Policy on Competing Human Rights

• Author: Ontario Human Rights Commission
• Pages: 3-95

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Chapter 1

Policy on Competing Human Rights

Ontario Human Rights Commission

Summary

As people better understand their rights and wish to exercise



of others. This is especially true in Ontario’s increasingly diverse

        

or group tries to enjoy or exercise a right, interest, or value in an

organizational context (e.g. in schools, employment, housing). At

        

    

example, the right to be free from discrimination based on creed

or sexual orientation or gender may be at odds with each other

or with other rights, laws, and practices. Can a religious employer

require an employee to sign a “morality pledge” not to engage in

certain sexual activity? Can an accuser testify wearing a niqab (a

face veil worn by some for religious reasons) at the criminal trial

of her accused? How do you resolve a situation where a profes-

sor’s guide dog causes a severe allergic reaction in a student?

The Canadian Charter of Rights and Freedoms, provincial human

rights legislation (including the Ontario Human Rights Code), and

the courts recognize that no rights are absolute and no one right

is more important than another right. Our laws guarantee rights

such as freedom of expression as well as protection against

discrimination and harassment based on gender, creed, sexual

orientation and disability, among other grounds. They require we

Ontario Human Rights Commission

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give all rights equal consideration. The law also recognizes that

rights have limits in some situations where they substantially

interfere with the rights of others.

The courts have said we must go through a process on a

case-by-case basis to search for solutions to reconcile compet-

ing rights and accommodate individuals and groups, if possible.

This search can be challenging, controversial, and sometimes

dissatisfying to one side or the other. But it is a shared respon-

sibility and made easier when we better understand the nature

of one another’s rights and obligations and demonstrate mutual

respect for the dignity and worth of all involved. Finding the best

solution for maximizing enjoyment of rights takes dialogue and

even debate.

Ontario’s Human Rights Code says the Ontario Human Rights



Ontario’s communities and encouraging and co-ordinating plans,

programs, and activities to do this. The OHRC has developed this

Policy on Competing Human Rights to help organizations and



Goals of policy

The Policy on Competing Human Rights is intended to be a useful

tool for individuals and organizations as they deal with different

       

       -

siderations.

For example, everyone involved should:

• show dignity and respect for one another

• encourage mutual recognition of interests, rights, and

obligations

• facilitate maximum recognition of rights, wherever possible

• help parties to understand the scope of their rights and

obligations

• address stigma and power imbalances and help to give

Policy On Competing Human Rights

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marginalized individuals and groups a voice

• 

agreeable solutions that maximize enjoyment of rights.

The approach in the policy can help organizations and decision-



litigation cannot be avoided, the policy provides a framework that

can be used by courts and tribunals as they deal with these types





Employers, housing providers, educators, and other responsible

parties covered by the Ontario Human Rights Code have the ulti-

mate responsibility for maintaining an inclusive environment that is

free from discrimination and harassment, and where everyone’s

human rights are respected. As part of this, organizations and

institutions operating in Ontario have a legal duty to take steps to

prevent and respond to situations involving competing rights.

Organizations can reduce the potential for human rights con-



• being very familiar with the Ontario Human Rights Code and

with their obligations under it

• taking steps to educate and train responsible individuals

on competing rights situations and the OHRC’s Policy on

Competing Human Rights

• having in place a clear and comprehensive competing rights

policy that:

* sets out the process to be followed when a competing

rights situation arises

* alerts all parties to their rights, roles, and responsibilities

* commits the organization to deal with competing rights

