Reconcile this: Canada's Oath to the Queen, the Doctrine of Discovery, Indigenous Peoples, New Canadians and Freedom of Expression

Author(s):  
Thomas L. McMahon
De Jure ◽  
2020 ◽  
Vol 11 (2) ◽  
Author(s):  
Mohammed Sanka ◽  
◽  
◽  

Language plays an essential role in one’s ability to access the life opportunities offered by a society through employment, healthcare, jurisprudence, voting, education, media, etc. Linguistic rights have been designed under international human rights law to address the right to choose the language or languages for communication while accessing such opportunities. Even so, the individually held linguistic right, which evolves from general individual human rights, such as the right to freedom of expression, to privacy, to a fair trial, etc., comes with less consequences as compared to the collective linguistic rights of groups. This paper, while exploring how international law deals with linguistic rights generally, shall focus on the linguistic rights of indigenous peoples. By so doing, the author discusses various international legal instruments which envisage collective linguistic rights of indigenous peoples, highlights the challenges faced by indigenous peoples with regards to such rights, and concludes by suggesting ways by which these challenges can be surmounted.


Author(s):  
Donders Yvonne

This chapter studies the link between cultural heritage and human rights, considering treaties on cultural heritage and treaties on human rights. Cultural heritage is increasingly seen in international law not merely as an important product or value in itself but also in relation to the construction and preservation of cultural identities and, thereby, of the dignity of peoples, communities, and individuals. This has enhanced the human rights dimension of cultural heritage, in particular for minorities and Indigenous peoples. Several human rights—including the rights to take part in cultural life, to enjoy culture, and to freedom of expression and assembly—confirm that protection and promotion of cultural heritage is part of human rights. Strengthening and maintaining the link between cultural heritage and human rights reaffirms cultural heritage as a value for human dignity and reflects a shift from a sovereignty and State-centric approach to a people’s and peoples’ approach.


Author(s):  
Joyce Daniel

This chapter assesses Article 16's protection of the right to indigenous media, and to the participation of indigenous peoples in mainstream media. This dimension of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is significant for a number of reasons, but principally because it breaks new ground in conceptualizing ‘media rights’ not so much in terms of the traditional approach to freedom of expression or even media freedom, but rather in terms of the ability of rights holders to participate in mainstream media, and also to create and participate in indigenous media. Thus, questions of access, institutional frameworks, development concerns, and equity — which hover in the background of freedom of expression provisions — are brought front and centre.


Author(s):  
Aryeh Neier

This chapter explores thousands of other organizations, aside from Amnesty International and Human Rights Watch, that are also active in the human rights movement. Many of them make distinctive contributions by focusing on abuses of rights in a particular country or locality; by addressing violations of rights suffered by discrete segments of the population such as gays and lesbians, indigenous peoples, women, members of racial, religious or ethnic minorities, or persons suffering from mental or physical disabilities; by dealing with a particular form of abuse, such as torture or the denial of freedom of expression; by using a particular method to promote human rights, such as litigation or the rehabilitation of torture victims; or by enlisting members of a certain profession, such as lawyers, physicians or journalists, in the struggle for human rights.


2019 ◽  
Vol 60 (4) ◽  
pp. 265-280
Author(s):  
Jeffrey Ansloos ◽  
Suzanne Stewart ◽  
Karlee Fellner ◽  
Alanaise Goodwill ◽  
Holly Graham ◽  
...  

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