International Covenant on Economic, Social and Cultural Rights: Sixth Periodic Report

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 11 October 2013:

Decision Reference: MD-C-2013-0117
Decision Summary Title :	ICESCR 6th report 2013.10.10		Date of Decision Summary:	11th October 2013 Int 50
Decision Summary Author:	External Relations		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	International Covenant on Economic, Social and Cultural Rights – sixth periodic report		Date of Written Report:	10th October 2013
Written Report Author:	Law Draftsman		Written Report: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: International Covenant on Economic, Social and Cultural Rights – sixth periodic report
Decision(s): The Minister for External Relations approved the attached report on progress in relation to the International Covenant on Economic, Social and Cultural Rights (ICESCR) and agreed that it shall be forwarded to the United Kingdom Ministry of Justice for inclusion in the report of the United Kingdom government to the United Nations.
Reason(s) for Decision: The ICESCR was extended to Jersey on 20 May 1976. The government of Jersey has been requested to contribute to the sixth periodic report of the United Kingdom government on the ICESCR. This report provides a concise summary of developments in Jersey since the previous report completed in 2007.
Resource Implications: There are no manpower or resource implications arising from this Order.
Action required: The Chief Minister’s Department shall forward a copy of the attached report through the official channel to the UK Ministry of Justice.
Signature:		Position: Minister for External Relations
Date Signed:		Date of Decision (If different from Date Signed):

International Covenant on Economic, Social and Cultural Rights

UNCLASSIFIED

International Covenant on Economic, Social and Cultural Rights [1]

Treaty-specific report

BAILIWICK OF JERSEY

Article 1

Bailiwick of Jersey

Since the previous report the number of elected members of the States Assembly has been reduced from 53 to 51 members as follows:

10 Senators
12 parish Connétables
29 Deputies

From 2014 the number of Senators will be reduced again from 10 to 8 and all 8 will then be elected for a 4-year term of office as all Connétables and Deputies.

In September 2013, the States decided to appoint a Minister for External Relations, increasing the number of Ministers from 10 to 11.

Article 2

Bailiwick of Jersey

Since the last report, the States of Jersey have enacted the following legislation with regard to non-discrimination:

Further legislation adopted and given Royal Assent on 9th October 2013:

Wills and Successions (Amendment No. 2) (Jersey) Law 2013
Discrimination (Jersey) Law 2013.

The Wills and Successions Amendment No. 2 Law shall equalise the rights of surviving widows and widowers as regards the immovable estate of the deceased spouse or civil partner, who has died testate.

The Discrimination (Jersey) Law, when it comes into force, will prohibit discrimination on the grounds of race (colour, nationality, ethnic origin and national origin) in connection with areas including employment, education, access to services and accommodation.

Article 3

Bailiwick of Jersey

Since the last report, the States of Jersey have enacted the following legislation:

The Gender Recognition (Jersey) Law 2010

The new Discrimination (Jersey) Law will also provide that characteristics other than race can be protected from discrimination in future. The next characteristic to be protected is intended to be sex discrimination. Measures in respect of sexual orientation may be proposed as part of the sex discrimination regulations, or as separate measures.

Article 4

MOJ

Article 5

MOJ

Article 6

Bailiwick of Jersey

Every adult person in Jersey has the right to gain a living by work which they freely choose or accept.

Total employment in Jersey was 53,690 as of December 2012. In July 2013, the total number of people registered as unemployed and actively seeking work in Jersey was 1,860. The March 2011 estimate of the ILO rate of unemployment for Jersey was 4.7 percent, which compares favourably with other jurisdictions.

In October 2007, the Council of Ministers agreed to the creation of ‘Skills Jersey’, the overall aim of which is to support the achievement of the States Strategic Plan. To this end, it will develop means to enhance the skills levels of Jersey’s resident population to meet the changing needs of the economy.

Since the world economy has altered and the number of unemployed people has increased, various training programmes and active labour market policies have been developed by the States of Jersey which have been successful in helping unemployed Islanders to gain productive employment.

The Island has a range of programmes and initiatives including;

Trackers - an enhanced apprenticeship scheme which has four elements: technical qualification, vocational competencies in the workplace, key skills (literacy, numeracy and softer skills) and employer/employee responsibilities including health and safety [2].

‘Back to Work’ employability training - combines intensive job search, one-to-one mentoring, numeracy, literacy, confidence building, interview techniques and specific skills training.

Advance to Work and Advance Plus - training and employment schemes for adults in specific industry areas, with intensive skill and personal development training and work experience placements [3].

Skills accelerator - supports people in work to improve their skills by partly funding training up to £5,000, e.g. for vocational, specialist or personal development training, with the aim of making a difference to the sustainability or development of their employer's business [4].

Community jobs fund - Pays the full wages of an eligible candidate recruited by an employer into a job for up to six months that will provide the candidate with skills and experience as well as providing a tangible benefit to the wider community [5].

The Jersey Undergraduate Internship Programme [6].

