| TURKS AND CAICOS ISLANDS Turks and Caicos Islands Turks and Caicos Islands (Overseas territory of the United Kingdom) Joined United Nations: 24 October 1945 Human Rights as assured by their constitution Updated 07/19/10 |
PART I
FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
Fundamental rights and freedoms of the individual
1. Whereas every person in the Islands is entitled to the fundamental rights and freedoms of the individual, that is to say, the right,
without distinction of any kind, such as race, national or social origin, political or other opinion, colour, religion, language, creed,
association with a national minority, property, sex, birth or other status, but subject to respect for the rights and freedoms of others
and for the public interest, to each and all of the following, namely—
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for his or her private and family life, the privacy of his or her home and other property and from deprivation of property
save in the public interest and on payment of fair compensation,
the subsequent provisions of this Part shall have effect for the purpose of affording protection to the aforesaid rights and freedoms,
and related rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations
designed to ensure that the enjoyment of the said protected rights and freedoms by any individual does not prejudice the rights and
freedoms of others or the public interest.
Protection of right to life
2. —(1) Every person's right to life shall be protected by law. No person shall be deprived intentionally of his or her life.
(2) A person shall not be regarded as having been deprived of his or her life in contravention of this section if he or she dies as the
result of the use, to such extent and in such circumstances as are permitted by law, of such force as is no more than absolutely
necessary—
(a) for the defence of any person from violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; or
(c) in action lawfully taken for the purpose of suppressing a riot, insurrection or mutiny,
or if he or she dies as a result of a lawful act of war.
Protection from inhuman treatment
3. No person shall be subjected to torture or to inhuman or degrading treatment or punishment.
Protection from slavery and forced labour
4. —(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced or compulsory labour.
(3) For the purposes of this section, "forced or compulsory labour" does not include—
(a) any labour required in consequence of the sentence or order of a court;
(b) any labour required of a member of a disciplined force in pursuance of his or her duties as such or, in the case of a person who
has conscientious objections to service in a naval, military or air force, any labour that that person is required by law to perform in
place of such service;
(c) labour required of any person while he or she is lawfully detained that, though not required in consequence of the sentence or
order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place in which he or she is detained;
or
(d) any labour required during a period of public emergency or in the event of any other emergency or calamity that threatens the life
or well-being of the community, to the extent that the requiring of such labour is reasonably justifiable, in the circumstances of any
situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that
situation.
Protection from arbitrary arrest or detention
5. —(1) Every person has the right to liberty and security of person. No person shall be deprived of his or her personal liberty save in
accordance with a procedure prescribed by law in any of the following cases—
(a) in execution of the sentence or order of a court, whether established for the Islands or some other country, in respect of a criminal
offence of which he or she has been convicted or in consequence of his or her unfitness to plead to a criminal charge;
(b) in execution of the order of a court punishing him or her for contempt of that court or of another court;
(c) in execution of the lawful order of a court made in order to secure the fulfilment of any obligation imposed upon him or her by law;
(d) for the purpose of bringing him or her before a court in execution of the lawful order of a court;
(e) upon reasonable suspicion that he or she has committed, is committing or is about to commit a criminal offence;
(f) in the case of a minor, under the order of a court or with the consent of his or her parent or guardian, for the purpose of his or her
education or welfare;
(g) for the purpose of preventing the spread of an infectious or contagious disease or in the case of a person who is, or is reasonably
suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his or her care or treatment or the
protection of the community;
(h) for the purpose of preventing the unlawful entry of that person into the Islands or for the purpose of effecting the expulsion,
extradition or other lawful removal from the Islands of that person or the taking of proceedings relating thereto.
(2) Any person who is arrested or detained shall be informed promptly, in a language that he or she understands, of the reasons for his
or her arrest or detention and of any charge against him or her.
