POLA51 Brooks Chapter 6

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Political Science
James Mc Allister

POLA51 Brooks Chapter 6 Entitlements What might be called social rights of citizenship such as public education pensions welfare and various forms of assistance for those in need Civil liberties or civil rights are terms sometimes used to refer to all the basic rights and freedoms of citizens Universal Declaration of Human Rights Declaration passed by the UN in 1948 that provides the basis for various international covenants to which Canada is a signatory Political RightsFundamental Freedoms These include freedom of association assembly expression the media conscience and religion and the right to privacy Democratic Rights Among these are the rights of all adult persons to vote and stand for public office Requirements that elections periodically be held and that the law apply equally to those who govern and those who are governed are also important democratic rights Legal Rights These are essentially procedural rights intended to ensure the fair and equal treatment of individuals under the law They include inter alia the right to due process of law freedom from arbitrary arrest the right to a fair hearing the right to legal counsel and the right not to be subject of cruel and unusual punishment Economic Rights Although they usually are not listed as a separate category of entrenched rights economic rights occupy an important place in all capitalists democracies They include the right to own property and not to be deprived of it without fair compensation the right to withhold ones labour and freedom of contract Equality Rights This is the most recent and probably the most controversial category of rights The American Constitution the first modern constitution to include an entrenched guarantee of equality rights refers only to every persons right to equal protection of the laws The more recent tendency however has been to enumerate the proscribed bases of legal discrimination such as race religion ethnicity gender and age Canadas Charter also includes mental or physical disability and has been interpreted by the courts to prohibit discriminationUnions have argued that collective bargaining is a right that belongs to working people They have claimed successfully that it should be implied by and protected under section 2d of the Charter freedom of associationSupreme Court of Canada has declared on a number of occasions that the Charter does not include economic and property rights Businesss efforts to find some protection for property rights in the Charters guarantee of security of the person s7 have been expressly rejected by the court
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