27 October 2006
On Thursday 26 October the Chief Minister, Senator Frank Walker, signed a ministerial decision regarding the ‘Human Rights (Jersey) Law 2000’. Subject to States approval the law will come into force on 10 December 2006.
The Law will mean that, for the first time, Human Rights will be enforceable in the Jersey courts. It will also place a legal duty on the States administration, and all other public authorities, to act in a way which is compatible with the Convention rights; the purpose of this is to bring the Convention rights into the heart of government policy making and into the performance of all public functions.
The introduction date of the law is due to be agreed by the States on 21 November. It is expected that they will agree to bring the law into force on International Human Rights day, Sunday 10 December. Senator Walker commented: “The 10 December is a day when many communities worldwide will be pledging their support to maintain and improve human rights. There can be no better date on which the States of Jersey can demonstrate their commitment to human rights.”
A number of changes to the existing legislation of the Island have had to be made in order for the Law to come into force. These changes range from the Mental Health Law to some areas of Planning legislation.
The Chief Minster will also introduce an amendment to the Human Rights Law, known as Protocol 13. In May 2003 the States agreed to accept this Protocol. It provides for the abolition of the death penalty in all circumstances, including wartime. Protocol 13 will come into force at the same time as the Human Rights Law.
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Notes to Editors:
1. For further information, please contact Senator Frank Walker on 440435 or Mike Entwistle on 440405.
2. Appointed day Act
Sunday 10 December 2006 is the 58th anniversary of the adoption by the United Nations of the Universal Declaration of Human Rights. It has been set aside annually by the UN as International Human Rights Day. The aim is to celebrate, educate and reflect on the principles that form the Universal Declaration of Human Rights. Whilst, strictly speaking, the Jersey legislation will incorporate into domestic law the rights and freedoms guaranteed by the European Convention on Human Rights and Fundamental Freedoms (ECHR) there are obvious symmetries between the Convention and the principles of the Universal Declaration of Human Rights.
3. Protocol 13
Since the States adopted the Human Rights (Jersey) Law in 2000, Protocol 13 of the ECHR was opened for signature on 3 May 2002. It provides for the total abolition of the death penalty in all circumstances, including wartime.
On 13 May 2003, the States adopted a Proposition of the Policy and Resources Committee (P.39/2003) that the Island Authorities should inform the UK that they wished the UK ratification of Protocol 13 to be extended to Jersey. The UK subsequently ratified the Protocol, including its extension to Jersey, on 10 October 2003.
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