Sentences with phrase «under human rights»

As you may be aware, as Aboriginal and Torres Strait Islander Social Justice Commissioner, I hold statutory functions under the Human Rights and Equal Opportunity Commission Act (HREOCA) and the Native Title Act (the Act or NTA) that include to:

[66] Other elements of good programming practices that are also essential under a human rights based approach include that:

Australia's international obligation under human rights treaties is not to balance the rights of Indigenous people to have their culture and property rights protected against the needs or interests of developers.

Other elements of good programming practices that are also essential under a human rights based approach include that:

HREOC is a national, independent, statutory body established under the Human Rights and Equal Opportunity Commission Act 1986.

The Northern Territory national emergency response will protect children and implement Australia's obligations under human rights treaties.

It is only by reference to our obligations under human rights treaties that the impact of particular policies on the human rights of Indigenous and non-Indigenous people can be separated and brought into sharp focus.

The Commonwealth government should ratify the Optional Protocol to CEDAW; and increase the priority with which it handles the periodic reporting obligation under all human rights treaties.

Under a human rights approach this differential treatment can not be justified as meeting either a formal or a substantive equality standard.

The Australian Human Rights Commission for example was established under the Human Rights and Equal Opportunity Act.

When characteristics that are protected under human rights legislation come into play, employers are generally required to accommodate applicants and employees to the point of undue hardship.

Concerns are increasing over the potential impact of fully autonomous weapons under human rights law, which applies during peacetime as well as armed conflict.

Whether this is practically possible, in light of the state's ever - increasing obligations to protect religious freedom under human rights law, is another question altogether.

Who may have experienced discrimination based on a protected ground under human rights legislation

This appeal considered whether there is an obligation under the Human Rights Act 1998, s 6, read with ECHR, art 3, to investigate ill - treatment which has been perpetrated by a private individual without any complicity of a public authority, and / or whether in the case of such ill - treatment any positive obligation is confined to a requirement to put in place the necessary structure to enable such investigation to be conducted but does not extend to the conduct of an individual investigation into a particular alleged crime.

acting on behalf of leading NGOs against the Gambia under the human rights provisions of the Economic Community of West African States treaty

In Ontario, individuals that feel they have been subjected to discrimination on the basis of a protected ground under the Human Rights Code may file an application for an order to the Human Rights Tribunal of Ontario within a year of the last incident occurring.

Two recent judgments underscoring the potential high cost of the UK getting it wrong in its dealing with businesses and hence being liable to pay damages under the Human Rights Act for breach of its A1P1 obligations.

We can also bring challenges under the Human Rights 1998 if we can show that your right to private and family life has been breached.

This decision may signal an increase in reinstatement orders at the Human Rights Tribunal of Ontario («HRTO»), and in civil cases involving allegations of discrimination under the Human Rights Code.

Earle's lawyer, James Millar, says his client is entitled to the freedom of artistic expression guaranteed by the Canadian Charter of Rights and Freedoms, which, he says, trumps Pardy's complaint under the Human Rights Code.

Some scholars had certainly doubted whether the British ban could pass muster as compliant (see Eric Barendt, Freedom of Speech (2005), pp 484 — 86 and Helen Fenwick and Gavin Phillipson, Media Freedom under the Human Rights Act (2006), pp 1012 — 36).

TWU attempted to exclude itself from scrutiny under the human rights legislation by relying on the exemption clause under s. 41 of B.C.'s Human Rights Code.

The law is suggesting that animals have more rights than children which directly contradicts the constitutional values of the UK and provisions enacted for citizens» personal protection under the Human Rights Act 1998.

The report assesses 46 databases across the major government departments, and finds that: A quarter of the public - sector databases reviewed are almost certainly illegal under human rights or data protection law; they should be scrapped or substantially redesigned.

Refrain from creating workplace policies, procedures or work events that operate to exclude or disadvantage persons protected under a human rights ground (s), including family status.

It is important for employers to remember that an organization's compliance with the employment standard under the AODA does not necessarily mean it has met its obligations under the Human Rights Code or the Workplace Safety and Insurance Act (WSIA).

