Balancing Competing Human Rights Claims in a Diverse Society. Institutions, Policy, Principles

- Publisher:
- Irwin Law Inc.
- Publication date:
- 2012-06-19
- Authors:
-
Shaheen Azmi
Lorne Foster
Lesley A. Jacobs - ISBN:
- 9781552213216
Description:
Published in Cooperation with the Ontario Human Rights Commission. As societies around the world embrace diversity, certain challenges and tensions have become visible that were not fully anticipated. In particular the practice of human rights has become increasingly complex in Canada and other diverse societies because more and more often the claim to a right of one individual or group directly affects the claim to the human rights of another group. The challenge of balancing these competing human rights claims is the focus of this book. Beginning in 2005, the Ontario Human Rights Commission (OHRC) began a process to develop the first policy in Canada to address competing human rights claims. This policy development included extensive consultation with the public, academics, human rights commissions elsewhere in the country, and stakeholders in the human rights community in Ontario. These efforts resulted in a policy for Ontario which was released in April 2012. Part One of this book presents this policy and a series of chapters that provide instructive background for the development of the policy. Part Two broadens the scope of the discussion by exploring broad principles at stake when human rights compete.
Preliminary Sections
Part 1
- Policy on Competing Human Rights
- Addressing Competing Human Rights Claims: The Policy Approach of the Ontario Human Rights Commission
- Oil and Vinegar: Resolving Conflicting Rights under the Charter and Ontario's Human Rights Code
- The Attack on Human Rights Commissions
- Societal Perspectives in Competing Rights Policy: Law Reform Agencies and Consulting with Communities
- Competing Human Rights Claims during Tribunal Procedures
Part 2
- Sidewalk Stories: Sites of Encounter and Coexistence
- Framing Competing Human Rights Claims: The Promise of Shared Social Citizenship
- Reaching Equilibrium between Conflicting Rights
- The Reconciliation of Legal Rights
- Balancing Conflicting Rights: Towards an Analytical Framework
- Sexual Orientation and Religion in Canada: Litigation and Beyond
- Fairness and the Freedom of Religion: Diversity and Pluralism in the Public Sphere
- Competing Rights in Context: The Rights of Persons with Disabilities
- Regulating Hate Speech in Canada
- Toleration and the Reconciliation of Conflicting Rights
- List of Contributors