Podcast
Questions and Answers
What is the relationship between civil rights and government restrictions?
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?
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?
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?
Which right is NOT categorized under individual rights in the Universal Declaration?
In relation to Apartheid, which group constituted the majority of the population?
In relation to Apartheid, which group constituted the majority of the population?
What is one of the rights outlined in Article 28 of the Universal Declaration?
What is one of the rights outlined in Article 28 of the Universal Declaration?
What describes the role of responsibilities in the context of rights?
What describes the role of responsibilities in the context of rights?
What was one method used to restrict Black people from voting?
What was one method used to restrict Black people from voting?
Which article protects the right to freedom of opinion and expression?
Which article protects the right to freedom of opinion and expression?
Which of the following reflects a misconception about human rights?
Which of the following reflects a misconception about human rights?
What was David Oakes charged with in relation to his case?
What was David Oakes charged with in relation to his case?
What does 'onus' refer to in the context of Oakes' case?
What does 'onus' refer to in the context of Oakes' case?
Under which act was Oakes presumed to have intended to traffic if found with a certain amount of drugs?
Under which act was Oakes presumed to have intended to traffic if found with a certain amount of drugs?
What is one of the components of the Oakes Test?
What is one of the components of the Oakes Test?
Which of the following is a requirement of the Proportionality Test?
Which of the following is a requirement of the Proportionality Test?
What kind of laws exist that can reasonably restrict freedom of expression, as referenced in Keegstra's case?
What kind of laws exist that can reasonably restrict freedom of expression, as referenced in Keegstra's case?
What claim did Keegstra make regarding his ability to express his beliefs?
What claim did Keegstra make regarding his ability to express his beliefs?
In terms of limitations on rights, what does 'minimal impairment' refer to?
In terms of limitations on rights, what does 'minimal impairment' refer to?
What is a potential consequence of trafficking, as outlined in the content?
What is a potential consequence of trafficking, as outlined in the content?
What type of pornography was specifically mentioned as needing regulation due to its extreme nature?
What type of pornography was specifically mentioned as needing regulation due to its extreme nature?
What is the responsibility of the school regarding students?
What is the responsibility of the school regarding students?
Which of the following is NOT a right police must inform individuals of during an arrest?
Which of the following is NOT a right police must inform individuals of during an arrest?
What does the Charter right against self-incrimination protect an individual from?
What does the Charter right against self-incrimination protect an individual from?
Which scenario describes a paradigm shift?
Which scenario describes a paradigm shift?
What is an inalienable right?
What is an inalienable right?
What does the concept of proportionality involve in the context of rights?
What does the concept of proportionality involve in the context of rights?
What does the term 'discrimination' refer to?
What does the term 'discrimination' refer to?
Which of the following describes judicial decisions?
Which of the following describes judicial decisions?
What is meant by 'redress' in the context of rights?
What is meant by 'redress' in the context of rights?
What is the purpose of the Universal Declaration of Human Rights (UDHR)?
What is the purpose of the Universal Declaration of Human Rights (UDHR)?
Flashcards
Civil Rights
Civil Rights
Rights related to interaction with the government; ensuring fair treatment under the law, regardless of group affiliation.
Human Rights
Human Rights
Fundamental rights shared by all individuals, relating to interactions with each other.
Literacy Tests
Literacy Tests
Methods used to deny voting rights, requiring specific reading and writing abilities, disproportionately applied to minority groups in the US and South Africa.
Individual Rights (UDHR)
Individual Rights (UDHR)
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Legal Equality
Legal Equality
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Apartheid
Apartheid
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African National Congress (ANC)
African National Congress (ANC)
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Nelson Mandela
Nelson Mandela
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Freedom of Expression
Freedom of Expression
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Freedom of Assembly
Freedom of Assembly
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In loco parentis
In loco parentis
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Charter Rights
Charter Rights
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Right to Counsel
Right to Counsel
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Privilege (driver's license)
Privilege (driver's license)
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Right to Freedom of Mobility
Right to Freedom of Mobility
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Right to Remain Silent
Right to Remain Silent
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Judicial Precedent
Judicial Precedent
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Paradigm Shift
Paradigm Shift
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Inalienable Rights
Inalienable Rights
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Discrimination (in law)
Discrimination (in law)
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Reverse Onus
Reverse Onus
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Oakes Test
Oakes Test
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What is the objective of a law limiting Charter rights?
What is the objective of a law limiting Charter rights?
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Proportionality Test
Proportionality Test
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Rational Connection
Rational Connection
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Minimal Impairment
Minimal Impairment
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Proportionality (Oakes)
Proportionality (Oakes)
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What is a hate crime?
What is a hate crime?
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Keegstra Case
Keegstra Case
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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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