Of course, aside from the professional obligations in place in respect to these responsibilities, there are existing responsibilities within this domain that apply to all employers, notably under the Human Rights Code, and Bills 168 and 132, amending the Occupational Health and Safety Act.

To ensure employers comply with their duty to accommodate to the point of undue hardship under human rights legislation, an accommodation of disability policy and process should be established and communicated, explaining the employer's obligations and responsibilities, and the employees» rights and responsibilities under the law.

Ultimately this still requires buy - in from senior leadership, and a recognition that there is a legal obligation under human rights principles to foster this broader change.

Van Colle's parents had argued under the Human Rights Act 1998 (HRA 1998), s 7 (1)(a) that the chief constable was vicariously liable for the acts of his officers, here Ridley, in failing in his duty to act compatibly with Van Colle's right to life under Art 2 of the European Convention on Human Rights (the Convention), and Van Colle and his parents» right to respect for private / family life under Art 8 of the Convention.

These policies should explicitly address discrimination based on all prohibited grounds under human rights legislation, including sexual orientation.

In an application filed under the Human Rights Code (Code) of Ontario, once the matter has been heard, and the Tribunal has found the respondent to be liable, the next stage is that of remedy.

While employees may request accommodation for childcare and eldercare obligations under human rights legislation on the basis of «family status,» the full scope of these protections — and the extent to which employers must accommodate — is still under development.

Under human rights law in Ontario, workers have a right not to be discriminated against on the grounds of «disability» which encompasses illness.

The Commercial Court (Flaux J) has today given judgment on three preliminary issues in Bank Mellat's claim for damages against HM Treasury under the Human Rights Act 1998.

The Court not only confirmed that, when it comes to an alleged disability, the onus of proof lies with the complainant, but it found that a disparate and temporary condition does not meet the threshold for protection under human rights legislation.

Only one witness, Mr. Droege, was subjected to complaints under human rights legislation.

In McGill, supra note 129, the Supreme Court of Canada stated at para. 20, «[s] ince the right to equality is a fundamental right, the parties to a collective agreement can not agree to a level of protection that is lower than the one to which employees are entitled under human rights legislation...»

Amy acts for a company in the solar industry in this group litigation in which multiple companies claim damages from DECC under the Human Rights Act 1998 arising from DECC's decision to cut subsidies in the renewable energy market.

See also Lord Reed's doubts in Pham, «that the Wednesbury test, even when applied with «heightened» or «anxious» scrutiny, is identical to the principle of proportionality as understood in EU law, or as it has been explained in cases decided under the Human Rights Act 1998».

A decision made by the Human Rights Tribunal found that volunteer employment can be considered employment under the Human Rights Code.

I've little doubt the Human Rights Tribunal would take seriously, an application under the Human Rights Code asserting discrimination because of creed.

Courts and human rights tribunals have acknowledged that drug and alcohol dependencies are medically recognized disabilities under human rights law.

Volunteer work has been included in the area of «employment» in cases decided under the human rights legislation of other jurisdictions: Brown v. Robinson (1989), 10 C.H.R.R. D / 6286 (B.C.C.H.R.); Thambirajah v. Girl Guides of Canada (1995), 26 C.H.R.R. D / 1; Nixon v. Vancouver Rape Relief Society (No. 2)(2002), 42 C.H.R.R. D / 20, 2002 BCHRT 1.

Addiction is considered a disability under Human Rights legislation across Canada.

The Ontario Court of Appeal had to confirm the legal tests used by the Social Benefits Tribunal for establishing what constitutes discrimination under human rights law, not section 15 of the Charter of Rights and Freedoms.

This means public authorities are open to claims under the Human Rights Act 1998.

Both appellants (Austin and Saxby) claimed damages for distress and also aggravated and exemplary damages, at common law in the tort of false imprisonment and under the Human Rights Act 1998, s 7 for alleged unlawful detention, contrary to their Art 5 Convention rights, essentially arguing that they should have been released from the police cordon much earlier than they were.

On September 16, 2010, the Ontario Court of Appeal rendered an important ruling that examines discrimination based on disability under human rights law.