(3) Any person who is arrested or detained shall have the right, at any stage and at his or her own expense, to retain and instruct
without delay a legal representative of his or her own choice, and to hold private communication with that representative, and in the
case of a minor he or she shall also be afforded a reasonable opportunity for communication with his or her parent or guardian; but
when the person arrested or detained is unable to retain a legal representative of his or her own choice or be represented by a legal
representative at the public expense, he or she may be represented, and hold private communication with, such person as a court may
approve.
(4) Every person who is arrested shall be informed, as soon as he or she is brought to a police station or other place of custody, of his
or her rights under subsection (3); and he or she shall also have the right, and shall be informed at the same time that he or she has the
right, to remain silent and to have one person informed by the quickest practicable means of his or her arrest and his or her
whereabouts.
(5) Any person who is arrested or detained in such a case as is mentioned in subsection (1)(d) or (e) and who is not released shall be
brought promptly before a judge or other officer authorised to exercise judicial power; and if any person arrested or detained in such a
case as is mentioned in subsection (1)(e) is not tried within a reasonable time he or she shall (without prejudice to any further
proceedings that may be brought against him or her) be released either unconditionally or upon reasonable conditions, including in
particular such conditions as are reasonably necessary to ensure that he or she appears at a later date for trial or for proceedings
preliminary to trial.
(6) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation in respect of it from that
other person.
Provisions to secure protection of law
6. —(1) If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair
hearing within a reasonable time by an independent and impartial court established by law.
(2) Every person who is charged with a criminal offence—
(a) shall be presumed to be innocent until he or she is proved guilty according to law;
(b) shall be informed promptly, in a language that he or she understands and in detail, of the nature and cause of the accusation against
him or her;
(c) shall be given adequate time and facilities for the preparation of his or her defence;
(d) shall be permitted to defend himself or herself before the court in person or, at his or her own expense, by a legal representative of
his or her own choice or, when the interests of justice so require, by a legal representative at the public expense;
(e) shall be afforded facilities to examine in person or by his or her legal representative the witnesses called by the prosecution before
the court, and to obtain the attendance and carry out the examination of witnesses to testify on his or her behalf before the court on
the same conditions as those applying to witnesses called by the prosecution;
(f) shall be permitted to have without payment the assistance of an interpreter if he or she cannot understand or speak the language
used at the trial of the charge; and
(g) shall, when charged on information in the Supreme Court, have the right to trial by jury;
and, except with his or her own consent, the trial shall not take place in his or her absence, unless he or she so conducts himself or
herself in the court as to render the continuance of the proceedings in his or her presence impracticable and the court has ordered him
or her to be removed and the trial to proceed in his or her absence, or unless, having had reasonable notice of the hearing and of the
nature of the offence charged, he or she is voluntarily absent from the proceedings.
(3) When a person is tried for any criminal offence, the accused person or any person authorised by him or her shall, if he or she so
requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment
a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
(4) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place,
constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the
maximum penalty that might have been imposed for that offence at the time when it was committed.
(5) No person who shows that he or she has been tried by a competent court for a criminal offence and either convicted or acquitted
shall again be tried for that offence or for any other criminal offence of which he or she could have been convicted at the trial for that
offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.
(6) No person shall be tried for a criminal offence if he or she shows that he or she has been pardoned for that offence under section
95.
(7) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
(8) Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or
obligation shall be established by law and shall be independent and impartial; and where proceedings for such determination are
instituted by any person before such a court or other adjudicating authority, the case shall be determined fairly within a reasonable time.
(9) All proceedings instituted in any court for the determination of the existence or extent of any civil right or obligation or to try any
criminal charge, including the announcement of the decision of the court, shall be held in public.
(10) Nothing in subsection (9) shall prevent the court from excluding from the proceedings persons other than the parties and their
legal representatives to such extent as the court—
(a) may be empowered by law to do so and may consider strictly necessary or expedient in circumstances where publicity would
prejudice the interests of justice, or in interlocutory proceedings or in the interests of the welfare of minors or the private lives of
persons concerned in the proceedings; or
(b) may be empowered or required by law to do so in the interests of defence, public safety, public order, or public morality.
