4.2 - Human Rights

Charter Rights vs Human Rights

The previous discussion in section 4.1 outlined the rights and freedoms provided to people in Canada via the Charter of Rights & Freedoms.  It was noted that the Charter rights are those that concern the relationship between people and government.  But, what about relationships between people or between people and organizations?  This section introduces human rights - the basic rights that all people have, regardless of what country they are from, or where they live now.  Human rights focus on the relationship that people (and organizations) have with one another.

Discrimination

Located at the core of human rights issues is discrimination.  Discrimination is when people are treated unfairly or unequally on the basis of characteristics such as race, religion, gender, ability, etc.  Every person has the right to live their life free of discrimination.  Although discrimination may be viewed as an overt human rights abuse, it often is the by-product of stereotyping and prejudice.

Stereotyping occurs when one makes a generalized judgment regarding an entire group of people.  For example, stereotyping all young male drivers as reckless.  Belief in a stereotype can lead to prejudice.  Prejudice occurs when judgements are made of an individual simply because of their membership in a group.  For example, meeting a young male, and immediately assuming that they are a reckless driver.  It is important to note that both stereotyping and prejudices are based on assumptions and beliefs, and not on objective facts.  When a person acts in a prejudicial way, the result is often discrimination.

Enforcing Human Rights

Human rights enforcement cannot address stereotyping or prejudice, but only discrimination.  Human rights are enforced via three different levels of legislation.  The first level is global.  Globally, the Universal Declaration of Human Rights was adopted by the United Nations in 1948; and it recognizes fundamental human rights for all people in the world.  Although this document is extremely valuable, it is not backed by law, and so mandatory enforcement isn’t possible.  The second level of legislation is federal, and this includes the Canadian Human Rights Act (1977).  This act outlines human rights standards in force only for the federal government, Crown corporations, and industries regulated by the federal government.  Unfortunately, it’s not applicable to the rest of the population.  The final level of human rights legislation does apply to everyone else, and is enforceable.  This is the provincial human rights code, and each province has their own.  These human rights codes are legal documents that protect people from prohibited discrimination.  In BC, this document is called the BC Human Rights Code, and it’s enforced through the BC Human Rights Tribunal.

Steps in a Human Rights Complaint

Human rights issues in BC have a set process for resolution.  The following steps summarize this process:

1. Complaint

   • • person being discriminated against files a report online with BC Human Rights Tribunal

2. Response

   • • BC Human Rights Tribunal reviews complaint, and if they agree it has merit, they send a copy of complaint to respondent

3. Reply

   • • respondent replies to allegation of discrimination

4. Mediation 

   • • a professional mediator tries to help two sides communicate (and resolve the issue?)

5. Investigation

   • • if both sides don’t agree on facts, Tribunal may investigate

6. Report

   • • Tribunal presents a report of its investigation to both sides

7. Conciliation 

   • • both sides brought together to compromise and (hopefully?) come to resolution

8. No settlement?

   • • if conciliation does not produce a settlement...then…

9. Hearing

   • • similar to a civil trial, but heard by tribunal (not trial judge)

Once a human rights issue is settled, what is the result?  The remedies (compensation) for discrimination in a human rights case are intended to try and restore the complainant’s position before the discrimination, as if the discrimination had never happened.

Grounds of Discrimination

So, on what grounds can a person claim discrimination?  There are three general areas within which discrimination can occur.  The first of these is with respect to accommodation and facilities - in other words, where someone may live, or public buildings that they may enter.  The second general category is with respect to membership in unions or associations.  Finally, the last category is with respect to employment - getting jobs, promotions once employed, etc.

Within each of these three categories, people may not be unlawfully discriminated against in the following categories:  age, religion, ancestry, color, origin, race, sex, conviction, sexual orientation, disability ( physical or mental), source of income, family status and/or marital status, retaliation, political belief, or gender identity or expression.

Although these categories of discrimination seem quite straightforward, there are valid occasions where certain types of discrimination are, in fact, legal.  Once such an exception is whether the discrimination is reasonable and justifiable.  For example, charging young drivers a higher insurance premium than older, more experienced drivers, is discriminatory; but it is reasonable and justifiable because young drivers have a proven higher rate of accident claims.  Another type of exception is a bona fide occupational requirement.  For example, it is justifiable to discriminate against physically weak people, and not hire them for construction jobs, because it’s a construction job requirement to be physically strong.  The final type of valid discrimination is the use of affirmative action programs.  These are programs intended to give intentional advantage to groups that have frequently been discriminated against in the past.  Most human rights cases are based on discrimination, but harassment is another stimulant of human rights cases.

Harassment

Harassment is another reason why someone may launch a human rights complaint.  Harassment is defined as persistent behaviour that violates the victim’s human rights.  Related to harassment is sexual harassment.  This form of harassment may include any of these behaviours:  unwelcome sexual contact, remarks, leering, demands for dates, requests for sexual favours, and display of sexually offensive pictures or graffiti.  Harassment, in any form, is dealt with in a similar manner to discrimination.

Summary

Human rights codes in Canada are written and enforced to help identify and remedy human rights abuses.  These human rights abuses refer to actions within a relationship between people, whether it’s between an employer and an employee, or between a landlord and a tenant, etc.  Human rights standards are an important filter to acceptable and unacceptable behaviors in Canadian society.