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?

    <p>Right to seek justice. (C)</p> Signup and view all the answers

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

    <p>Black South Africans. (C)</p> Signup and view all the answers

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

    <p>Right to social and international order. (C)</p> Signup and view all the answers

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

    <p>They are legal obligations that accompany rights. (D)</p> Signup and view all the answers

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

    <p>Implementing literacy tests with biased criteria. (A)</p> Signup and view all the answers

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

    <p>Article 19. (D)</p> Signup and view all the answers

    Which of the following reflects a misconception about human rights?

    <p>Human rights apply only to individuals within a specific country. (C)</p> Signup and view all the answers

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

    <p>Possession and Trafficking (A)</p> Signup and view all the answers

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

    <p>The burden of proof (D)</p> 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?

    <p>The Narcotic Control Act (D)</p> Signup and view all the answers

    What is one of the components of the Oakes Test?

    <p>Identifying a pressing and substantial objective (B)</p> Signup and view all the answers

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

    <p>The effects of the limitation must be proportional to the legislative objective (B)</p> Signup and view all the answers

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

    <p>Hate crime laws (B)</p> Signup and view all the answers

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

    <p>Freedom of conscience (A)</p> Signup and view all the answers

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

    <p>The least restrictive means available (D)</p> Signup and view all the answers

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

    <p>Presumption of intent to traffic drugs (D)</p> Signup and view all the answers

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

    <p>Violent and extreme pornography (A)</p> Signup and view all the answers

    What is the responsibility of the school regarding students?

    <p>To act in place of parents (D)</p> Signup and view all the answers

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

    <p>Their right to associate with others (D)</p> Signup and view all the answers

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

    <p>Being forced to provide evidence against oneself (C)</p> Signup and view all the answers

    Which scenario describes a paradigm shift?

    <p>The acceptance of same-sex marriage legally (C)</p> Signup and view all the answers

    What is an inalienable right?

    <p>A fundamental right inherent to every individual (C)</p> Signup and view all the answers

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

    <p>Balancing the rights of different people (B)</p> Signup and view all the answers

    What does the term 'discrimination' refer to?

    <p>Unequal treatment based on personal characteristics (C)</p> Signup and view all the answers

    Which of the following describes judicial decisions?

    <p>Decisions that can alter existing laws (B)</p> Signup and view all the answers

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

    <p>A remedial solution offered by a court (C)</p> Signup and view all the answers

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

    <p>To outline rights to be protected globally (C)</p> Signup and view all the answers

    Flashcards

    Civil Rights

    Rights related to interaction with the government; ensuring fair treatment under the law, regardless of group affiliation.

    Human Rights

    Fundamental rights shared by all individuals, relating to interactions with each other.

    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)

    Basic rights inherent to all individuals, outlined in the Universal Declaration of Human Rights (UDHR), including the right to life, liberty, and security of person.

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    Legal Equality

    The principle that all individuals are treated equally under the law, regardless of their background. A pillar of justice systems, promoting fairness and consistency.

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    Apartheid

    A system of racial segregation and discrimination in South Africa.

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    African National Congress (ANC)

    A political organization in South Africa that fought against apartheid.

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    Nelson Mandela

    A prominent figure in the fight against apartheid and a leader of the African National Congress.

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    Freedom of Expression

    The right to communicate one's thoughts and ideas freely without censorship or restriction.

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    Freedom of Assembly

    The right of people to gather peacefully.

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    In loco parentis

    A legal concept where a school takes on the role of parents regarding the care and supervision of students.

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    Charter Rights

    Fundamental rights guaranteed by a country's constitution.

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    Right to Counsel

    The right to have a lawyer during an arrest or legal proceeding.

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    Privilege (driver's license)

    Special permission or right, often granted by a governing body.

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    Right to Freedom of Mobility

    The legal ability to move around freely.

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    Right to Remain Silent

    The right to not answer questions or give testimony against oneself.

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    Judicial Precedent

    A legal decision that serves as an example and guideline for future similar cases.

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    Paradigm Shift

    A fundamental change in a way of thinking or understanding something.

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    Inalienable Rights

    Fundamental rights or freedoms that cannot be taken away

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    Discrimination (in law)

    To treat a person differently based on a specific characteristic.

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    Reverse Onus

    A legal burden of proof placed on the defendant to prove their innocence, instead of the prosecution needing to prove their guilt.

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    Oakes Test

    A legal test used in Canada to determine if a law limiting Charter rights is justified. It assesses the pressing and substantial objective, proportionality, and minimal impairment.

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    What is the objective of a law limiting Charter rights?

    The law must have a pressing and substantial objective, meaning it must address a serious societal concern.

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    Proportionality Test

    A part of the Oakes Test, checking if the law is proportionate to its objective. It has three parts: rational connection, minimal impairment, and proportionality.

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    Rational Connection

    A part of the Proportionality Test, ensuring a logical and direct connection between the law's limitation of Charter rights and its objective.

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    Minimal Impairment

    A part of the Proportionality Test, ensuring the law limits Charter rights as little as possible, only to the necessary extent to achieve its objective.

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    Proportionality (Oakes)

    A part of the Proportionality Test, ensuring the law's negative effects on Charter rights are proportional to the benefits it provides, achieving the objective.

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    What is a hate crime?

    A crime motivated by hatred, prejudice, or intolerance towards a particular group, often based on race, religion, or sexual orientation.

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    Keegstra Case

    A Canadian Supreme Court case where a teacher's anti-Semitic and Holocaust-denying statements were deemed hate speech, illustrating the limits of freedom of expression.

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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.
    • 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.

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