Rights?

[exodusts]

No: HPFGUIDX 149886

> Renee:
> "Also, Scamander's text may be Ministry approved, this didn't 
prevent 
> Umbridge from issuing laws that deprive werewolves of the basic 
human 
> right of employment."

> Carol:
> "Until werewolves have the basic human right of education, the 
basic 
> human right of employment really isn't an option."

> BAW:
> Where are you two from?  The reason I ask is that I have looked 
through
> the US Constitution and Bill of Rights and don't find any reference 
to 
> either education or employment as rights.
> 
> I see freedom of religion, of speech, of the press, of assembly; I 
see 
> the right to trial by jury, to protection from unreasonable 
searches 
> and seizures, to equal protection of the laws; I see the right to 
> petition the government for redress of grievances; I DON'T see 
either 
> education or employment as a 'right'.


Exodusts:

If it really existed (and who is to say it doesn't?) The Ministry, 
based in the U.K., would be subject to the European Convention of 
Human Rights, via the Human Rights Act 1998.

Assume at initial hearings a court accepted werewolves as being 
covered by "human" rights:

Article 4 prohibits slavery, which *might* make it impossible for the 
ministry to force werewolves to do particular work, by restricting 
their options through employment bans in most sectors. Dodgy.

Article 14 prohibits discrimination, in a non-exhaustive list 
including race, sex etc, so *might* be extendable to suffering from 
lycanthropy, but there are problems e.g. this has to be 
discrimination regarding a right guaranteed in another article (and 
there is no "right to work" article) AND I think there is a standard 
balancing get-out e.g. for national security reasons - think women in 
combat units etc. This right has however been relatively recently 
strengthened by Substantive Protocol 12.

Article 10, freedom of expression, covers the right to impart or 
receive ideas, and would possibly cover education, but has the 
standard caveat of necessary exemptions, which might enable a law 
saying werewolf kids are too dangerous to teach in mainstream schools.

However, Article 2 of Substantive Protocol 1 provides for the right 
to an education, and the right for parents to have their children 
educated in accordance with their religion etc.

So, in (very) crude summary:

Right to education Yes
Right to employment No.