Rights?

Renee R.Vink2 at chello.nl
Wed Mar 22 13:26:41 UTC 2006


No: HPFGUIDX 149889

--- In HPforGrownups at yahoogroups.com, "exodusts" <exodusts at ...> wrote:
>
> > 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.
>

Renee:
See the Universal Declaration of Human Rights, article 23
http://www.un.org/Overview/rights.html

Right to employment: yes.










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