Human Rights (Jersey) Law 2000

Revised Edition

15.350

Showing the law as at 1 January 2007

This is a revised edition of the law




Human Rights (Jersey) Law 2000[1]

A LAW to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights and for connected purposes

Commencement [see endnotes]

1        Interpretation

(1)     In this Law –

amend” includes repeal and apply (with or without modifications);

Commission” means the European Commission of Human Rights;

Committee of Ministers” means the Committee of Ministers of the Council of Europe;

Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the Island;

Convention rights” means the rights and fundamental freedoms set out in –

(a)     Articles 2 to 12 and 14 of the Convention;

(b)     Articles 1 to 3 of the First Protocol;

(c)     Articles 1 and 2 of the Sixth Protocol; and

(d)     Article 1 of the Thirteenth Protocol,

as read with Articles 16 to 18 of the Convention;

declaration of incompatibility” means a declaration of incompatibility made under Article 5;

designated derogation” means –

(a)     the United Kingdom’s derogation from Article 5(3) of the Convention on Jersey’s behalf (which is set out in Schedule 2; and

(b)     any derogation by the United Kingdom from an Article of the Convention, or of any protocol to the Convention, on Jersey’s behalf which is contained in a Designation Order;

designated reservation” means any reservation to an Article of the Convention, or of any protocol to the Convention, by the United Kingdom on Jersey’s behalf and contained in a Designation Order;

Designation Order” means an Order of the Minister which designates any derogation from, or reservation to, an Article of, or a protocol to, the Convention by the United Kingdom on Jersey’s behalf for the purposes of this Law;

“Minister”, except in Articles 3(2), 8(8) and 16, means the Chief Minister”;

principal legislation” means any –

(a)     Law;

(b)     Act of Parliament applying directly to Jersey;

(c)     Measure of the Church Assembly or General Synod of the Church of England which has effect in the Island in accordance with the provisions of a scheme under the Channel Islands (Church Legislation) Measure 1931, as amended;

(d)     Order in Council extending to Jersey an Act of Parliament, with or without adaptation, exception or modification;

(e)     triennial Regulations; and

(f)      Order in Council made in exercise of Her Majesty’s Royal Prerogative which applies to Jersey,

and includes any Regulations, an Order or other instrument made under principal legislation (whether in Jersey or in the United Kingdom) to the extent to which it operates to bring one or more provisions of that legislation into force or amends any principal legislation;

First Protocol” means the protocol to the Convention agreed at Paris on 20th March 1952;

Sixth Protocol” means the protocol to the Convention agreed at Strasbourg on 28th April 1983;

Eleventh Protocol” means the protocol to the Convention (restructuring the control machinery established by the Convention) agreed at Strasbourg on 11th May 1994;

“Thirteenth Protocol” means the protocol to the Convention agreed at Vilnius on 3rd May 2002;

subordinate legislation” means any –

(a)     Order in Council other than one which is principal legislation; and

(b)     Regulations, Order, Rules, scheme, warrant, Bye-laws or other instrument made under principal legislation (except to the extent to which it operates to bring one or more provision of that principal legislation into force or amends principal legislation);

tribunal” means any tribunal in which legal proceedings may be brought.[2]

(2)     In Article 3(1) –

(a)     the references in sub-paragraphs (b) and (c) to Articles are to Articles of the Convention as they had effect immediately before the coming into force of the Eleventh Protocol;

(b)     the reference in sub-paragraph (d) to Article 46 includes a reference to Articles 32 and 54 of the Convention as they had effect immediately before the coming into force of the Eleventh Protocol; and

(c)     the references to a report or decision of the Commission or a decision of the Committee of Ministers include references to a report or decision made as provided by paragraphs 3, 4 and 6 of Article 5 of the Eleventh Protocol (transitional provisions).

2        The Convention

(1)     The Articles of the Convention which comprise the Convention rights (and which are set out in Schedule 1) shall have effect for the purposes of this Law subject to any designated derogation or reservation.

