Comments on: “School faces human rights complaint over student’s egg, dairy allergy” http://overlawyered.com/2014/01/school-faces-human-rights-complaint-students-egg-dairy-allergy/ Chronicling the high cost of our legal system Fri, 27 Mar 2015 03:21:14 +0000 hourly 1 http://wordpress.org/?v=4.1.1 By: Lee http://overlawyered.com/2014/01/school-faces-human-rights-complaint-students-egg-dairy-allergy/comment-page-1/#comment-262630 Tue, 21 Jan 2014 03:14:36 +0000 http://overlawyered.com/?p=43506#comment-262630 I wonder if the school had not previously banned nuts from the premises, presumably as demanded by a different parent, they would not now be facing additional demands.

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By: gasman http://overlawyered.com/2014/01/school-faces-human-rights-complaint-students-egg-dairy-allergy/comment-page-1/#comment-261844 Sun, 19 Jan 2014 03:09:20 +0000 http://overlawyered.com/?p=43506#comment-261844 http://hnoj.hwcdsb.ca is the school. Looks like a private school, but not certain what that means in Ontario. Could be that private schools there have less freedom to decline to accommodate every parental whim as they still do in the US (although that appears to be eroding).

The mother claims that the child has had 9 anaphylactic reactions. Sounds like the kid is not safe even under mother’s watchful eye. Perhaps the state should step in and take the child for her own safety.

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By: Jazzizhep http://overlawyered.com/2014/01/school-faces-human-rights-complaint-students-egg-dairy-allergy/comment-page-1/#comment-261744 Sat, 18 Jan 2014 21:17:09 +0000 http://overlawyered.com/?p=43506#comment-261744 Bill,

Ok, apologies for the misinterpretation. Your comment does makes sense as a response to Roy.

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By: Bill Poser http://overlawyered.com/2014/01/school-faces-human-rights-complaint-students-egg-dairy-allergy/comment-page-1/#comment-261491 Sat, 18 Jan 2014 04:14:34 +0000 http://overlawyered.com/?p=43506#comment-261491 BTW, the only legal enforcement of the “freedom from seeing other people enjoying themselves” of which I am aware is found in some Muslim countries, which prohibit public daytime eating and drinking during Ramadan.

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By: Bill Poser http://overlawyered.com/2014/01/school-faces-human-rights-complaint-students-egg-dairy-allergy/comment-page-1/#comment-261489 Sat, 18 Jan 2014 04:11:58 +0000 http://overlawyered.com/?p=43506#comment-261489 Jazzizhep,

Good points. I wasn’t defending the suit but merely responding to the slippery slope argument made by Roy B by distinguishing the cases of adult employees and young schoolchildren.

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By: Jazzizhep http://overlawyered.com/2014/01/school-faces-human-rights-complaint-students-egg-dairy-allergy/comment-page-1/#comment-261371 Fri, 17 Jan 2014 20:26:40 +0000 http://overlawyered.com/?p=43506#comment-261371 Bill,

I agree, the school should be take extra care to not offer the child foods because she may be, at 6 years old, incapable of distinguishing between “good” foods and “bad” foods. However, if you read the attached links the mother is upset because the school still serves milk, yogurt, and eggs to other children (not to mention the crime of permitting chocolates to be eaten on Valentines Day). The mother seems particularly upset that her child had to endure watching her teacher eat buttered popcorn.

There was no mention that the school actually fed the child harmful foods, only that the student suffered because she had to watch other students consume foodstuffs she herself could not enjoy. Not being a lawyer, or familiar with all the things the U.N. deems as human rights, I can only guess that “freedom from seeing other people enjoying themselves” is not actually a human right–but I could be wrong.

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By: Bill Poser http://overlawyered.com/2014/01/school-faces-human-rights-complaint-students-egg-dairy-allergy/comment-page-1/#comment-261323 Fri, 17 Jan 2014 17:46:34 +0000 http://overlawyered.com/?p=43506#comment-261323 There is a difference between the situation of an adult employee with a life-threatening allergy and that of a young child in school namely the fact that the adult can be expected to avoid eating or coming in contact with whatever he is allergic to while a young child cannot. An adult, or older child, can also be expected to handle such contact as does occur, e.g. by carrying and using an epipen (if only the school will back off from insane war on drugs policies that treat things the same as crack).

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By: Roy B http://overlawyered.com/2014/01/school-faces-human-rights-complaint-students-egg-dairy-allergy/comment-page-1/#comment-260957 Thu, 16 Jan 2014 18:54:33 +0000 http://overlawyered.com/?p=43506#comment-260957 I feel sorry for the girl but must ask about the rights of every other student in the school? Are they to live their lives according to the needs of one student? What about her future, will any college of company be required to give up their rights so that this one person may be comfortable?

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By: Boblipton http://overlawyered.com/2014/01/school-faces-human-rights-complaint-students-egg-dairy-allergy/comment-page-1/#comment-260894 Thu, 16 Jan 2014 14:23:31 +0000 http://overlawyered.com/?p=43506#comment-260894 I am eagerly awaiting disparate impact theory to hit Canada and anticipate much fun over its effect on grade point averages.

Bob

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