Competing Human Rights eLearning Module 3
Welcome to Module 3 of the Competing Human Rights Course.
Competing human rights situations may happen when the rights of a person or group come into conflict with the rights of others in housing, services, work situations, or other areas protected by the Code.
Competing human rights situations may involve the following:
- Code right v. Code right
- Code right v. Code legal defence
- Code right v. other legislated right
- Code right v. Charter right
- Code right v. common law right
- International treaty right v. Code/Charter defence
- Charter right v. Charter right
It’s also important to know the difference between duty to accommodate claims and competing rights claims, because the two often get confused. An example of a duty to accommodate claim would be a person with a disability who is requesting an accommodation, like different work hours to match a para-transpo bus schedule. This might be difficult for an employer who needs employees to be at work during certain hours. It may seem like a competing rights situation because the rights of the person with a disability are competing against the needs of the employer - but in fact they are not. The employer has a legal duty to accommodate her employee. If she believes she cannot do so, she has to prove that the accommodation will cause undue hardship. This isn’t a competing rights issue because only one person is making a claim – the employee. The employer is not claiming that her rights are being violated, she is responding to her employee’s claim.
For more information about the duty to accommodate, please select the link on your screen.
[narrator appears back on the screen]
In this section, you’ll find examples that will help you clarify what is, and what is not, considered a competing human rights issue. Knowing the type of situation you’re dealing with is important, because then you can decide what steps to take next. We haven’t provided an example for each type of competing right, but if you want more information about a particular type, click on the one that you want to know more about.
You don’t have to look at all of the examples in module 3 right now, and you can always come back later to see any that you missed. You can also refer to the policy for more in-depth information and examples.
In a competing rights case, two people or groups are both making claims. The examples in this section will give you a good sense of what this could look like.
Thank you for watching this introduction, and I hope you enjoy Module 3!
Competing Human Rights eLearning
Transcript at http://ohrc.on.ca/en/learning/competing-human-rights/reducing-potential-...