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Human Rights (Jersey) Law 2002
The Human Rights (Jersey) Law 2000 marks a significant development in ensuring respect for human rights in Jersey. It incorporates rights and freedoms guaranteed under the European Convention on Human Rights into domestic law, enabling cases concerning rights given under the Convention to be brought in the courts in Jersey, whereas previously they had to be taken to the European Court of Human Rights in Strasbourg. The Law is due to be implemented in the near future.
The Convention guarantees the following rights and freedoms:
- right to life
- freedom from torture and inhuman or degrading treatment or punishment
- freedom from slavery and forced or compulsory labour
- right to liberty and security of person
- right to a fair and public trial within a reasonable time
- freedom from retrospective criminal law and no punishment without law
- right to respect for private and family life, home and correspondence
- freedom of thought, conscience and religion
- freedom of expression
- freedom of assembly and association
- right to marry and found a family
- prohibition of discrimination in the enjoyment of the Convention rights
- right to peaceful enjoyment of possessions and protection of property
- right to education
- right to free elections
- right not to be subjected to the death penalty
Preparation for implementation has involved a lot of work for the public sector in Jersey. Article 7 of the Law makes it unlawful for a public authority to act incompatibly with Convention Rights. Courts and tribunals will be public authorities, as will any person whose function is of a public nature.
Other public authorities would include any administration of the States, parochial authorities, police (including honorary police) and regulatory bodies such as the Jersey Financial Services Commission. These authorities have reviewed the legislation, which they are responsible for administering, and their policies and procedures for compliance with the Convention rights and trained their staff in awareness. All courts and tribunals have required training to enable them to deal confidently with Convention points in the cases that come before them.
After the Law comes into force, anyone who thinks that a public authority has breached their Convention rights can take the authority to Court for breaching those rights or rely on the Convention rights in the course of any other proceedings involving a public authority, e.g. judicial review or criminal trial. If the Court finds that a public authority has breached the Convention rights, it can award whatever remedy is open to it and seems just and appropriate - this could include damages.
For further information on human rights, please contact the Policy and Resources Department, P.O. Box 140, Cyril Le Marquand House, St. Helier JE4 8QT. Telephone ; Fax . If you believe your rights have been breached, in the first instance, you should consider seeking advice from a lawyer or the Citizens' Advice Bureau as the Policy and Resources Department cannot give legal advice.
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related website: http://www.humanrights.gov.je
related telephone:
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This article updated: 2004/07/01 12:01:47
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| ......Daily Ditons...... |
A deux buts n'y'a qu' un noeud.
As sure as fate.
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