HUMAN
RIGHTS (JERSEY) LAW 2000
____________
A LAW to give further effect
to rights and freedoms guaranteed under the European Convention on Human Rights
and for connected purposes; sanctioned by Order of Her Majesty in Council of
the
17th
day of MAY 2000
____________
(Registered
on the 16th day of June 2000)
____________
STATES
OF JERSEY
____________
The 8th day of February 2000
____________
THE STATES, subject to the sanction of Her
Most Excellent Majesty in Council, have adopted the following Law -
ARTICLE 1
Interpretation
(1) In this Law -
“amend”
includes repeal and apply (with or without modifications);
“Commission”
means the European Commission of Human Rights;
“Committee”
means the Policy and Resources Committee;
“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; and
(c) Articles 1 and 2 of the
Sixth Protocol,
as
read with Articles 16 to 18 of the Convention;
“declaration
of incompatibility” means a declaration of incompatibility made under
Article 5 of this Law;
“designated
derogation” means -
(a) the United Kingdom’s
derogation from Article 5(3) of the Convention on the Island’s
behalf (which is set out in Schedule 2 to this Law); and
(b) any derogation by the United Kingdom
from an Article of the Convention, or of any protocol to the Convention, on the
Island’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 the Island’s behalf and contained in a Designation
Order;
“Designation
Order” means an Order of the Committee which designates any derogation
from, or reservation to, an Article of, or a protocol to, the Convention by the
United Kingdom on the Island’s behalf for the purposes of this Law;
“principal
legislation” means any -
(a) Law;
(b) Act of Parliament
applying directly to the Island;
(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 the Island 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 the Island,
and
includes any Regulations, an Order or other instrument made under principal
legislation (whether in the Island 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;
“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) In Article 3(1) of this
Law -
(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).
(3) A reference in an
Article or other division of this Law to a paragraph by number only, and
without further identification, is a reference to the paragraph of that number
in the Article or other division of this Law.
(4) Unless the context
otherwise requires, a reference in this Law to an enactment is a reference to
that enactment as amended from time to time and includes a reference to that
enactment as extended or applied under another enactment, including another
provision of this Law.
ARTICLE 2
The
Convention
(1) The Articles of the
Convention which comprise the Convention rights (and which are set out in
Schedule 1 to this Law) shall have effect for the purposes of this Law subject
to any designated derogation or reservation.
(2) The Committee may by
Order make such amendments to this Law as it thinks appropriate to reflect the
effect, in relation to the Island, of a protocol
to the Convention which the United
Kingdom has ratified, or signed with a view
to ratification, on the Island’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 the Island.
ARTICLE
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 Committee having the power to
make Orders in relation to that tribunal.
ARTICLE 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.
ARTICLE 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.
ARTICLE 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 him)
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.
ARTICLE
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.
ARTICLE 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) of this Law; 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 he 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 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 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 of this Law.
(8) The Committee having
the power to make Orders in relation to a particular tribunal may, to the
extent that it 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) of this
Law, 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.
ARTICLE 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 5 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) of this Law.
ARTICLE 10
Judicial
acts
(1) Proceedings under
Article 8(1)(a) of this Law 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.
ARTICLE
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 him by or under any law having effect in the Island; or
(b) his right to make any
claim or bring any proceedings which he could make or bring apart from Articles
8 to 10 of this Law.
ARTICLE 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).
ARTICLE 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.
ARTICLE
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 Committee from making a further Designation Order in
respect of the Article of, or protocol to, the Convention concerned.
(3) The Committee shall, by
Order, make such amendments to Schedule 2 to this Law as it 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 the Island’s behalf.
ARTICLE 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 Committee from making a further Designation Order in
respect of the Article of, or protocol to, the Convention concerned.
(3) The Committee shall, by
Order, make such amendments to this Law as it thinks appropriate to reflect -
(a) any Designation Order;
or
(b) the effect of
paragraph (1).
ARTICLE 16
Statements
of compatibility
(1) A Committee which
lodges au Greffe a projet de loi must, before the second
reading of the projet -
(a) make a statement to the
effect that in its 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 it is unable to make a statement of compatibility, it
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
Committee making it considers appropriate.
ARTICLE 17
Rules
and Orders
(1) The Committee 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 Committee 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 11 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) The Subordinate
Legislation (Jersey) Law 1960
shall apply to
Orders made under this Law.
ARTICLE 18
Citation,
commencement and application
(1) This Law may be cited
as the Human Rights (Jersey) Law 2000.
(2) This Law shall come
into force on such day as the States may by Act appoint and different days may
be appointed for different provisions and different purposes of this Law.
(3) Sub-paragraph (b) of
paragraph (1) of Article 8 of this Law 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.
(4) This Law binds the
Crown.
C.M.
NEWCOMBE
Deputy Greffier of the States.
SCHEDULE
1
(Article 2(1))
CONVENTION RIGHTS
PART
I
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 fulfillment 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 II
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
III
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.
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.