3. 3
Human Rights
OCASI Positive Spaces - Module 3
On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal
Declaration of Human Rights:
“All human beings are born free and equal in dignity and rights”
They internationally guaranteed
They legally protected
They focus on the dignity of the human being
They protect individuals and groups
They cannot be waived/taken away;
They are universal, equal, and interdependent
The right to LIFE, FAIR TRIAL, HEALTH, EDUCATION, PROPERTY, and now
WATER
4. 4
Regional Human Rights
Arab Charter on Human Rights
African Charter on Human and Peoples’ Rights
American Convention on Human Rights
Asian Human Rights Charter
European Convention for the Protection of HR
4
5. 5
Canada
Canadian Charter of Rights and Freedoms
is a statement of our basic human rights and freedoms. Every government law, policy or action - whether at the federal,
provincial, territorial or municipal level - must comply with the Charter
Ontario Human Rights Code
(the "Code") states that it is public policy in Ontario to recognize the dignity and worth of every person and to provide
equal rights and opportunities without discrimination.
5
Sexual Orientation, Race, Age, Marital Status, Religion, (dis)ability, Sex
Citizenship etc...
6. 6
What does this mean?
Rights
Responsibilities
Individual
Service Provider
6
7. 7
Vital to Service Provision
- Under the Code, employers, landlords and service
providers are required to ensure that they are providing
inclusive and non- discriminatory environments.
Harassment and discrimination are a violation of the
law, and organizations that fail to take adequate steps
to prevent and address harassment and discrimination
may be held liable
- Under the Code, employers, service providers and
housing providers have the ultimate responsibility for
ensuring a healthy and inclusive environment, and
preventing and addressing discrimination and
harassment. They must ensure that their organizations
are free from discriminatory or harassing behaviour7
8. 8
What does discrimination look like
under the Code?
•Harassment
•Poisoned Environment
•Confidentiality and LGBTQ
•Systemic Discrimination
•Discrimination because of Association
•Discrimination because of perceived LGBTQ
status
•Comments or conduct need not be explicit.
8
9. 9
Manifestation of Discrimination
Directly
-Refusing services an LGBTQ client
Indirectly
-Re-directing LGBTQ clients to other providers, even when services are available at
your Agency
- When an Agency has a policy in place, although neutral, has a negative impact on
LGBTQ people
9
10. 10
Balancing Rights: Case Study
Exploratory Questions
•Are the rights claims characterized appropriately?
•Are valid, legally recognized rights at stake?
•Are the needs of both parties truly in conflict?
•Is failure to provide service to this couple a denial of
their equality rights? (Factors to consider: public
service under the Code)
•Whether or not a duty to accommodate exists in this
particular case.
11. 11
Organizational Culture
• Based on: values, assumptions, and norms
• Forms the basis for decisions
• Informs what you do/don’t do
OCASI Positive Spaces - Module 3 11
12. 12
Values
• What are the values that drive your
organization?
• How do these values manifest themselves in
your agency?
• How do you reinforce these values?
OCASI Positive Spaces - Module 3 12
13. 13
Organizational Culture
• Mission and vision
• Values
• Strategy
• Communication and discussion
• Training
• Hiring practices
• Accountability
• Policies and procedures
OCASI Positive Spaces - Module 3 13
14. 14
Homophobia & Heterosexism
• Result of values and assumptions
• Heterosexism is often unconscious
• Homophobia creates a poisoned work
environment
• Homophobia is a form of harassment
• Not noticing and not doing anything about
heterosexism and homophobia is a violation
of the OHRC
OCASI Positive Spaces - Module 3 14
15. 15
Partner work:
Given the presence of heterosexism,
homophobia, and resistance within an
organization, which specific values would you
use to create an LGBTQ-positive space?
OCASI Positive Spaces - Module 3 15
16. 16
Policies & Procedures
• One way to reinforce values.
• Anti-discrimination and anti-harassment
policies are necessary in creating safe and
inclusive spaces
• Management is responsible for ensuring they
are understood and followed.
• How do you do this in your organization?
OCASI Positive Spaces - Module 3 16
17. 17
Partner Work:
Discuss & Record:
1. The role of the Board of Directors in creating LGBTQ
positive spaces (how to do this, what is needed)
2. Support for the ED in implementing change
3.The role of Management in creating and supporting
LGBTQ positive spaces
4. How to get staff engaged in the process
OCASI Positive Spaces - Module 3 17
Editor's Notes
Show powerpoint slide 2 to suggest the ways resistance manifests itself: behaviour, actions, arguments
They will have 5 minutes to discuss and then we will come back as a large group and share a few.