(2)     The Minister may by Order make such amendments to this Law as the Minister thinks appropriate to reflect the effect, in relation to Jersey, of a protocol to the Convention which the United Kingdom has ratified, or signed with a view to ratification, on Jersey’s behalf.

(3)     No amendment may be made by an Order under paragraph (2) so as to come into force before the protocol concerned is in force in relation to Jersey.

3        Interpretation of Convention rights

(1)     A court or tribunal determining a question which has arisen in connection with a Convention right must take into account any –

(a)     judgment, decision, declaration or advisory opinion of the European Court of Human Rights;

(b)     opinion of the Commission given in a report adopted under Article 31 of the Convention;

(c)     decision of the Commission in connection with Article 26 or 27(2) of the Convention; or

(d)     decision of the Committee of Ministers taken under Article 46 of the Convention,

whenever made or given, so far as, in the opinion of the court or tribunal, it is relevant to the proceedings in which that question has arisen.

(2)     Evidence of any judgment, decision, declaration or opinion of which account may have to be taken under this Article is to be given in proceedings before any court or tribunal in such manner as may be provided –

(a)     in the case of proceedings in the Royal Court or Magistrate’s Court by Rules of Court made by the Royal Court;

(b)     in the case of proceedings in the Court of Appeal by Rules of Court made by the Court of Appeal; and

(c)     in the case of proceedings in a tribunal by Order made by the Minister having the power to make Orders in relation to that tribunal.

4        Legislation

(1)     So far as it is possible to do so, principal legislation and subordinate legislation must be read and given effect in a way which is compatible with Convention rights.

(2)     This Article –

(a)     applies to principal and subordinate legislation whenever enacted;

(b)     does not affect the validity, continuing operation or enforcement of any incompatible principal legislation; and

(c)     does not affect the validity, continuing operation or enforcement of any incompatible subordinate legislation if (disregarding any possibility of revocation) principal legislation prevents removal of the incompatibility.

5        Declaration of incompatibility

(1)     If in any proceedings in which a court determines whether a provision of principal legislation is compatible with a Convention right, the court is satisfied that the provision is not so compatible, it may make a declaration of incompatibility.

(2)     If in any proceedings in which a court determines whether a provision of subordinate legislation made in the exercise of a power conferred by principal legislation, is compatible with a Convention right, the court is satisfied –

(a)     that the provision is not so compatible; and

(b)     that (disregarding any possibility of revocation) the principal legislation concerned prevents removal of the incompatibility,

it may make a declaration of incompatibility.

(3)     In this Article “court” means –

(a)     the Royal Court (Superior or Inferior Number) sitting otherwise than as a court of trial in criminal proceedings;

(b)     the Court of Appeal; or

(c)     the Judicial Committee of the Privy Council.

(4)     A declaration of incompatibility –

(a)     does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given; and

(b)     is not binding on the parties to the proceedings in which it is made.

6        Right of Attorney General to intervene

(1)     Where a court is considering whether to make a declaration of incompatibility, the Attorney General shall be notified in accordance with Rules of Court made by that court.

(2)     In any case to which paragraph (1) applies, the Attorney General (or a person nominated by the Attorney General) shall, on giving notice in accordance with the Rules referred to in that paragraph at any time during the proceedings, be joined as a party to the proceedings.

(3)     A person who has been joined as a party to criminal proceedings as a result of a notice under paragraph (2) may, with leave, appeal against any declaration of incompatibility made in the proceedings.

7        Public authorities and the States Assembly

(1)     It is unlawful for a public authority to act in a way which is incompatible with a Convention right.

(2)     In this Article “public authority” includes –

(a)     a court or tribunal; and

(b)     any person certain of whose functions are functions of a public nature,

but does not include the States Assembly or a person exercising functions in connection with proceedings in the States Assembly.

(3)     In relation to a particular act, a person is not a public authority by virtue only of paragraph (2)(b) if the nature of the act is private.

