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 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 or by the Criminal Procedure Rules Committee;
(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.[3]
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 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; or
(b) Article 19
of the Court of Appeal (Jersey) Law
1961,
shall include a power to make Rules for the purposes of this Law.
(5) [4]
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[5]
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.