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In general, conflicting human rights refer to circumstances where disputing parties assert that exercising one person's or group's legally protected rights would impair the freedoms of another. This makes it more difficult to settle a human rights dispute when only one side alleges a violation. In some situations, only one party is asserting a human rights claim, which clashes with the rights of another party or parties under the law.

When two claims have legally protected rights in them and at least one of the claims is related to a human rights law, a competing human rights situation exists. According to this definition, claims of conflicting human rights scenarios could involve:

Code right v. Code right :A civil marriage commissioner objects to performing a marriage ceremony for a same-sex couple, claiming that it violates his religious beliefs. He claims that under the Code, he has the right to be free from discrimination based on religion in employment. The couple wishing to receive the service claims that their right under the Code to be free from discrimination because of sexual orientation in services is being breached.
  • Code right v. Code legal defence : Religious organization, providing supportive group living to persons with disabilities of any denomination, requires staff to abide by a religious code of behaviour. The organization dismisses a support worker once it learns she is in a same-sex relationship. The dismissed worker might claim Code-based discrimination on the ground of sexual orientation while the religious organization might claim a Code defence under section 24(1)(a) that allows restrictions on terms of employment for religious and other types of organizations in certain circumstances.
  • Code right v. Charter right: A man describing himself as a “born again” Christian often discusses his new religious enthusiasm with his employees. He has tried several times to encourage workers to come to his church meetings, and for Christmas gives each employee a Bible as a gift. Employees have made it clear that they do not welcome or appreciate his comments and conduct in their secular workplace.

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