Article 7

Bailiwick of Jersey

The minimum wage, established by the Employment (Jersey) Law 2003, continues to apply to employees over compulsory school leaving age. Where an employee (over compulsory school leaving age) is undertaking formal approved training, a lower trainee rate may be paid for up to two years.

The independent consultation body, the Employment Forum (which is made up of three employer, three employee and three independent representatives), continues to have a statutory duty to review and make recommendations to the Minister for Social Security on the level of the minimum wage and trainee rates. The recommendations and the rates that have applied since the minimum wage was introduced in 2005 are available on the website [7].

It is anticipated that work on sex discrimination (referred to in reference to Article 3) will necessarily require further investigation of and measures in relation to equal pay for work of equal value.

The Employment Law continues to make provision for statutory rest periods and paid holidays. There have been no developments relating to rest days, limits on working hours and paid holidays.

The legal requirements for the provision of safe and healthy working conditions are set out under the Health and Safety at Work (Jersey) Law, 1989. The Law places general duties on the various parties involved with working activities, including employers, employees and the self employed (duty holders). In addition, Regulations set out requirements for certain types of working activities and Codes of Practice set out practical guidance on how duty holders can meet their general duties in respect of specific issues. The Law was amended by the Health and Safety at Work (Amendment No. 4) (Jersey) Law 2010 [8] to clarify the need for employers to undertake risk assessments for their employees’ health and safety.

The website of the Health and Safety at Work Inspectorate [9] provides up-to-date information, including the annual report of the Inspectorate which includes statistical information on work related accidents and ill health as a result of claims made by individuals for Social Security benefit, (Short Term Incapacity Allowance).

Article 8

Bailiwick of Jersey

The Employment Relations (Jersey) Law 2007 came into force on 21 January 2008. The main aims of the Law are to:

• Provide a system of legal identification and registration of trade unions and employer associations and to give such bodies legal status.

• Create a legal dispute resolution process which supports and develops good industrial relations, with the aim of reducing the likelihood of disputes and enabling early resolution of disputes where they occur, using the Employment Tribunal where necessary.

• Support codes of practice to describe good and reasonable employment relations practice.

In preparing the codes of practice, regard was given to Jersey’s

international obligations, including under the Human Rights (Jersey) Law 2000 and International Labour Organisation (ILO) Conventions No.98 – Right to Organise and Collective Bargaining, and No. 87 – Freedom of Association and Protection of the Right to Organise.

Article 9

Bailiwick of Jersey

The provisions of this Article are implemented by the following:

Social Security (Jersey) Law 1974, as amended
Health Insurance (Jersey) Law 1967, as amended

and a substantial body of subordinate legislation made thereunder [10]. Details of the various benefits are available on the States of Jersey website [11].

Implemented in 2008 by virtue of the Income Support (Jersey) Law 2007, Income Support is a single, means-tested benefit that replaced many of the benefits previously paid through States Departments and the Parish Welfare system. Income Support is delivered from a central location, with one application form and a means-test based on household income.

The benefits that were replaced include Attendance Allowance; Family Allowance; Welfare Milk; Adult Disablement Allowance; Child Disablement Allowance; Disability Transport Allowance; Child Care Allowance, Health Insurance Exceptions and Parish Welfare Grants. Income Support provides financial assistance to in–work and out-of-work households and includes special payments for emergency expenses. It also provides winter fuel payments to households that contain an elderly or disabled member, or a young child.

In 2008 a new non-contributory benefit was introduced to compensate for the introduction of a new goods and services tax (GST) on food items for low income households. This benefit was later extended to provide an annual lump sum to reflect both the cost of food and the cost of purchase tax on food for these households.[12] In 2012, an additional lump sum benefit was introduced for low income pensioner households, providing support for winter heating costs, based on the local temperature during each winter month.[13] An existing benefit, the Christmas Bonus has been reformed and is now governed by the Christmas Bonus (Jersey) Law 2011 and certain individuals, primarily pensioners above 65, continue to benefit from this annual lump sum.

In 2012, by virtue of the Civil Partnerships (Jersey) Law 2012, social security benefits were amended to provide civil partners with the same rights as married couples.

In 2013 Invalid Care Allowance was replaced with Home Carer’s Allowance, a very similar benefit but now funded through the Social Security Fund. At the same time, future eligibility to survivor’s pension was restricted to survivors born on or before 31/12/1957, or who continue to care for a dependent child or young person. Eligibility to survivor’s allowance, paid for 12 months following the death of the partner is unchanged.

Article 10

Bailiwick of Jersey

The Social Security Department pays the following benefits to women who have paid sufficient Social Security contributions;

Maternity Grant is a lump sum which may be paid either before or after the birth to help with the cost of necessary items for the baby. The rate effective from October 2012 is £561.75.
Maternity Allowance is a weekly benefit which can be paid for a maximum of 18 weeks as compensation for loss of earnings and can start between 11 and 6 weeks before the baby is due. The rate effective from October 2012 is £187.25 per week.

