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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