Equality Rights: What’s Wrong?

This article explores the evolution of the Supreme Court of Canada’s approach to the application of the concept of human dignity in constitutional equality cases. Traditionally, in human rights cases, this concept serves only to strengthen the argument, to show that the violation affects the person’s intrinsic worth. It is only in Canada and in South Africa that there is experience in applying the concept as a criterion for identifying discrimination. In 1999, in Law v. Canada, the Supreme Court recognized the purpose of Article 15(1) of the Canadian Charter of Rights and Freedoms of 1982 to be the protection of human dignity and stated that discrimination must be established based on assessment of the impact of a program or law on human dignity. However, in 2008, in R. v. Kapp, the Court noted that the application of the concept of human dignity creates difficulties and places an additional burden of prove on the plaintiff. It is no coincidence that victims of discrimination have preferred to seek protection before human rights tribunals and commissions, where the dignity-based test is not used. Subsequently, the Supreme Court of Canada rejected the use of the concept of human dignity as a criterion for identifying discrimination. The unsuccessful experience of applying the concept of human dignity as legal test has demonstrated that not every theoretically correct legal construction is effective in adjudication.

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Whatever Happened to Canadian Children's Equality Rights? A Reconsideration of the Eaton Special Education Case

Education and the Law ◽

10.1080/0953996022000056021 ◽

2002 ◽

Vol 14 (4) ◽

pp. 253-263

Author(s):

Sonja Grover

Keyword(s):

Special Education ◽

Equality Rights

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The Alchemy of Equality Rights

Constitutional Forum / Forum constitutionnel ◽

10.21991/cf29422 ◽

2021 ◽

Vol 30 (2) ◽

pp. 53-84

Author(s):

Joshua Sealy-Harrington

Keyword(s):

British Columbia ◽

Supreme Court ◽

Precise Definition ◽

Canadian Charter ◽

Equality Rights ◽

The Supreme Court ◽

Legal Test ◽

Elusive Concept

A clear legal test for equality is impossible, as it should be. Indeed were the test clear, it could not be for equality. It would have to be for something other than equality — in effect, for inequality. The abstract character of equality is not a new idea. In fact, the Supreme Court of Canada’s first decision under section 15 of the Canadian Charter of Rights and Freedoms1 recognized equality as “an elusive concept” that “lacks precise definition.”2 Why, then, do judges continue to demand such definition over thirty years later? The answer, at times, is politics. 1 s 15(1), Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 [Charter].2 Andrews v Law Society of British Columbia, [1989] 1 SCR 143 at 164, 56 DLR (4th) 1 [Andrews].

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Impact of COVID-19 on Socio-Religious Integration in Developing Countries: A Case Study of India and Pakistan

Sustainable Business and Society in Emerging Economies ◽

10.26710/sbsee.v3i1.1786 ◽

2021 ◽

Vol 3 (1) ◽

pp. 67-73

Author(s):

Nusrat Bano ◽

Ghulam Mustafa ◽

Anwar Ali

Keyword(s):

Developing Countries ◽

Economic Development ◽

Design Methodology ◽

Cooperative Behavior ◽

Social Institution ◽

Primary Sources ◽

Equality Rights ◽

The Social ◽

Set Up

Purpose: Integrity is pre-requisite for the prosperity and development of the society. Stable integration is the sign of justice, equality, rights and duties which provides tolerated society and religious inclusion. But, developing countries still have many challenges to stabilize their socio-religious integration due to non-cooperative behavior among different segments of the society, lack of politico-religious tolerance and less socio-economic development. The other factors responsible are poor educational and health system, weak social institution, marginalized segments of society, absences of culture of welfare state. Likewise, in India, communal conflicts remain present in every time as well as Pakistan faces sectarian tension and in both countries, religious norms and attitudes are used for political purposes. Similarly, both countries have the challenges of inequality and injustices within their communities. Design/Methodology/Approach: The qualitative techniques have been applied in this research. Date has been collected from Secondary and Primary Sources. Findings: Economic development is necessary for the development of the social prosperity without it socio-religious integration is a dream. Implications/Originality/Value: The epidemic COVID-19 has challenged the socio-religiosity of the developing countries which affected the socio-economic and religious set up of these countries ruthlessly.

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Jak politycy mówią o równouprawnieniu płci? Debata nad projektem ustawy o równym statusie kobiet i mężczyzn

Kultura i Spoleczenstwo ◽

10.35757/kis.2008.52.3.3 ◽

2008 ◽

Vol 52 (3) ◽

pp. 35-52

Author(s):

Magdalena Saryusz-Wolska

Keyword(s):

Key Words ◽

Gender Equality ◽

Public Discourse ◽

The Internet ◽

Self Presentation ◽

Men And Women ◽

Equal Status ◽

Basic Mode ◽

Equality Rights ◽

And Gender

The main purpose of the article is to analyse the language and argumentation used by Polish politicians in debates on equality and gender equality rights. The material analysed in the article includes shorthand records gathered in the internet archives of the Sejm and the Senate during legislative works on the bill on the equal status of men and women. The conclusion, drawn after the analysis, supports the initial theses of the authors (Marek Czyżewski, Sergiusz Kowalski, Andrzej Piotrowski), who claimed that the basic “mode of public discourse” in Poland is the so-called “ritual chaos”, which manifests a lack of will of agreement and ostentatious self-presentation. During the debate the MPs deﬁned the key words such as “equality” and “parity” in various manner, they marginalised the problem of discrimination of sexes and showed a lack of professionalism in their presentations. It was surprising to see one of the strongest voices against the bill presented by the representative of the “Platforma Obywatelska”, which normally claims liberalism and equality. Meanwhile, the most rational and balanced views and arguments for equality of rights for women were presented by a representative of the “Samoobrona”.

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