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Balancing Competing Human Rights Claims in a Diverse Society

Institutions, Policy, Principles

Published in Cooperation with the Ontario Human Rights Commission

As societies around the world embrace diversity, certain challenges and tensions have become visible that were not fully anticipated. In particular the practice of human rights has become increasingly complex in Canada and other diverse societies because more and more often the claim to a right of one individual or group directly affects the claim to the human rights of another group. The challenge of balancing these competing human rights claims is the focus of this book. Beginning in 2005, the Ontario Human Rights Commission (OHRC) began a process to develop the first policy in Canada to address competing human rights claims. This policy development included extensive consultation with the public, academics, human rights commissions elsewhere in the country, and stakeholders in the human rights community in Ontario. These efforts resulted in a policy for Ontario which was released in April 2012. Part One of this book presents this policy and a series of chapters that provide instructive background for the development of the policy. Part Two broadens the scope of the discussion by exploring broad principles at stake when human rights compete.

Contributors

Shaheen Azmi

Shaheem Azmi is the director of Policy, Outreach, and Education of the Ontario Human Rights Commission.

Lorne Foster

Lorne Foster is an associate professor of public policy and equity studies as well as director of the Graduate Program in Public Policy, Administration, and Law at York University.

Lesley Jacobs

Lesley Jacobs is professor of law & society and political science, as well as the first director of the York Centre for Public Policy & Law at York University.

Chapter Title Contents Contributors Pages Year Price

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Introduction to the balancing or reconciling of competing human rights claims in diverse societies. ; ; 6 $0.60

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Introduction to and text of the Policy on Competing Human Rights prepared by the Ontario Human Rights Commission (OHRC). 93 $9.30

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Review of the nature of human rights policy and its development by the OHRC, the rationale for becoming involved, and the ongoing process employed to develop and promote the policy. 15 $1.50

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Examination of resolution of competing rights arising from accommodation of religious practices under the categories of holy days, religious dress, and conscientious objection to certain types of … 32 $3.20

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Examination of public discourse surrounding specific criticisms against human rights commissions. 22 $2.20

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Discussion of the value of including communities in the process of developing policy relating to rights, and about how agencies that develop policy discover societal perspectives. 24 $2.40

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Examination of the intersection of human rights and the general procedural rights of natural justice and fairness in adjudicative tribunals. 12 $1.20

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Proposal for an approach to direct both conflicts and peaceful negotiations over coexistence between rights holders and rights claims. 19 $1.90

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Argument that development of social policy for addressing competing human rights claims should be built on recognition that persons pressing competing human rights claims do so in the context of … ; 15 $1.50

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Analysis of a principled and pragmatic way of achieving a contextual equilibrium of seemingly conflicting rights in a factual context. 29 $2.90

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Proposal for rethinking the balancing of competing rights to a concept of reconciling interests and rights in tension. 23 $2.30

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Analytical framework for balancing conflicting rights, especially in the context of the Ontario Human Rights Code. 54 $5.40

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Examination of the conflict between religious rights and lesbian, gay, bisexual and transgender rights. 35 $3.50

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Examination of pluralism and secularism against the background of diversity, freedom, tolerance, and the re-understanding of the public sphere. 36 $3.60

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Description of types of competing rights claims arising in the context of disability rights, and responses that have been made to such competing claims. 20 $2.00

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Examination of hate speech on the Internet, especially in relation to section 13 of the Canadian Human Rights Act, prohibiting repeated communication of any matter likely to expose persons to … 24 $2.40

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Analysis of how the philosophy of John Locke might influence the accommodation of religious diversity in the face of competing claims of conscience. 18 $1.80