By Christine Gertz

What are Human Rights?

Human rights are accorded to human beings to respect and protect a person’s body, dignity and property. However, there is some disagreement among individuals, states and countries regarding the degree to which each human right should be met, if that right should be applied to all persons, and if some of the rights accorded are truly human rights and universal for all individuals.

Human rights are surprisingly dynamic since not all individuals or collectives can agree on what rights are fundamental or essential to human existence. For example, if a country has a universal health care system, in which access is free and equal to all participants, could the country that supports such a system be described as a country that believes a free and equitable health care system is a human right? If there is an attempt to subvert such a system, could the organizations interfering with the system be guilty of infringing on the human rights of the persons in that country? Indeed, if health care is a legislated and protected human right, could the organization that interferes with universal health care be guilty of a crime? In this case, and in others, such as youth and privacy rights, there is some confusion over the status accorded to “human rights” .For example, are they legalities or luxuries? The determination of what rights are essential to human dignity can change as human cultures evolve. Accepting that there may be no agreement on human rights among individuals, states and countries, there are some general resources that practitioners can use to familiarize themselves with human rights issues including the ones outlined below.

1. Clapham, A. (2007). Human rights: A very short introduction. Oxford: Oxford University Press.

This brief book provides an overview of the history and philosophy of human rights with a focus on the international and cultural conflicts over human rights. There are chapters on privacy, education, the work environment and discrimination that will provide a foundation to understanding these issues in the Canadian context. This resource is a cursory introduction to major issues and streams of knowledge and can provide basic background for a person just beginning his/her research into a topic.

2. United Nations. Universal Declaration of Human Rights, http://www.un.org/Overview/rights.html.

When most people discuss human rights, they may be thinking of the Universal Declaration of Human Rights as proclaimed by the United Nations in 1948. There are thirty rights including “no one shall be subjected to slavery” and “no one shall be subjected to torture”. It is important to note that not all of these rights are protected by legislation; either international, in the form of treaties, or national, in the form of national or local legislation.

You can also access the Universal Declaration of Human Rights in other formats:

3. Concordances, Human Rights Program of Heritage Canada, www.pch.gc.ca/progs/pdp-hrp/docs/concordances_e.cfm

To determine where some of the issues appear in various human rights conventions, practitioners may want to consult the Concordances, provided by the Human Rights Program of Canadian Heritage.

4. Office of the High Commissioner for Human Rights, www.ohchr.org/EN

Practitioners may also work with international clients who may have had their human rights violated, or who are seeking asylum in Canada to protect their persons or dignity. These practitioners may want to take at look at some of the resources on the United Nations website, such as the Office of the High Commissioner for Human Rights, and investigate the specific issues that are affecting the client. Topics on this site include treaties, rights for migrant workers, women, the disabled and indigenous peoples.

5. Human Rights Watch, http://hrw.org

Human Rights Watch is a non-profit international organization which provides country-by-country and issue-based investigation into the application of human rights and could provide insight into the experiences of some clients.

Canadian Human Rights Legislation

Since there may not be international agreement among states/provinces in the application of human rights and because practitioners are most likely concerned with human rights in the Canadian workplace, it is essential to understand Canadian human rights legislation. Each of the following resources are also available in a French translation.

1. Canadian Charter of Rights and Freedoms, http://laws.justice.gc.ca/eng/

According to the Canadian Charter of Rights and Freedoms, Canadians enjoy the following fundamental rights: “freedom of conscience and religion; freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; freedom of peaceful assembly; and freedom of association.” There are other rights outlined in the Charter, including democratic rights and freedom of mobility. It is also important to note that the first statement of the Charter includes a statement about religion and an acknowledgement of “rule of law” which indicates that personal rights may also come into conflict with state. Of course, these rights can and have come into conflict in the workplace.

2. Heritage Canada. Your Guide to the Canadian Charter of Rights and Freedoms, http://www.pch.gc.ca/progs/pdp-hrp/canada/guide/index_e.cfm

For additional insight into the role of the Charter, Heritage Canada also offers a document called Your Guide to the Canadian Charter of Rights and Freedoms which will assist in understanding the Charter. This website includes teaching materials and additional resources for practitioners and researchers in the publications section of the site, http://www.pch.gc.ca/progs/pdp-hrp/docs/publications/index_e.cfm.

3. Canadian Bill of Rights, http://laws-lois.justice.gc.ca/eng/acts/C-12.3/page-1.html

The Canadian Bill of Rights was enacted in 1960; and it also provides protections for a variety of human rights including freedom of religion, speech and the press. Unlike the Charter, the Bill is not a part of the Canadian Constitution.

4. Canadian Human Rights Act, http://laws-lois.justice.gc.ca/eng/acts/h-6/

The Canadian Human Rights Act is “An Act to extend the laws in Canada that proscribe discrimination”. It describes discriminatory practices, outlines the roles of the Canadian Human Rights Commission, and the process of complaints and punishments.

5. Employment Equity Act, http://laws-lois.justice.gc.ca/eng/acts/e-5.401/

The purpose of the Employment Equity Act is “to achieve equality in the workplace so that no person shall be denied employment opportunities or benefits for reasons unrelated to ability and, in the fulfilment of that goal, to correct the conditions of disadvantage in employment experienced by women, aboriginal peoples, persons with disabilities and members of visible minorities by giving effect to the principle that employment equity means more than treating persons in the same way but also requires special measures and the accommodation of differences.” It lists all of the employers subject to the terms of the act, the requirements for compliance, as well as limitations of the act and penalties.

