriminated against. These include race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and a conviction for which a pardon has been granted or a record suspended (DOJ, 1985). Employment discrimination happens when an employee is treated unfavorably because of said characteristics by employers. It is illegal to discriminate in any aspect of employment, and this extends beyond just hiring and firing. Society progresses and becomes enlightened overtime, but discrimination is still quite common. There are many ways that a person could be discriminated against. The Canadian Human Rights Act calls these discriminatory practices (DOJ, 1985). Examples of said practices include: Excluding potential employees during recruitment, paying equally-qualified employees in the same position different salaries, discrimination when issuing promotions or lay-offs, etc. Left unattended, discrimination in the workplace can be costly. Victims suffer and employers experience a loss of productivity, leading to damaged employee morals, and loss of profit. This report will outline the most common types of discrimination encountered in the work place, the problem they cause,

Countries such as Australia and People’s Republic of China owe a duty to their citizens to uphold basic human rights outlined in such treaties as International Covenant on Civil and Political Rights 1976 (United Nations,1948) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1987. Article 2 of the treaty has been accepted by Australia and China which states that each State party should take legislative, administrative and judicial measures to prevent torture within the States jurisdiction. Wang claims he was tortured whilst within the Chinese prison and that the Australian consulate-general was aware of his torture. All articles apart from article 20 and paragraph 1 of article 30 of the

All around the world, each country individually focuses on approaching freedom in different ways. Communist countries such as China, would have a different way of approaching freedom in contrast to Australia. Being ruled by a parliamentary system, Australia achieves freedom through democracy whereas the freedom of China is influenced by The Communist Party of China. Due to these different approaches, this affects both countries freedom of speech, freedom of Education, and freedom of assembly and association.

The United Nation’s Declaration of Human Rights was commissioned in December 1948 by the UN General Assembly in an attempt to create a standard which is common to all people regardless of “race, sex, nationality, ethnicity, language, religion or any other status”. It is the United Nations responsibility to ensure that the participating countries follow these articles set forth by the assembly and to ensure that these rights are not being desecrated. The term "Human Rights" is best described by the United Nations as "Human rights are the rights to be born free, the right to life, the right to equality, the right to freedom, the right to assembly and the right to own property which is inherent to all human beings”. However, this statute by the

As recently acknowledged the UNCRC is a powerful facilitator for action on behalf of young children and from this has a major role on the development of our children today. Within the lengthy list of rights, there is one in particular which this paper intends to aim focus on is “Children have a right to live and develop to their full potential” (Woodhead, 1998). The importance of distinguishing this policy as a key area above all others is an essential requirement within a developmental aspect as, the significance of having this law in place is endless. The key aspects which this law promotes are: the future generation to become all that they can be; encouraging future education and social development and due to this, the benefits of which are excessive. (Woodhead, 1998). Since the late 1800’s the law states that “children have the right to development to their full potential” was put in place. It provided teachers, parents and also caregivers with the understanding that a child is unique and an

This is an application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H. 191 alleging discrimination in the workplace environment due to sex, including sexual harassment as a factor. In September of 2010, the respondent was working as a doctor’s assistant at a clinic in Toronto, where the applicant worked as a secretary. The applicant, upon the respondent’s request, stayed after work hours for training regarding re-ordering medicine. During this time, the respondent asked if he could check the applicant’s blood pressure, which she allowed, but after the respondent put his hand on her thigh, she immediately withdrew back and said no. The applicant continued on her training, but when she did not receive a response from the

Human rights are universal rights that we are entitled to. It is a freedom that is guaranteed based on the principle of respect for an individual. As mentioned in the preamble of the Universal Declaration of Human Rights, human rights are a “recognition of the inherent dignity and of the equal and inalienable rights of all member of the human family is the foundation of freedom, justice, and peace in the world” (Kent, page 80). When asked what our rights are, we tend to get different answers and meanings. Some people recite the rights that they know; but let’s face it, not everyone knows all of the rights that they truly have. The rights we have consist of many things such as the right of having an adequate food supply. The right to

The International Community argues that the Sentencia 168-14 is in violation of international law. Upon analyzing the situation, it becomes clear that the DR is in violation of a number of international laws. I will outline a number of Articles of the United Nations Charter of Human Rights and attempt to show how the DR are or could be considered in violation of these laws.