(4)     Notwithstanding that the States Assembly is not a public authority for the purposes of this Law, it shall be unlawful for the States Assembly –

(a)     to make subordinate legislation which is incompatible with a Convention right; or

(b)     to acquire land by compulsory purchase pursuant to powers contained in any enactment in a way which is incompatible with a Convention right.

(5)     The States may by Regulations amend paragraph (4) so as to add further categories of activity in which it may be unlawful for the States Assembly to act in a way which is incompatible with a Convention right.

(6)     Paragraphs (1) and (4) do not apply to an act if –

(a)     as the result of one or more provisions of principal legislation, the authority or the Assembly, as the case may be, could not have acted differently; or

(b)     in the case of one or more provisions of, or made under, principal legislation which cannot be read or given effect in a way which is compatible with the Convention rights, the authority or the Assembly, as the case may be, was acting so as to give effect to or enforce those provisions.

(7)     “An act” includes a failure to act but does not include a failure to –

(a)     lodge au Greffe or introduce in the States a proposal for legislation;

(b)     make any principal legislation.

8        Proceedings

(1)     A person who claims that –

(i)      a public authority has acted, or proposes to act, in a way which is made unlawful by Article 7(1); or

(ii)      the States Assembly has acted in a way which is made unlawful by paragraph (4) of that Article,

may –

(a)     bring proceedings against the authority or, in the case of the Assembly, the States, under this Law in the Royal Court; or

(b)     rely on the Convention right or rights concerned in any legal proceedings,

but only if the person is (or, in the case of proposed action by a public authority, would be) a victim of the unlawful act.

(2)     If the proceedings are brought on an application for judicial review, the applicant is to be taken to have sufficient interest in relation to the unlawful act only if he or she is, or would be, a victim of that act.

(3)     A person wishing to bring proceedings under paragraph (1)(a) must do so before the end of –

(a)     the period of one year beginning with the date on which the act complained of took place; or

(b)     such longer period as the court considers equitable having regard to all the circumstances,

unless Rules of Court made by the Royal Court impose a stricter time limit in relation to the procedure in question.

(4)     In paragraph (1)(b) “legal proceedings” includes –

(a)     proceedings brought by or at the instigation of a public authority; and

(b)     an appeal against the decision of a court or tribunal.

(5)     For the purposes of this Article, a person is a victim of an unlawful act only if he or she would be a victim for the purposes of Article 34 of the Convention if proceedings were brought in the European Court of Human Rights in respect of that act.

(6)     Nothing in this Law creates a criminal offence.

(7)     In making Rules regard must be had to Article 10.

(8)     The Minister having the power to make Orders in relation to a particular tribunal may, to the extent that he or she considers it necessary to ensure that the tribunal can provide an appropriate remedy in relation to an act (or a proposed act) of a public authority which is (or would be) unlawful as a result of Article 7(1), or an act of the States Assembly which is unlawful as a result of paragraph (4) of that Article, by Order add to –

(a)     the relief or remedies which the tribunal may grant; or

(b)     the grounds on which it may grant any of them.

9        Judicial remedies

(1)     In relation to –

(a)     any act or proposed act of a public authority which the court finds is, or would be, unlawful; or

(b)     any act of the States Assembly which the court finds is unlawful,

the court may grant such relief or remedy, or make such order, within its powers as it considers just and appropriate.

(2)     Damages may be awarded under this Article only by a court which has power to award damages, or to order the payment of compensation, in civil proceedings.

(3)     A court shall not award damages under this Article unless, taking account of all the circumstances of the case, including –

(a)     any other relief or remedy granted, or order made, in relation to the act in question (by that or any other court); and

(b)     the consequences of any decision (of that or any other court) in respect of that act,

it is satisfied that the award is necessary to afford just satisfaction to the person in whose favour it is made.

(4)     In determining whether to award damages or the amount of an award the court shall take into account the principles applied by the European Court of Human Rights in relation to the award of compensation under Article 41 of the Convention.

(5)     Where damages are awarded under this Article against a public authority or, in respect of the States Assembly, the States, that authority or the States, as the case may be, shall be treated for the purposes of Article 3 of the Law Reform (Miscellaneous Provisions) (Jersey) Law 1960[3] as liable in respect of damage suffered by the person to whom the award is made.