Provide 1 minute for participants to read the definition of the Universal Declaration of Human Rights (UDHR)
Key to point out from the Slide that the expansion of human rights within social, political, economic are not stagnant but expanding, now includes water.
Explain what you are going to cover?
Overview of International/Regional/Canadian Human Rights Context
Forms of Discrimination for LGBTQ and their manifestations
Balancing of Rights by looking at a Case Scenario
Key Points to add:
-It’s important to make human rights reflect a lived experience rather than a distant legal concept. This is one of the hardest challenges we all face in safe guarding rights.
- It is important to reflect the growth of human rights as a concept in various regions of the globe, this allows service providers to dispel HR as a purely “Western” concept.
- It is key to also note that on a country level, States may take bigger steps to extend human rights. This will lead into the next Slide and the Canadian context.
Key Points to Expand: Federal Courts and Interpretations / Ontario Human Rights Code. Expand on the layers of the law and brining that into Ontario Law.
Be sure to note that Provinces and Territories have their own versions of Human Rights Codes in Canada
Provide 2 minutes for participants to consider the question on the slide. Explore that rights are borne and give rise to correlated duties or obligations. Take some ideas from participants on what they think are rights and responsibilities whether from an individual or service provider context. After taking points, lead into the next slide.
Key points: Service providers are responsible for realizing rights and they are accountable for rights failures.
Key Points to raise here is what responsibility it places on Service Providers in the Settlement Services Sector. The onus is on the service provider to do what?
Allow participants 1 minute to review power point slide. Allow participants to partner share, groups of four. Assign each group from lines 1-4.
Key Points and definitions can be found in the Facilitator notes.
It’s important to identify that discrimination is direct, indirect and can also include the failure of a service provider in taking stock of their policies. Allow a couple minutes for participants to reflect on the direct and indirect examples. References to the exact points below, help center the direction of the conversation.
Key Points:
1. Organizations violate the Code even where they do not directly infringe it, if they authorize, condone, adopt or ratify behaviour that is contrary to the Code. To condone or further a discriminatory act that has already occurred extends the life of the discriminatory action. Organizations have an obligation to be aware of whether their policies, practices and programs are having an adverse impact or resulting in systemic discrimination based on a Code ground. Whether or not a formal complaint has been made, organizations must acknowledge and address potential human rights issues.
2. Under section 45 of the Code, a corporation, trade union or occupational association, unincorporated association, or employers’ organization will be held responsible for discrimination, including acts or omissions, committed by employees or agents in the course of their employment. This is known as vicarious liability. Simply put, an organization is responsible for discrimination that occurs through the acts of its employees or agents, whether or not it had any knowledge of, participation in, or control over these actions.
Key Points: Bullet points 1 & 2 needs to be covered with participants after the partner share.
Introduction to Organizational Culture (should flow from the last activity)
Provide 2 minutes for participants to consider the questions on the slide. If they are unsure of their values, or if there have been none articulated, this time can be used to brainstorm which ones they might like. Values (actual or hoped for) should be written down for use later on.
Organizational culture can change with who is present. It can also feel positive for some and not for all. “fit” is a definite consideration when hiring staff or choosing volunteers if you are aware of your organizational culture.
Both of these are a result of values and assumptions about (and lead to further assumptions and behaviour against) LGBTQ people
- Heterosexism is often unconscious, and could undermine the organizational culture for someone who is LGBTQ while heterosexuals wouldn’t notice or be affected in a negative way
- Homophobia creates a poisoned work environment for staff or clients who are LGBTQ or those who have LGBTQ family or friends. It’s a form of harassment. Not noticing it is a form of heterosexism and not dealing with it is also homophobia.
- Heterosexism and how it manifests in the workplace – we don’t have any LGBTQ clients, we treat everyone the same, no mention of LGBTQ issues in any programs or services, no resources, no or limited knowledge by staff and no requirement to learn by management. LGBTQ issues/realities/needs not included in policies.
- Harassment, refusal to provide service, as a form of homophobia
- Not noticing and not doing anything about it as forms of heterosexism and homophobia as well.
Resistance is about homophobia and heterosexism
Provide 4 minutes to work with a partner using the values you listed at the beginning
