Diversity in BC Schools: A Framework - Racial Equity Tools

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Diversity in BC Schools: A FrameworkGuiding Legislation• The Multiculturalism Act of BC (1993) respects andrecognizes cultural diversity as a part of our society.• It identifies the goal of fostering a society where thereare no barriers to participation in the community, incultural and political life.• The Canadian Charter of Rights and Freedoms (1982),which comprises Part 1 of the Constitution Act, is linkedto the Multiculturalism Act. Section 27 refers to the“preservation and enhancement of the multiculturalheritage of Canadians.”In addition to guiding legislation for Multiculturalism,there is also legislation that relates specifically to the rightsof Aboriginal Peoples.Guiding Legislation• Part 1 of the Constitution Act (1982) contains the CanadianCharter of Rights and Freedoms. Section 25 of the Chartermakes it clear that other rights contained in the Chartermust not interfere with the rights of Aboriginal Peoples.• Part 2 of the Constitution Act (1982) addresses The Rightsof Aboriginal Peoples. Section 35 (1) recognizes and affirmsthe existing aboriginal and treaty rights of the AboriginalPeoples of Canada. Section 35 (4) guarantees these rightsequally to male and female persons.10 BC Ministry of Education
Diversity in BC Schools“The board is ultimatelyresponsible for protecting thefundamental right of every childand youth to be treated withdignity and respect.”Fair Schools: Respect, Listening,Advocacy, Participation,InclusionThe Office of the OmbudsmanPublic Report No. 35/ May 1995Human Rights is defined as the provision for every individual tohave the right to live, work, and learn in an environment free fromfear, discrimination and harassment.Human rights emphasizes the rights of the individual, theresponsibilities of employers and service providers, and the needfor preventive action.Human rights policy goals generally focus on prevention, remedialaction and correction, and are guided by the principle that humanrights violations are harmful to an entire organization andcommunity, and not simply to those who are directly affected.Goals or purposes of Human Rights include:• preventing discrimination• correcting persistent patterns of inequality affecting groups• redressing discrimination against individuals• providing an effective, efficient and timely remedy for incidentsor situations in which human rights are threatened, through afair processGuiding LegislationLegal obligations with regards to human rights are guided bythe Human Rights Code, British Columbia (1969,1973, 1984,1997) and the Canadian Human Rights Act (1976-77, 1985).Human rights are also linked to the Canadian Charter of Rightsand Freedoms since the Charter refers to the rights of theindividual.The BC Human Rights Code identifies 13 protected grounds.People are protected by virtue of their race, colour, ancestry,place of origin, political belief, religion, marital status, familystatus, physical or mental disability, sex, sexual orientation,age (applies to persons 19 to 64 years of age), and unrelatedcriminal or summary convictions.The School Act, section 2 guarantees the rights of personsof school age resident in a school district to enroll in aneducational program provided by the school board.BC Ministry of Education 11
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