Balancing Competing Human Rights Claims in a Diverse Society: Institutions, Policy, Principles

Published in Cooperation with the Ontario Human Rights Commission

As societies around the world embrace diversity, certain challenges and tensions have become visible that were not fully anticipated. In particular the practice of human rights has become increasingly complex in Canada and other diverse societies because more and more often the claim to a right of one individual or group directly affects the claim to the human rights of another group. The challenge of balancing these competing human rights claims is the focus of this book. Beginning in 2005, the Ontario Human Rights Commission (OHRC) began a process to develop the first policy in Canada to address competing human rights claims. This policy development included extensive consultation with the public, academics, human rights commissions elsewhere in the country, and stakeholders in the human rights community in Ontario. These efforts resulted in a policy for Ontario which was released in April 2012. Part One of this book presents this policy and a series of chapters that provide instructive background for the development of the policy. Part Two broadens the scope of the discussion by exploring broad principles at stake when human rights compete.