Rights and the City

rights and the city takes stock of rights struggles and their progress, with a primary focus on Canadian cities.It explores the meaning of people's experiences for the realization of human and other related forms of rights-locally, nationally, and globally.In addition, the project aims to examine the legal, conceptual, and philosophical aspects of rights, including the various forms of rights-human, Indigenous, housing, property, and various others embedded in or encompassing these.This book is unique in its use of empirical evidence and examples to explain rights and to translate the philosophical and legal aspects of rights into more practical terms and applications, such as the application and practice of rights to and in the city.The compilation elicits the constraints and ambiguities that municipal governments face, and some of the progress made when they attempt to combat discriminatory practices, while advancing a human rights agenda.This edited volume has one implicit question that unites all its parts: What is (and what ought to be) the role of municipal governments and planners in regulating, implementing, and advocating rights' claims?It answers the question empirically via legal research or analysis of statutory and case law, or it relies on qualitative case studies.This exploration presents Canada, 2020).They face greater risk because they often work in frontline jobs, live in smaller and more crowded homes, and encounter barriers when accessing health information.Concurrently, homelessness is on the rise in Canadian cities, as witnessed in the dramatic emergence of tent cities since the beginning of the pandemic.Although the Canadian Charter of Rights and Freedoms (the Charter) and human rights legislation prohibit any form of discrimination in employment, housing, or health care, these legal tools do not offer any specific social and economic rights, such as the rights to housing, health care, social assistance, or work that are guaranteed in the International Covenant on Economic, Social and Cultural Rights (icescr).However, Canada, as a state, offers a comprehensive social protection and assistance framework in the form of unemployment benefits, social assistance, and health care to every Canadian.Unfortunately, each of these social programs has experienced steady funding cuts and reduction in assistance over the years.This volume adds might to the voices of people who are most affected by today's structural inequality and systemic discrimination, and who are sometimes subject to state violence.It explains how planning instruments were and still are complicit in creating a divisive, segregated city.At the same time, it describes the efforts and progress made, albeit slowly, with some hiccups along the way.In sum, this book is a call to reclaim and rebuild our cities so that they are equitable, diverse, and inclusive. Rights and FreedomsWhile no one definition of rights exists, rights are generally understood to be the fundamental normative rules in a given society for what its people are allowed to do or what they are owed by others, including governing bodies.These rules may be defined by a legal system, social conventions, or ethical theory.By one definition adopted here, rights are institutionally defined rules specifying how people can act with one another; they are upheld by enduring legal protections granted to individual citizens by the liberal-democratic state.They encapsulate two moral and political claims (Donnelly, 2013)-rectitude (righteousness or the right thing to Lately, the two ideas have been increasingly approaching each other: they are often used together, interchangeably, or nested, one within the other.Significant instances that exemplify this trend are recent un documents, such as the New Urban Agenda, a resolution adopted by the un General Assembly (2017), and an earlier policy paper for this agenda (2016).The un policy paper states: "The right to the city encompasses all civil, political, economic, social, cultural, and environmental rights as enshrined in existing international human rights treaties, covenants, and conventions" (unga, 2016, IB).More and more, the right to the city is viewed as the framework in which human rights in the city are specified and developed (Reuter, 2019). 2.According to Mitchell (2003, p. 23), the individual nature of human rights protects the interest of an individual at the expense of others' rights and hence suffers "indeterminacy," "reification," and "political disutility." 3.Kantian imperfect obligation requires the rational being to pursue a policy that admits exceptions, as opposed to perfect obligation that does not allow any exceptions. 4.For Sen, public reasoning involves an open public discussion, which encompasses respect for pluralism and tolerance for different points of view.

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