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.