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WHY IS THERE A HUMAN RIGHTS
CODE?
The Government of Newfoundland and Labrador
believes in the Universal Declaration of Human Rights, which was proclaimed by
the United Nations in 1948. To reaffirm the Government's faith in
fundamental human rights and in the dignity, worth, and equality of all people,
the Code was made into law in this province in 1971. The Code establishes the
Human Rights Commission and allows for the regulation and promotion of all
matters concerning human rights that fall within the competence of the
Legislature.
THE HUMAN RIGHTS CODE
The Human Rights Code, which is part of the laws
of Newfoundland and Labrador, came into effect on September 1, 1971. It has been
changed several times since then to improve the procedures and protections
offered to the residents of this province.
It’s important to remember that
the Commission follows the rules that are set out in the Code. This means that
there is not necessarily a human rights violation every time an individual is
treated unfairly or is hurt physically or emotionally. A human rights
violation occurs when one of the rules in the Code is broken.
Human Rights
Code
Click
on the links above to view to Human Rights Code in English..
Annotated Human Rights Code
The Annotated Human Rights Code
contains the text of each section of the code accompanied by a synopsis and
annotations that summarize legal decisions that comment on the section.
OVERVIEW OF THE HUMAN RIGHTS
CODE
The Code applies to the
provincial government, all of its departments and agencies, and to private
businesses.
A human rights violation under
the Code occurs when an individual is discriminated against because of one of
the following prohibited grounds of discrimination:
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race
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religion
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religious creed
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political opinion
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colour or ethnic origin
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national or social origin
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sex
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sexual orientation
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marital status
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family status
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age
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physical disability
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mental disability
The Code prohibits discrimination in the following circumstances:
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when providing
accommodation, services, facilities, or goods that members of the public
customarily have access to (for example, refusing to serve an individual at
a restaurant because he or she has a physical disability)
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when granting occupancy of
a commercial or self-contained dwelling unit (for example, refusing to rent
an apartment to an individual because of his or her family status)
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in the area of employment
(for example, refusing to hire an individual because of his or her sexual
orientation)
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in publications (for
example, posting a job advertisement in the newspaper that asks specifically
for male applicants only)
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The Code prohibits
harassment of individuals that is based on one of the thirteen prohibited
grounds when that person is the occupant of a commercial or self-contained
dwelling unit or when that harassment takes place in the workplace.
The Code also:
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protects equal pay for the
same or similar work performed by males and females\
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prohibits individuals who
are in a position to grant or deny a benefit or advancement to another from
engaging in unwelcome sexual solicitation with the person who is seeking or
receiving the benefit
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protects individuals who
have made complaints under the Code or who have assisted with the complaint
process from retaliation
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protects Special Programs
that are designed to prevent, reduce or eliminate disadvantages as long as
the Special Program has been approved by the Commission
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Some exceptions to these
rules are allowed when there is a limitation, specification, exclusion,
denial, or preference based on a ‘good faith’ qualification, or for Special
Programs. This means some actions that would normally violate the Code can
sometimes be allowed if there is a ‘good faith’ reason for the violation
(for example, males and females may be denied entry into public restrooms
intended for the opposite sex)
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