My Human Rights vs. Your Human Rights

How do the courts decide when one person’s human rights seem to violate or compete another person’s human rights?

Canada is full of legal examples where the rights to be free from discrimination based on creed, sexual orientation, or gender may be perceived to be at odds with one another in different circumstances. Whose rights ‘win’ when rights are in competition? In Canada’s increasingly diverse society, the question of competing human rights comes up often. Join us as we pick apart some legal cases to see how these conflicts are resolved in the court system.

  • Street preachers pronounce condemnation on passerby pedestrians — free speech versus freedom from harassment? One person’s right to express themselves versus another person’s right to not be verbally assaulted?
  • A Greek nursing home refuses admission to a non-Greek applicant who claims policy is discriminatory. Can you reject someone from an establishment on the basis of their ethnicity?
  • The child of same-sex parents is refused enrollment to a private Christian school. Religious freedom or discrimination? Which right supersedes the other?
  • Currently before the courts, Trinity Western University, a private school seeking accreditation for law degrees, simultaneously requires enrolling students to sign a statement of faith that says marriage must be between a man and a woman.

To help us navigate these cases, our good friend Susan Toth (@TothSusan) returns to the podcast. Susan is a partner at Polishuk Camman & Steele and serves on the board for the Urban League of London and the London Police Services Board. (Listen to her previous visit to the podcast, wherein she investigates the Oakes Test.)

[In this discussion, it struck me that ‘identity politics‘ could be seen as amplified and galvanized when human rights compete with one another. It raises an interesting question: do human rights inspire or incite a culture of identity politics? If you are curious to explore the topic of identity politics further, come to Discussing the Identity Politics Debate on Monday, December 4, 2017.]

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