(11) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of—
(a) subsection (2)(a) to the extent that the law in question imposes upon any person charged with a criminal offence the burden of
proving particular facts;
(b) subsection (2)(e) to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on
behalf of an accused person are to be paid their expenses out of public funds;
(c) subsection (5) to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence
notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force; but any court so trying
such a member and convicting him or her shall in sentencing him or her to any punishment take into account any punishment awarded
him or her under that disciplinary law.
(12)
(a) Every person convicted of a criminal offence by a court shall have the right to have his or her conviction or sentence reviewed by
a higher court; and the exercise of this right, including the grounds on which it may be exercised, shall be governed by law.
(b) This right may be subject to exceptions in regard to offences of a minor character, as prescribed by law, or in cases in which the
person concerned was tried in the first instance by the highest court or was convicted following an appeal against acquittal.
(13) When a person has by a final decision been convicted of a criminal offence and when subsequently his or her conviction has been
reversed, or he or she has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a
miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law,
unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him or her.
(14) In this section, "legal representative" means a person entitled to practise in the Islands as an attorney.
Protection of right of prisoners to humane treatment
7. —(1) All persons deprived of their liberty (in this section referred to as "prisoners") have the right to be treated with humanity and
with respect for the inherent dignity of the human person.
(2) Save where the interests of defence, public safety, public order, public morality, public health or the administration of justice
otherwise require, unconvicted prisoners shall be segregated from convicted prisoners; and every unconvicted prisoner shall be entitled
to be treated in a manner appropriate to his or her status as such.
(3) Juvenile prisoners shall be segregated from adult prisoners and every juvenile prisoner shall be treated in a manner appropriate to
his or her age and legal status and, if he or she is an unconvicted prisoner and unless he or she is earlier released, to have any criminal
proceedings against him or her pursued with the greatest possible expedition.
Protection for private and family life and for privacy of home and other property
8. —(1) Every person has the right to respect for his or her private and family life, his or her home and his or her correspondence,
and except with his or her own consent, no person shall be subjected to the search of his or her person or his or her property or the
entry by others on his or her premises.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section
to the extent that the law in question makes provision—
(a) that is reasonably required—
(i) in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development
of mineral resources, or the development or utilisation of any other property in such a manner as to promote the public benefit;
(ii) for the purpose of protecting the rights and freedoms of other persons; or
(iii) for the prevention or detection of offences against the criminal law or the customs law;
(b) to enable an officer or agent of the Government, a local government authority or a body corporate established by law for a public
purpose to enter on the premises of any person in order to inspect those premises or anything on them for the purpose of any tax, rate
or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the
Government or that authority or body corporate, as the case may be; or
(c) to authorise, for the purpose of enforcing the judgment or order of a court, the search of any person or property by order of a
court or the entry upon any premises by such order,
except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a
democratic society.
Protection of right to marry, etc
9. —(1) Every man and woman of marriageable age (as determined by or under any law) has the right to marry and found a family.
(2) No person shall be compelled to marry, that is to say, to do so without his or her free and full consent.
(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection
(1) to the extent that the law in question makes provision that is reasonably required—
(a) in the interests of public order, public morality or public health;
(b) for regulating, in the public interest, the procedures and modalities of marriage; or
(c) for protecting the rights and freedoms of others,
except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a
democratic society.
(4) Spouses shall be entitled to equal rights and shall be subject to equal responsibilities as between themselves and as regards their
children both during marriage and, if the marriage is dissolved, on and after dissolution, but this equality of rights and responsibilities
shall be subject to such arrangements or measures as may be agreed, or as may be ordered by a court, in the interests of their children.
Protection of freedom of conscience
10. —(1) Except with his or her consent, no person shall be hindered in the enjoyment of his or her freedom of conscience, and for
the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his or her religion or
belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his or her
religion or belief in worship, teaching, practice and observance.
(2) Except with his or her consent (or, if he or she is a minor, the consent of his or her guardian) no person attending any place of
education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance.