6. Access to Justice Network, www.acjnet.org

As a project of the Legal Resource Centre, the Access to Justice Network provides a directory of links and resources for persons investigating legal issues, including human rights. The links on this site are Canada-wide, though there is a concentration of Alberta resources since the site is from Alberta, and is searchable via subject heading and keyword. For example, practitioners can search “Labour and Employment” and search Canada-wide or by province, and look for either/both materials in French and English. Since understanding the laws, charter and statutes may require additional interpretation and opinion, using the main resources with additional interpretive information can assist the practitioner.

Workplace Policies

1. Canadian Human Rights Commission, www.chrc-ccdp.ca

The Canadian Human Rights Commission is concerned with the human rights of all Canadians and this includes equitable workplaces. The Commission strives to provide “equal opportunities for employment to the four designated groups: women, Aboriginal people, persons with disabilities and members of visible minorities”. This section includes links to the Employment Equity Bill, www.chrc-ccdp.ca/employment_equity/default-en.asp, as well publications, policies and additional guidelines. The Commission provides a series of fact sheets including the publication, A Place for All: A Guide to Creating an Inclusive Workplace, which has a question and answer format, and written suggestions for a workplace policy.

2. Human Rights Commission (links to provincial and territorial associations), www.chrc-ccdp.ca/links/default- en.asp#provincial

Practitioners may wish to investigate the state of the law or workplace provisions within their province or territory. The Canadian Human Rights Commission website provides links to the provincial and territorial associations.

3. Provincial and Territorial Human Rights at Work Fact Sheets

Many provincial and territorial associations have produced human rights at work fact sheets. These resources include the following:

4. Other Helpful Websites for Specific Human Rights Issues

The needs of your client will dictate not only the jurisdictional information that you select, but also the relevant materials for each client’s human rights issue. Some basic resources that you can use to assist your clients and research human rights issues are the following:

5. The Canadian Federation of Labour, http://canadianlabour.ca

The Canadian Federation of Labour also has information and publications regarding human rights and the workplace. This website also includes useful information when investigating applicable labour organizations in the province or territory, or determining which union oversees the rights of the client if they are working in a unionized environment.

6. The Correctional Service of Canada. Successful Community Reintegration: A Practical Guide for Members of Ethnocultural Communities, http://www.csc-scc.gc.ca/ethnocultural/karibu-eng.shtmll

For persons who are reintegrating into society after a period of incarceration, the Correctional Service of Canada has produced a booklet, Successful Community Reintegration: A Practical Guide for Members of Ethnocultural Communities. This resource includes chapters on securing identification documents and advice on looking for work.

7. John Howard Society, www.johnhoward.ca

In addition to the booklet produced by Correctional Service Canada, practitioners may also wish to consult with their local John Howard Society and refer their clients to any relevant educational programs offered by this organization.

8. Stephen Hammond, www.stephenhammond.ca/

Stephen Hammond, a lawyer in British Columbia, has written a book entitled Managing Human Rights at Work: 101 Practical Tips to Prevent Human Rights Disasters. These tips are based on actual Canadian examples of human rights legislation and decisions in the workplace. This book is highly relevant for Canadian practitioners or organizations when creating an inclusivity policy. Furthermore, samples of his tips are available in the archives of the author’s e-newsletter: www.stephenhammond.ca/.

Special Issues: Privacy and Youth

As noted in the introduction, the determination of human rights and dignities can change over time, due to technological changes, as well as changes in culture. For example, is privacy a human right? Do children have rights that can supersede their role in a collective, such as a family? Does the typical teenager’s part-time job interfere with his/her human right to an education? Several resources regarding privacy and the rights of young people are discussed below.

Privacy

1. Privacy Commissioner of Canada, Privacy in the Workplace Fact Sheet Privacy in the Workplace Fact Sheet, https://www.priv.gc.ca/en/

Privacy is one example of human rights where not all individuals, organizations or states will agree on the application of this right and where some clients may feel their rights have been violated. Since the monitoring of electronic communications and surveillance of employees could lead to questions of workplace fairness and human rights, interested practitioners could consult the Privacy in the Workplace Fact Sheet from the Privacy Commissioner of Canada or their applicable province or territory, https://www.priv.gc.ca/en/.

Youth

1. Children’s Rights, Human Rights Watch, http://hrw.org/doc/?t=children

Some practitioners may work with younger people who need special protection. Human Rights Watch website offers a special section on children’s rights.

2. Protecting the Health and Safety of Working Teenagers. American Family Physician, http://www.aafp.org/afp/990800ap/575.html

Since so many teenagers take a part-time job concurrent with their studies, youth appear to be especially vulnerable in the workplace. A 1999 article from the American Family Physician, Protecting the Health and Safety of Working Teenagers outlined some of the hazards teenage workers were exposed to, such as exposure to chemicals, violence and disease.

3. Prevent It – The Workplace Safety and Insurance Board of Ontario,

Several provinces have begun initiatives such as Prevent It (The Workplace Safety and Insurance Board of Ontario), to educate youth about workplace safety. Youth may be particularly vulnerable in the workplace especially if they are unaware of their rights and employer obligations.

Additional Resources

Many resources in this article focus on the Canadian context and Canadian legislation. For additional resources that focus on other countries, practitioners and professionals may want to consult the following websites.

1. Organizations that monitor issues by country and issues currently featured on the news:

2. WinningWorkPlaces (US), www.ilo.org

A not-for-profit organization, also offers an extensive library of links and resources to assist practitioners in investigating and teaching about human rights issues in the workplace.

Christine Gertz is the library and information specialist at Career and Placement Services at the University of Alberta. She is also currently the webmaster for the Career Development Association of Alberta (CDAA). She has presented and written about career related topics such as using the Internet to find work.