(6)     In this Article –

“court” includes a tribunal;

“damages” means damages for an unlawful act of a public authority or the States Assembly; and

“unlawful” means unlawful under Article 7(1) or (4).

10      Judicial acts

(1)     Proceedings under Article 8(1)(a) in respect of a judicial act may be brought only –

(a)     by exercising a right of appeal;

(b)     on an application for judicial review; or

(c)     in such other forum as may be prescribed by Rules of Court made by the Royal Court.

(2)     Nothing in paragraph (1) affects any rule of law which prevents a court from being the subject of judicial review.

(3)     In proceedings under this Law in respect of a judicial act, damages may not be awarded otherwise than to compensate a person to the extent required by Article 5(5) of the Convention.

(4)     An award of damages permitted by paragraph (3) –

(a)     shall be made against the States; and

(b)     shall not be made unless the Attorney General is joined as a party to the proceedings.

(5)     In this Article –

“court” includes a tribunal;

“judge” includes a member of a tribunal, a Jurat and an officer entitled to exercise the jurisdiction of a court;

“judicial act” means a judicial act of a court and includes an act done on the instructions, or on behalf of, a judge.

11      Safeguard for existing human rights

A person’s reliance on a Convention right does not restrict –

(a)     any other right or freedom conferred on the person by or under any law having effect in Jersey; or

(b)     the person’s right to make any claim or bring any proceedings which he or she could make or bring apart from Articles 8 to 10.

12      Freedom of expression

(1)     This Article applies if a court is considering whether to grant any relief which, if granted, might affect the exercise of the Convention right to freedom of expression.

(2)     If the person against whom the application for relief is made (the “respondent”) is neither present nor represented, no such relief is to be granted unless the court is satisfied –

(a)     that the applicant has taken all practicable steps to notify the respondent; or

(b)     that there are compelling reasons why the respondent should not be notified.

(3)     No such relief is to be granted so as to restrain publication before trial unless the court is satisfied that the applicant is likely to establish that publication should not be allowed.

(4)     The court shall have particular regard to the importance of the Convention right to freedom of expression and, where the proceedings relate to material which the respondent claims, or which appears to the court, to be journalistic, literary or artistic material (or to conduct connected with such material), to –

(a)     the extent to which –

(i)      the material has, or is about to, become available to the public; or

(ii)      it is, or would be, in the public interest for the material to be published; and

(b)     any relevant privacy code.

(5)     In this Article –

“court” includes a tribunal; and

“relief” includes any remedy or order (other than in criminal proceedings).

13      Freedom of thought, conscience and religion

If a court or tribunal’s determination of any question arising under this Law might affect the exercise by a religious organisation (itself or its members collectively) of the Convention right to freedom of thought, conscience and religion, it shall have particular regard to the importance of that right.

14      Derogations

(1)     If a designated derogation is amended or replaced it ceases to be a designated derogation.

(2)     Nothing in paragraph (1) shall prevent the Minister from making a further Designation Order in respect of the Article of, or protocol to, the Convention concerned.

(3)     The Minister shall, by Order, make such amendments to Schedule 2 as he or she thinks appropriate to reflect –

(a)     any Designation Order; or

(b)     the effect of paragraph (1).

(4)     A Designation Order may be made in anticipation of the making by the United Kingdom of a proposed derogation from any Article of or protocol to the Convention on Jersey’s behalf.

15      Reservations

(1)     If a designated reservation is withdrawn wholly or partly it ceases to be a designated reservation.

(2)     Nothing in paragraph (1) shall prevent the Minister from making a further Designation Order in respect of the Article of, or protocol to, the Convention concerned.

(3)     The Minister shall, by Order, make such amendments to this Law as he or she thinks appropriate to reflect –

(a)     any Designation Order; or

(b)     the effect of paragraph (1).