(3) No religious community or denomination shall be prevented from or hindered in providing religious instruction for persons of that
community or denomination in the course of any education provided by that community or denomination whether or not that
community or denomination is in receipt of any government subsidy, grant or other form of financial assistance designed to meet, in
whole or in part, the cost of such education.
(4) No person shall be compelled to take any oath which is contrary to his or her religion or belief or to take any oath in a manner
which is contrary to his or her religion or belief.
(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section
to the extent that the law in question makes provision which is reasonably required—
(a) in the interests of defence, public safety, public order, public morality or public health; or
(b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion or
belief without the unsolicited interference of persons professing any other religion or belief,
except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a
democratic society.
(6) Every person who is a parent or legal guardian has the right to respect for his or her liberty to ensure the religious and moral
education of his or her children in conformity with his or her own convictions.
(7) References in this section to a religion shall be construed as including references to a religious denomination, and cognate
expressions shall be construed accordingly.
Protection of the right to education
11. —(1) This section is without prejudice to section 10.
(2) Every child of the appropriate age, as provided by law, shall be entitled to receive primary education which shall, subject to
subsection (3), be free.
(3) Every person who is the parent or legal guardian of a child shall be entitled to have his or her child (of whatever age) educated, at
his or her own expense unless a law otherwise provides, in a private school (that is to say, a school other than one established by a
public authority) and, in such a school, to ensure the religious and moral education of his or her child in accordance with his or her
own convictions.
(4) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection
(3) to the extent that the law in question makes provision requiring private schools, as a condition of their being allowed to operate and
on terms no more onerous than are applicable to schools established by a public authority, to satisfy—
(a) such minimum educational standards (including standards relating to the qualifications of teaching staff and other staff) as may be
prescribed by or under that or any other law; and
(b) such minimum standards imposed in the interests of public order, public morality or public health as may be so prescribed,
except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a
democratic society.
Protection of freedom of expression
12. —(1) Except with his or her consent, no person shall be hindered in the enjoyment of his or her freedom of expression, and for
the purposes of this section the said freedom includes freedom to hold opinions without interference, freedom to receive and impart
(to the public generally or to any person or class of persons) ideas and information without interference, and freedom from
interference with his or her correspondence or other means of communication.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section
to the extent that the law in question makes provision—
(a) that is reasonably required—
(i) in the interests of defence, public safety, public order, public morality or public health; or
(ii) for the purpose of protecting the rights, reputations and freedoms of other persons or the private lives of persons concerned in
legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the
courts, regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication or regulating public
exhibitions or public entertainments; or
(b) that imposes restrictions upon public officers or teachers that are reasonably required for the purpose of ensuring the proper
performance of their functions,
except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a
democratic society.
(3) For the purposes of subsection (2)(b) in so far as it relates to public officers, "law" in that subsection includes directions in writing
regarding the conduct of public officers generally or any class of public officer issued by the Government.
Protection of freedom of assembly and association
13. —(1) Except with his or her consent, no person shall be hindered in the enjoyment of his or her freedom of peaceful assembly and
association, that is to say, his or her right to assemble freely and associate with other persons and in particular to form or belong to
political parties or to form or belong to trade unions or other associations for the promotion and protection of his or her interests.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section
to the extent that the law in question makes provision—
(a) that is reasonably required—
(i) in the interests of defence, public safety, public order, public morality or public health;
(ii) for the purpose of protecting the rights and freedoms of other persons; or
(b) that imposes restrictions upon public officers that are reasonably required for the purpose of ensuring the proper performance of
their functions,
except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a
democratic society.
(3) For the purposes of subsection (2)(b), "law" in that subsection includes directions in writing regarding the conduct of public
officers generally or any class of public officer issued by the Government.
