Universal Declaration of Human Rights Overview

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Questions and Answers

What is the relationship between civil rights and government restrictions?

Civil rights are granted only through legislation.

Civil rights refer exclusively to voting rights.

Civil rights only apply to federal government actions.

Unjust restrictions by government violate civil rights. (correct)

Which of the following best describes individual rights as per the Universal Declaration?

Rights are dependent on one's race or religion.

Individual rights are only applicable to citizens of a nation.

All human beings possess inherent freedoms and equality. (correct)

Everyone must pay taxes before being recognized as equal.

Which statement accurately reflects the criteria for legal rights?

There is no right to a fair trial in legal rights.

Legal rights only protect individuals against public offenses.

Everyone is presumed innocent until proven guilty. (correct)

Legal rights vary significantly from country to country.

Which right is NOT categorized under individual rights in the Universal Declaration?

Right to seek justice. Signup and view all the answers

In relation to Apartheid, which group constituted the majority of the population?

Black South Africans. Signup and view all the answers

What is one of the rights outlined in Article 28 of the Universal Declaration?

Right to social and international order. Signup and view all the answers

What describes the role of responsibilities in the context of rights?

They are legal obligations that accompany rights. Signup and view all the answers

What was one method used to restrict Black people from voting?

Implementing literacy tests with biased criteria. Signup and view all the answers

Which article protects the right to freedom of opinion and expression?

Article 19. Signup and view all the answers

Which of the following reflects a misconception about human rights?

Human rights apply only to individuals within a specific country. Signup and view all the answers

What was David Oakes charged with in relation to his case?

Possession and Trafficking Signup and view all the answers

What does 'onus' refer to in the context of Oakes' case?

The burden of proof Signup and view all the answers

Under which act was Oakes presumed to have intended to traffic if found with a certain amount of drugs?

The Narcotic Control Act Signup and view all the answers

What is one of the components of the Oakes Test?

Identifying a pressing and substantial objective Signup and view all the answers

Which of the following is a requirement of the Proportionality Test?

The effects of the limitation must be proportional to the legislative objective Signup and view all the answers

What kind of laws exist that can reasonably restrict freedom of expression, as referenced in Keegstra's case?

Hate crime laws Signup and view all the answers

What claim did Keegstra make regarding his ability to express his beliefs?

Freedom of conscience Signup and view all the answers

In terms of limitations on rights, what does 'minimal impairment' refer to?

The least restrictive means available Signup and view all the answers

What is a potential consequence of trafficking, as outlined in the content?

Presumption of intent to traffic drugs Signup and view all the answers

What type of pornography was specifically mentioned as needing regulation due to its extreme nature?

Violent and extreme pornography Signup and view all the answers

What is the responsibility of the school regarding students?

To act in place of parents Signup and view all the answers

Which of the following is NOT a right police must inform individuals of during an arrest?

Their right to associate with others Signup and view all the answers

What does the Charter right against self-incrimination protect an individual from?

Being forced to provide evidence against oneself Signup and view all the answers

Which scenario describes a paradigm shift?

The acceptance of same-sex marriage legally Signup and view all the answers

What is an inalienable right?

A fundamental right inherent to every individual Signup and view all the answers

What does the concept of proportionality involve in the context of rights?

Balancing the rights of different people Signup and view all the answers

What does the term 'discrimination' refer to?

Unequal treatment based on personal characteristics Signup and view all the answers

Which of the following describes judicial decisions?

Decisions that can alter existing laws Signup and view all the answers

What is meant by 'redress' in the context of rights?

A remedial solution offered by a court Signup and view all the answers

What is the purpose of the Universal Declaration of Human Rights (UDHR)?

To outline rights to be protected globally Signup and view all the answers

Study Notes

Universal Declaration of Human Rights (UDHR)

Originated due to Nazi atrocities
Addresses civil rights in relation to government
Highlights that laws should not discriminate based on race, religion etc.
Outlines rights in relation to other individuals
Includes rights like the right to life, freedom from slavery, freedom from torture, freedom of thought, conscience, opinion and expression

Categorizing Human Rights

Individual Rights
- All humans are born free and equal
- Everyone is equal regardless of race, sex, language, religion, politics, or origin
- Everyone has the right to life
- Everyone has the right to be free from slavery and torture
Legal Rights
- Everyone is equal before the law
- Everyone has the right to be recognized before the law
- Right to seek justice if violated
- Right to a fair trial
- Right to be presumed innocent until proven guilty

Apartheid

Social hierarchy in South Africa
Categorization of people into groups
Includes white, colored, mixed and South Asian

Rights in Relation to Government

Government restriction of rights is a violation of civil rights
Citizens rights need to be protected

Rights of Individuals

Rights of individuals in relation to other individuals
Everyone is equal
No discrimination

Rights and Responsibilities

Explains difference between rights and responsibilities
Highlights Parents legal responsibility to their children
Explains the term loco parentis and how schools act legally for parents

Justifying Limitations on Rights

Rights are not absolute, can be limited in specific circumstances
The government can limit rights if it's considered a reasonable restriction
Balancing rights against other rights and societal well-being

Oakes Test for Limiting Rights

Evaluating the limitations of rights
The law limiting rights must be justified
It must relate to important societal concerns in a democratic society
- Rational connection between the limitation and the objective
- Minimal impairment of rights
- Proportionality of the limitation to its objective

Specific Cases

R v Oakes (1986): A case involving drug possession charges in which the court established a test for determining when limits on rights are justified.
Keegstra: Anti-semitic holocaust denier. Claimed freedom of expression. This case argued that freedom of expression could be limited.

Other Important legal terms

Reverse onus charge: Burden of proof shifts from prosecution to the accused.
Narcotic Control Act: Laws related to controlled substances.
Infringement: Violation of charter rights.
Discrimination: Unjust treatment based on certain attributes (e.g., race, religion).

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Description

This quiz explores the key principles and origins of the Universal Declaration of Human Rights (UDHR), emphasizing individual and legal rights. It covers essential rights that protect individuals from discrimination and injustice, highlighting their significance within societal frameworks. Test your understanding of how these rights have evolved and their implications in today's world.