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"Bill of rights"
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Resisting rights : Canada and the International Bill of Rights, 1947-76
\"From 1948 to 1966, the United Nations worked to create an international bill of rights that would provide a common standard for human rights protection around the globe. Canadians celebrate their country's central role in this endeavour every Human Rights Day. Yet a detailed study of government policies toward these early UN documents tells a different story. Resisting Rights analyzes the Canadian government's initial opposition to the development of international human rights law, exploring how and why this position changed from the 1940s to the 1970s. Jennifer Tunnicliffe takes both international and domestic developments into account to explain how shifting cultural understandings of rights influenced policy, and to underline the key role of Canadian rights activists in this process. In light of the erosion of Canada's traditional reputation as a leader in developing human rights standards at the United Nations, this is a timely study. Tunnicliffe situates current policies within their historical context to reveal that Canadian reluctance to be bound by international human rights law is not a recent trend, and asks why governments have found it important to foster the myth that Canada has been at the forefront of international human rights policy since its inception.\"-- Provided by publisher.
Book
Lear's Daughters? Unenumerated Fundamental Rights and the Constitution
How to determine whether fundamental unenumerated constitutional rights exist, and if so, what they are? The questions are of obvious enormous importance—witness the current controversy over abortion—and yet courts have generally been content to address the issues superficially, sometimes, cavalierly. Their treatment of the most common rationale, an historical/traditional consensus, exemplifies this shallow approach. The underdeveloped character of the argumentation on this topic stubbornly remains one of the most glaring shortfalls of modern constitutional law.
Journal Article
Origins and Purposes of the Bill of Rights
Why did the Founders see the need to create a Bill of Rights? What historical documents and events influenced them as they drafted it? This latest installment in our Homework Help series explores these important constitutional questions.
Streaming Video
Analysis of impact of the maritime labour convention, 2006: A seafarer's perspective
The primary objective of the article is to analyse the ILO's Maritime Labour Convention (MLC) 2006 and bring into light, a few of the problems faced by the seafarers. Before the intervention of the MLC 2006 , a lack of a relevant body to uphold labour rights and standards in the shipping industry was undeniably observed, the MLC convention, through its regulations, has prescribed a firm set of guidelines for the intensely globalized shipping sector, with some exemptions, of course.
The article provides a brief overview of the convention and, shipping industry and the crew that runs it. A few loopholes or favouring circumstances that are being used by shipping companies and flag states to reduce the burden of implementing some clauses of the convention are identified. Data from various published sources are collected along with personal experience and views to gain an overview of how the implementation of MLC 2006 has affected the seafarers. A brief review of the predicaments faced by the seafarers in this industry is also covered and concludes on the statement that although adoption of MLC 2006 is a historic achievement, without the proper implementation it won't take long for the convention's reputation to go downhill.
Journal Article
Reining in the Courts and Removing the Legacy of EU Law
Brexit, and the litigation brought successfully by Gina Miller against the Brexit strategies of the Conservative government and Boris Johnson, caused a burning Conservative preoccupation to settle the score against ‘Europhile judges’, judicial review and to remove the legacy of ‘foreign’ European law in UK domestic law. This preoccupation has seen a flurry of legislative activity including the Judicial Review and Courts Act 2022, the bills to remove retained EU law (REUL) from the UK statute book, to undermine the Northern Ireland Protocol and to repeal the Human Rights Act (HRA) 1998. This article examines these developments.
Journal Article
Customer Bill of Rights Under No-Fault Service Failure: Confinement and Compensation
Service providers and their customers are sometimes victims of failures caused by exogenous factors such as unexpected bad weather, power outages, or labor strikes. When such no-fault failures occur in confined zones, service providers may confine customers against their will if making arrangements for them to leave is very costly. Such confinements, however, can result in severe pain and suffering, and customer complaints put regulators under pressure to pass a customer bill of rights that allows captive customers to abort failed services. This paper shows that service providers are better off preempting such laws by voluntarily allowing customers to escape the service under failure. Moreover, service providers can profit by targeting compensation to customers based on whether they use or leave the service under failure.
Journal Article
Toward the Charter
The important roles played by parliamentarians such as John Diefenbaker and academics such as F.R. Scott are placed alongside those of trade unionists, women, and a long list of individuals representing Canada's multicultural groups to reveal the diversity of the bill of rights movement. At the same time MacLennan weaves Canadian-made arguments for a bill of rights with ideas from the international human rights movement led by the United Nations to show that the Canadian experience can only be understood within a wider, global context.
eBook
Human Rights: What the United States Might Learn from the Rest of the World and, Yes, from American Sociology
The U.S. Constitution includes civil and political rights—as individual rights—but does not include what is internationally understood to be \"human rights,\" namely rights we enjoy as equals, including economic, social, and cultural rights, and protections for vulnerable persons, such as children, minorities, mothers, and refugees. The United States has not ratified any international (United Nations) or regional (Organization of American States) human rights treaty, is not a party to the Rome Statute that established the International Criminal Court, and is no longer a member of the United Nations Educational, Scientific, and Cultural Organization. It might be concluded that Americans do not know what human rights are. It is more complicated than that. While opinion polls show that Americans often endorse individual rights—e. g., the rights of women—they do not frame them as being interdependent or being within the purview of government. Can we conclude that human rights have no place in the United States? Not at all. This article concludes by showing that many U.S. institutions of higher learning have programs in human rights and that some academic associations, including the American Sociological Association, recognize human rights.
Journal Article
No Appeal for You: Reforming Access to Appeals for Tax Whistleblowers
Tax whistleblowers may challenge the Service's award determinations only in the Tax Court under a highly deferential abuse-of-discretion standard and using an often underdeveloped administrative record. The limited forum, high standard of review, and incomplete administrative record effectively forecloses meaningful review of the agency's award determinations. While the lack of effective review is a problem for whistleblowers, it can also be viewed as a problem for the Service and the Whistleblower Program if potential whistleblowers are dissuaded from submitting tips because they perceive that they will be treated unfairly or fail to be compensated for the professional and personal risks they undertake in blowing the whistle. With a goal of strengthening the Whistleblower Program and improving its reputation for fairness, this Article examines the appeals process for tax whistleblower awards for consistency with fundamental taxpayer rights and existing law. Specifically, this Article uses the most recent Taxpayer Bill of Rights as a normative lens to examine the forum, standard of review, and available administrative record for tax whistleblower appeals.
Journal Article
A Homeless Bill of Rights as a New Instrument to Protect the Rights of Homeless Persons
Homelessness as a violation of human rights – Criminalisation of homelessness – Insufficient international and European protection of the rights of homeless persons – American charters of the rights of homeless persons as a source of inspiration – Model European Homeless Bill of Rights – FEANTSA – Human rights instrument – Positive and negative rights of the homeless person – Right to exit homelessness – Right to carry out practices necessary to survival within the law – Adoption and implementation of the Charter by Human Rights Cities in Spain, Slovenia and Poland – Soft law – Perspectives for the protection of the rights of homeless persons
Journal Article