Protection of freedom of movement
14. —(1) Except with his or her consent, no person shall be hindered in the enjoyment of his or her freedom of movement, that is to
say, the right to move freely throughout the Islands, the right to reside in any part of the Islands, the right to enter or leave the Islands
and immunity from expulsion from the Islands.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section
to the extent that the law in question makes provision—
(a) for the imposition of restrictions on the movement or residence within the Islands or on the right to leave the Islands of persons
generally or any class of persons that are reasonably required—
(i) in the interests of defence, public safety, public order, public morality or public health; or
(ii) for the purpose of protecting the rights and freedoms of other persons,
except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a
democratic society;
(b) for the removal of a person from the Islands to be tried or punished in some other country for a criminal offence under the law of
that country or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence
under the law of the Islands of which he or she has been convicted;
(c) for the imposition of restrictions on the movement or residence within the Islands or the right to leave the Islands of public officers
that are reasonably required for the purpose of ensuring the proper performance of their functions;
(d) for the imposition of restrictions on persons who are not Belongers; but—
(i) no restriction may be imposed by virtue only of this paragraph on the right of any such person, so long as he or she is lawfully
present in the Islands, to move freely throughout the Islands and to reside anywhere in the Islands;
(ii) no restriction may be imposed by virtue only of this paragraph on the right of any such person to leave the Islands; and
(iii) no such person shall be liable, by virtue only of this paragraph, to be expelled from the Islands unless the requirements specified
in subsection (5) are satisfied;
(e) for the imposition of restrictions on the acquisition or use by any person of land or other property in the Islands;
(f) for the imposition of restrictions, by order of a court, on the movement or residence within the Islands of any person or on any
person's right to leave the Islands either in consequence of his or her having been found guilty of a criminal offence under the law of
the Islands or for the purpose of ensuring a fair trial or that he or she appears before a court at a later date for trial of such a criminal
offence or for proceedings preliminary to trial or for proceedings relating to his or her extradition or lawful removal from the Islands;
or
(g) for the imposition of restrictions on the right of any person to leave the Islands that are reasonably required in order to secure the
fulfilment of any obligation imposed by law, except so far as the provision or, as the case may be, the thing done under its authority is
shown not to be reasonably justifiable in a democratic society.
(3) For the purposes of subsection (2)(c), "law" in that subsection includes directions in writing regarding the conduct of public
officers generally or any class of public officer issued by the Government.
(4) Any restriction on a person's freedom of movement which is involved in his or her lawful detention shall not be held to be
inconsistent with or in contravention of this section.
(5) The requirements to be satisfied for the purposes of subsection (2)(d) (that is to say, before a person who is not a Belonger may
be expelled from the Islands) are as follows—
(a) the decision to expel him or her is taken by an authority, in a manner and on grounds prescribed by law;
(b) he or she has the right, save where the interests of defence, public safety or public order otherwise require, to submit reasons
against his or her expulsion to a competent authority prescribed by law;
(c) he or she has the right, save as aforesaid, to have his or her case reviewed by a competent authority prescribed by law; and
(d) he or she has the right, save as aforesaid, to be represented for the purposes of paragraphs (b) and (c) before the competent
authority or some other person or authority designated in that behalf by the competent authority.
Protection from discrimination
15. —(1) Subject to subsections (4), (5) and (8), no law shall make any provision which is discriminatory either of itself or in its
effect.
(2) Subject to subsections (6), (8) and (9), no person shall be treated in a discriminatory manner by any person acting by virtue of any
law or in the performance of the functions of any public office or any public authority.
(3) In this section, "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their
respective descriptions such as by race, national or social origin, political or other opinion, colour, religion, language, creed,
association with a national minority, property, sex, birth or other status whereby persons of one such description are subjected to
disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages
which are not accorded to persons of another such description.
(4) Subsection (1) shall not apply to any law so far as that law makes provision—
(a) for the appropriation of revenues or other funds of the Islands or for the imposition of taxation (including the levying of fees for
the grant of licences);
(b) with respect to the entry into or exclusion from, or the employment, engaging in any business or profession, movement or
residence within, the Islands of persons who are not Belongers;
(c) for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with
such persons) of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that
is the personal law applicable to persons of that description; or
(d) whereby persons of any such description as is mentioned in subsection (3) may be subjected to any disability or restriction or may
be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or
to persons of any other such description, is reasonably justifiable in a democratic society.
