Getting it Straight on Rights

A few days ago, members noted that, in between making noise with their kazoos and horn, lounging on our raised bed garden, harassing people and generally having what AUPE picketers seem to consider a good time, they also put together another photo op.

We were curious as to what new way their propaganda machine would try and portray us as the bad guys and themselves as the good guys, while they were busily making life hell for everyone around them.  Especially when one member passed on what she thought one of the new placards read; she couldn't be sure, because they were hard to read at a distance, but she thought one of them read "you have human rights because of union rights."

I really hoped she was wrong.  After all, they couldn't be that arrogant, could they?

Ah, well.  Another hope dashed.

The AUPE media machine did, indeed, put up a photo on their website.  They managed to scrape together 9 out of the 30 striking care staff to pose for the camera.  Looking at it, I can just imagine the scenario.

"Okay, ladies... closer together.

Closer...

Now, I know we've all been having fun here, playing on kazoos and all, but remember.  You are OPPRESSED.  So DON'T smile for the camera.

No, wait. I said DON'T smile.

You're supposed to be all sad and somber.  All of you....

Let's try again.  Remember.  Oppressed.

Put away the cell phone for now.

Aaaannnd... DON'T smile... Think oppression and stuff.

I said DON't...

Ah, nevermind.  This is close enough."

Seriously, though.  You'd think they'd at least have been able to get a picture where all their signs could be read.  Mind you, if they did that, they'd have some of our signs in the background, and that probably would have messed with their trying to portray themselves as victims, rather than the abusers they are.

Meanwhile, there in the front, is a sign that reads:

Human "rights" are because of unions!

Wow.

This is even worse than what the member thought had been written.  Let's take a look at just how many things are being said in just this one line (there was other stuff squeezed under it, but it was too small to see).

Let's first look at the use of scare quotes.  The use of scare quotes around a word or phrase suggests that the word or expression is somehow wrong, misleading or inappropriate.  They are also used to suggest scepticism, derision, or disapproval.

Which means that, by putting the word "rights" in quotation marks in the sign (unlike my use of it here, where I am actually quoting the sign), they are actually suggesting that there are no human "rights" at all.

Let's also take into account that this is an obvious response to signs on Artspace which read, "Human rights before union rights."

What this sign is suggesting is that we don't actually have human rights at all, without unions.

Which is where I find myself wondering, again. Arrogance?  Or stupidity?

Or both?

Let's examine this seemingly simple phrase more closely.

Let's ask the most obvious question; what is the definition of human rights?

Human rights are defined as the basic rights and freedoms to which ALL humans are entitled.  These are fundamental rights that belong to each individual.

Simply put, these are rights we have, simply because we are human.  This universality is why they are called "human rights."  These are not rights granted to us by governments or organisations (which could be called civil rights or granted rights).  They exist EVEN IF governments or organisations refuse to acknowledge them or prevent them.  Granted rights, on the other hand, typically need to be qualified for or earned.  For example, we have the right to vote, but must be of legal age and a citizen to do so.  Voting is not a human right, but a civil right.

This placard tells us that it is unions that have granted us our human rights.  Or, "rights."  Which goes completely against what a human right actually is; we have human rights because we are human, not because unions gave them to us.

In discussing this with one member, it was asked, does that mean the union thinks our care workers are sub-human?  (until they joined the union, I suppose.)  Or that disabled people are sub-human?

An interesting point.  If the union believes that they are the ones who are responsible for granting human "rights," does that mean they consider anyone who isn't a member of a union as non-human, and therefore undeserving of human "rights"?

That would go a long way to explain their behaviour towards Artspace members.  They don't consider us human.

(update: Aug. 3.  Finally got to see the entire sign.  The scare quotes are around "human rights" not just "rights."  Which seems to confirm that this hypothesis.)

Now, let's take a look at the Canadian Charter of Rights and Freedoms, which recognises both human rights and granted rights.  We'll just look at the ones that apply to everyone (human rights). Part one reads:

Fundamental Freedoms
Marginal note:Fundamental freedoms
2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.

Let's apply this to our situation.  2(a) is not an issue, but 2(b) is.  AUPE has tried to prevent Artspace members from expressing their thoughts, such as when they complained about the Scab is Nature's Band Aid poster, leading to its removal (even while defending their use of hate speech).  When we finally ignored their threats and members put signs up on their balconies, they claimed offence and have even threatened to call by-law enforcement to have them removed.


2(c) is an interesting one.  I don't know if a picket line could be considered an "assembly" as defined here, but they have never been peaceful.  Meanwhile, Artspace members who would like to go out on their balconies or in the patio areas in front of the high rise to socialise, cannot do so without being harassed by picketers, which means AUPE is denying Artspace members their right to peaceful assembly - in our own home, no less.  This would also apply to 2(d).

Under Legal Rights in the Charter, we have:

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

This, AUPE has denied Artspace members.  As many have openly stated, including on signs in our windows, we feel like we are being held hostage in our homes.  We don't feel safe.  We can't go about our daily lives when they are around, without their harassment and intimidation.  We can't even enjoy the INSIDE of our homes, because of the use of noise as a weapon against us.

Let's take a look at some other recognised human rights:

The right to privacy: denied to Artspace members by AUPE picketer actions.
The right to own property: early in the strike (the morning of May 10, to be exact), AUPE picketers were heard to yell out, "These buildings belong to AUPE."  They literally claimed Artspace as AUPE property.
To be recognised as a person: this new placard seems to suggest we're not even human unless a union declares us so.  They also deny the personhood of our replacement workers, as the things they yell out and their Ode to a Scab demonstrates (they didn't even properly credit the Ode properly to Jack London) demonstrate.

"Mummy's bad!"

 To think freely: AUPE picketers have been shouting for months, sometimes through bullhorns, what we should think or do. They've been telling children what to think of their parents. They've been telling us what to think of the replacement workers and they've been telling the whole street what to think of our members with disabilities.  It's also rather hard to think freely while people are outside your home, blowing on kazoos and horns, shouting and otherwise being loud and disruptive.

To peacefully protest a government or group: in our case, Artspace members have peacefully protested against AUPE through our signs and banners, and they have tried to deny us this through intimidation and threats.

"I'm gonna take you out!"

Our striking care staff (people our user members no longer want back, due to their disgusting behaviour on the picket line) have every right to join a union.  They have every right to go on strike.  No one is trying to prevent them from doing that, even if we think it was unwise.

What they don't have a right to is misconduct, which is defined in the Labour Relations Act as:

"strike-related misconduct" means incitement, intimidation, coercion, provocation, infiltration, surveillance or any similar conduct intended to interfere with, obstruct, prevent, restrain or disrupt the exercise of any right under this Act in anticipation of, or during, a lockout or legal strike;

"Why should I care about your son?"

Yet when Artspace members (try to) complain to the Labour Relations board, the police and politicians about picketer misconduct, nothing is done.  The union is allowed free reign to abuse Artspace members.  They are not picketing SAIL.  They are picketing Artspace.  They are picketing private homes, most of which have NOTHING to do with the strike.  Yet those who should be protecting us are turning a blind eye.

That, my friends, is discrimination.