The right to paid maternity leave and other family related rights was addressed as part of a consultation process undertaken by the Employment Forum and the Forum presented a recommendation to the Minister for Social Security [14]. The Minister is committed to progressing that legislation in 2014 and the proposed new rights will include;

time off work for antenatal care appointments for pregnant women,
a period of maternity, paternity or adoption leave for parents,
the right to return to their job after that leave, and
protection against dismissal on grounds of claiming these rights.[15]

Article 48 of the Children (Jersey) Law 2002 [16] gives the Minister for Health and Social Services the power to make Orders with respect to the employment of children. The Children (Regulation of Employment) Order 2011 [17] prohibits the employment of children under the age of 13 and includes other provisions including the prohibition of certain types of work, permitted hours of employment and periods of rest.

Article 11

Bailiwick of Jersey

With regard to the right to an adequate standard of living, the introduction of income support is summarised in relation to Article 9.

The States of Jersey have adopted a Rural Economy Strategy (2011-2015). It is designed to grow the rural economy in line with the objectives of the States Strategic Plan, whilst safeguarding Jersey’s countryside, its character and the environment. The Strategy recognises that economic sustainability of the rural sector depends on also providing positive environmental and social benefits.

There have been no further significant changes since the previous report.

Article 12

Bailiwick of Jersey

Health and Social Services has responsibility for delivering a comprehensive system of health and social care, including health care, children and adults’ social services, and a robust public health system.

The Business Plan of the Health and Social Services Department, updated annually, includes the overarching aim to: “Improve the health and social well-being of the population”

This is delivered according to the following high level objectives :

1: Redesign of the health and social care system to deliver safe, sustainable and affordable health and social services

2: Improved health outcomes by reducing the incidence of mortality, disease and injury in the population

3: Improved consumer experience of Health and Social Services

4: Promotion of an open culture based on good clinical and corporate governance with a clear emphasis on safety

5: Manage the Health and Social Services budget to deliver services in accordance with the Medium Term Financial Plan

The health of the population is monitored by the Island’s Public Health Directorate through the annual production of a Health Profile. This benchmarks Jersey’s health indicator data against neighbouring England.

The findings are arranged into nine themed groups:

demography
fertility
maternal and infant health
mortality
life expectancy and premature mortality
disease incidence and prevalence
sexual health
mental health
disease prevention
lifestyle.

In summary, Jersey residents have high life expectancy, and regular smokers are smoking less, with a decrease in lung cancer rates. However, premature deaths - especially from lung cancer, suicide and liver disease are still higher than in our comparator region of England. Stillbirths and infant mortality rates remain low, termination of pregnancy rates were low and there was a high uptake in child immunisation.

Article 13

Bailiwick of Jersey

The right of everyone to education is recognised in the Education (Jersey) Law 1999,

Every child of compulsory school age is entitled to free full-time education appropriate to the child’s age, ability and aptitude.

Academic and vocational courses are also available free of charge to children in the 16-18 age range, subject to pupils demonstrating that they meet the required entrance standards.

Extra support is given to children and young people who have for whatever reason have not received or completed their primary education. This generally takes the form of additional support during normal school hours, e.g. literacy, numeracy, English as a Second Language.

Higher education is also available to young people, who are eligible to apply for a student grant to cover the costs of tuition and living expenses for course in the U.K. or overseas. This grant is means-tested according to household income, and is subject to the applicant being accepted on to the course that s/he wishes to follow.

In 2008, the Minister made the Education (Discretionary Grants – General) (Jersey) Order 2008 and the Education (Discretionary Grants – Amounts) (Jersey) Order 2008 to update the provision of financial assistance to persons over compulsory school age attending courses of education.

The Law was also amended by the Education (Amendment No.2) (Jersey) Law 2013 with regard to the calculation of grants based on family income.

The Education (Nursery Fees) (Jersey) Regulations 2011 were introduced with regard to the payment of fees by the parent of a child below compulsory school age for the attendance of the child in a nursery school, or nursery class, established and maintained by the Minister.

In 2012 the government of Jersey launched Digital Jersey which, working collaboratively with other organisations, will play a key role in the island’s education and skills development agenda and to promote the vision of a connected community.

Article 14

Bailiwick of Jersey

Not applicable

Article 15

Bailiwick of Jersey

The States of Jersey approved a Cultural Strategy in 2005 which sets out a wide-ranging and inclusive strategy that is designed to encourage and promote cultural activities across all sectors of the community. Many aspects of the Strategy have already been implemented, or are in the process of implementation, and the strategy is subject to regular monitoring and review.

The rights of citizens ‘to enjoy the benefits of scientific progress and its applications’ is recognised by taking advantage of relevant technologies and innovations wherever appropriate. For example, the Department actively promotes and funds the use of Information Technology in schools and colleges across the Island, not only in helping to develop key skills, but also to help equip young people for employment after leaving school.

In 2009 the government of Jersey signalled its intent to request an extension to Jersey of the UK’s ratification of the Berne Convention for the Protection of Literary and Artistic Works. A programme work has been completed to ensure Jersey is fully compliant with the requirements of the Convention including the Intellectual Property (Unregistered Rights) (Jersey) Law 2011 governing copyright and other unregistered intellectual property rights which came into force on 18 December 2012. A formal request has now been made for extension of the Berne Convention to Jersey.