16      Statements of compatibility

(1)     A Minister who lodges au Greffe a projet de loi must, before the second reading of the projet –

(a)     make a statement to the effect that in the Minister’s view the provisions of the projet are compatible with the Convention rights (a “statement of compatibility”); or

(b)     make a statement to the effect that although the Minister is unable to make a statement of compatibility, he or she nevertheless wishes the States to proceed with the projet.

(2)     The statement referred to in paragraph (1) must be in writing and be published in such manner as the Minister making it considers appropriate.

17      Rules and Orders

(1)     The Minister may by Order make provision for carrying this Law into effect and, in particular but without prejudice to the generality of the foregoing, for prescribing any matter which may be prescribed by Order under this Law.

(2)     Any power conferred by this Law to make Rules or Orders may be exercised –

(a)     either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and

(b)     so as to make in relation to the cases in relation to which it is exercised –

(i)      the full provision to which the power extends or any less provision (whether by way of exception or otherwise);

(ii)      the same provision for all cases in relation to which the power is exercised or different provisions for different cases or classes of case, or different provisions as respects the same case or class of case for different purposes of this Law; or

(iii)     any other provision either unconditionally or subject to any specified conditions.

(3)     Any Rules or Order made under this Law may contain such transitional, consequential, incidental or supplementary provisions as appear to the court or the Minister making the Order, as the case may be, to be necessary or expedient for the purposes of the Rules or Order.

(4)     The power to make Rules of Court under –

(a)     Article 13 of the Royal Court (Jersey) Law 1948[4]; or

(b)     Article 19 of the Court of Appeal (Jersey) Law 1961[5],

shall include a power to make Rules for the purposes of this Law.

(5)     The Subordinate Legislation (Jersey) Law 1960[6] shall apply to Orders made under this Law.

18      Citation and application

(1)     This Law may be cited as the Human Rights (Jersey) Law 2000.

(2)     Sub-paragraph (b) of paragraph (1) of Article 8 applies to proceedings brought by or at the instigation of a public authority after the commencement of that Article whenever the act in question took place; but otherwise that paragraph does not apply to an act taking place before the commencement of that Article.

(3)     This Law binds the Crown.

 


SCHEDULE 1

(Article 2(1))

CONVENTION RIGHTS

PART 1

THE CONVENTION

Article 2

Right to life

1.       Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.

2.       Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is not more than absolutely necessary –

(a)     in defence of any person from unlawful violence;

(b)     in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

(c)     in action lawfully taken for the purpose of quelling a riot or insurrection.

Article 3

Prohibition of torture

No one shall be subjected to torture or inhuman or degrading treatment or punishment.

Article 4

Prohibition of slavery and forced labour

1.       No one shall be held in slavery or servitude.

2.       No one shall be required to perform forced or compulsory labour.

3.       For the purpose of this Article the term “forced or compulsory labour” shall not include –

(a)     any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention;

(b)     any service of military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service;

(c)     any service exacted in case of an emergency or calamity threatening the life or well-being of the community;

(d)     any work or service which forms part of normal civic obligations.

Article 5

Right to liberty and security

1.       Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law –

(a)     the lawful detention of a person after conviction by a competent court;

(b)     the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;

(c)     the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;

(d)     the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;

(e)     the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;

(f)      the lawful arrest or detention of a person to prevent his effecting an unauthorized entry into the country or of a person against whom action is being taken with a view to deportation or extradition.

2.       Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.

3.       Everyone arrested or detained in accordance with the provisions of paragraph 1(c) of this Article shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.

4.       Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.

5.       Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation.

Article 6

Right to a fair trial

1.       In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

2.       Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.

3.       Everyone charged with a criminal offence has the following minimum rights –

(a)     to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;

(b)     to have adequate time and facilities for the preparation of his defence;

(c)     to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;

(d)     to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(e)     to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

Article 7

No punishment without law

1.       No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.

2.       This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilized nations.

Article 8

Right to respect for private and family life

1.       Everyone has the right to respect for his private and family life, his home and his correspondence.

2.       There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Article 9

Freedom of thought, conscience and religion

1.       Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.

