Advice given to Assembly Members on Human Rights (FOI)

Request

In 2000 Jersey adopted the European Convention on Human Rights into Jersey Law. Formally adopted in 2006. As it stands in 2019, Article 14 of the European Convention on Human Rights states:

The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

What written advice did the Government of Jersey provide to States Members on the European Convention on Human Rights for the following:

A

P75 The debate on removing the right of British citizens to stand for the States Assembly unless they had been in Jersey for five years with no consultation. A right they had enjoyed up to that point.

B

P75 The debate on members of Portuguese, Polish, and other Commonwealth communities who have been resident in Jersey for more than five years - yet cannot stand for States Assembly on the same grounds as British Citizens?

C

P106 The Landlords Licensing Scheme.

D

P78 Black Lives Matter.

In these cases historical discrimination against a minority took place. Was any advice given?

Response

We are not aware of the Government of Jersey having provided written advice on the European Convention on Human Rights to States Members in relation to the matters referred to.

Excluding P106 regarding landlord registration which was subordinate to primary legislation compatible with the Convention, these propositions were not lodged by the Government.