2.       Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

Article 10

Freedom of expression

1.       Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

2.       The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

Article 11

Freedom of assembly and association

1.       Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.

2.       No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.

Article 12

Right to marry

Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.

Article 14

Prohibition of discrimination

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.

Article 16

Restrictions on political activity of aliens

Nothing in Articles 10, 11 and 14 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the political activity of aliens.

Article 17

Prohibition of abuse of rights

Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention.

Article 18

Limitation on use of restrictions on rights

The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed.

PART 2

THE FIRST PROTOCOL

Article 1

Protection of property

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.

Article 2

Right to education

No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.

Article 3

Right to free elections

The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.

PART 3

THE SIXTH PROTOCOL

Article 1

Abolition of the death penalty

The death penalty shall be abolished. No one shall be condemned to such penalty or executed.

Article 2

Death penalty in time of war

A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war; such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions. The State shall communicate to the Secretary General of the Council of Europe the relevant provisions of that law.

PART 4[7]

THE THIRTEENTH PROTOCOL

Article 1

Abolition of the death penalty

The death penalty shall be abolished. No one shall be condemned to such penalty or executed.


SCHEDULE 2

(Articles 1(1) and 14)

DEROGATION

The United Kingdom Permanent Representative to the Council of Europe, on the instructions of his authorities, has the honour to convey to the Secretary General of the Council the following information.

In communications from this Delegation to the then Secretary General of 23 December 1988, reference was made to the introduction and exercise of certain powers under Section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1984, Article 9 of the Prevention of Terrorism (Supplemental Temporary Provisions) Order 1984 and to the replacement of those provisions by Section 14 and paragraph 6 of Schedule 5 to the Prevention of Terrorism (Temporary Provisions) Act 1989.

These powers were previously extended by Order in Council to cover the Channel Islands and the Isle of Man. Following the adoption by the authorities in Jersey, Guernsey and the Isle of Man of legislation making comparable provision, the relevant Orders in Council have been repealed. A copy of the new legislation for the Isle of Man, Guernsey and Jersey is enclosed. In respect of the Isle of Man the relevant provisions are section 12 of and paragraph 6 of Schedule 5 to the Prevention of Terrorism Act 1990 which entered into force on 1st December 1990. In respect of Guernsey the relevant provisions are section 12 of and paragraph 6 of Schedule 5 to the Prevention of Terrorism (Bailiwick of Guernsey) Law 1990 which entered into force on 1 January 1991. In respect of Jersey the relevant provisions are Article 13 of and paragraph 6 of Schedule 5 to the Prevention of Terrorism (Jersey) Law 1996 which entered into force on 1st July 1996.

The United Kingdom Permanent Representative avails himself of this opportunity to renew to the Secretary General the assurance of his highest consideration.

12 November 1998.

 

 


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

Human Rights (Jersey) Law 2000

L.19/2000

10 December 2006 (R&O.130/2006)

States of Jersey (Amendments and Construction Provisions No. 7) (Jersey) Regulations 2005

R&O.42/2005

9 December 2005

Human Rights (Amendment) (Jersey) Order 2006

R&O.115/2006

10 December 2006

Table of Renumbered Provisions

Original

Current

1(3) and (4)

otiose, omitted

18(2)

spent, omitted

18(3)

18(2)

18(4)

18(3)

Table of Endnote References



[1]                                    This Law has been amended by the States of Jersey (Amendments and Construction Provisions No. 7) (Jersey) Regulations 2005. The amendments replace all references to a Committee of the States of Jersey with a reference to a Minister of the States of Jersey, and remove and add defined terms appropriately, consequentially upon the move from a committee system of government to a ministerial system of government

[2] Article 1(1)              amended by R&O.115/2006

[3]                                    chapter 04.560

[4]                                    chapter 07.770

[5]                                    chapter 07.245

[6]                                    chapter 15.720

[7] Schedule 1               Part 4 added by R&O.115/2006


Page Last Updated: 03 Apr 2018