(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) to the extent that it requires
a person to be a Belonger or to possess any other qualification (not being a qualification specifically relating to any such description as
is mentioned in subsection (3)) in order to be eligible for appointment to any office in the public service or in a disciplined force or any
office in the service of a local government authority or of a body corporate established directly by any law for public purposes.
(6) Subsection (2) shall not apply to anything which is expressly or by necessary implication authorised to be done by any such
provision of law as is referred to in subsection (4) or (5).
(7) Subject to subsection (8), no person shall be treated in a discriminatory manner in respect of access to any of the following places
to which the general public have access, namely, shops, hotels, restaurants, eating-houses, licensed premises, places of entertainment
or places of resort.
(8) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section
to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) may
be subjected to any restrictions on the rights and freedoms guaranteed by sections 8, 9, 10, 11, 12, 13 and 14, being such a restriction
as is authorised by section 8(2)(a), 9(3), 10(5), 11(4), 12(2), 13(2) or 14(2)(a), as the case may be.
(9) Nothing in subsection (2) shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal
proceedings in any court that is vested in any person by or under this Constitution or any other law.
Protection from deprivation of property
16. —(1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any
description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say—
(a) the taking of possession or acquisition is necessary or expedient in the interests of defence, public safety, public order, public
morality, public health, town and country planning or the development or utilisation of any property in such a manner as to promote
the public benefit or the economic well-being of the community; and
(b) there is reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the
property; and
(c) provision is made by a law applicable to that taking of possession or acquisition—
(i) for the prompt payment of adequate compensation; and
(ii) securing to any person having an interest in or right over the property a right of access to the Supreme Court, whether direct or
on appeal from any other authority, for the determination of his or her interest or right, the legality of the taking of possession or
acquisition of the property, interest or right, and the amount of any compensation to which he or she is entitled, and for the purpose of
obtaining prompt payment of that compensation; and
(iii) giving to any party to proceedings in the Supreme Court relating to such a claim the same rights of appeal as are accorded
generally to parties to civil proceedings in that Court sitting as a court of original jurisdiction.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection
(1)—
(a) to the extent that the law in question makes provision for the taking of possession or acquisition of any property, interest or right—
(i) in satisfaction of any tax, rate or due;
(ii) by way of penalty for breach of any law or forfeiture in consequence of a breach of any law;
(iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
(iv) by way of the taking of a sample for the purposes of any law;
(v) where the property consists of an animal upon its being found trespassing or straying;
(vi) in the execution of judgments or orders of a court;
(vii) by reason of its being in a dilapidated or dangerous state or injurious to the health of human beings, animals or plants;
(viii) in consequence of any law with respect to prescription or the limitation of actions; or
(ix) for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry, or, in the case of land,
for the purposes of carrying out on it work of reclamation, drainage, soil conservation or the conservation of other natural resources
or work relating to agricultural development or improvement (being work relating to such development or improvement that the owner
or occupier of the land has been required, and has, without reasonable and lawful excuse, refused or failed to carry out),
except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a
democratic society; or
(b) to the extent that the law in question makes provision for the taking of possession or acquisition of any of the following property
(including an interest in or right over property), that is to say—
(i) enemy property;
(ii) property of a deceased person, a person of unsound mind or a minor, for the purpose of its administration for the benefit of the
persons entitled to the beneficial interest in it;
(iii) property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the benefit of
the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in
the property; or
(iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating
the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.
(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection
(1) to the extent that the law in question makes provision for the compulsory taking of possession in the public interest of any
property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or
right is held by a body corporate established by law for public purposes in which no moneys have been invested other than moneys
provided from public funds.
Provisions for periods of public emergency
17. —(1) Nothing contained in or done under the authority of any regulation made under the Emergency Powers Orders in Council
1939 to 1973[3] or any other law in force in the Islands to like effect shall be held to be inconsistent with or in contravention of
section 5, section 6 other than subsections (4), (5) and (6) thereof or any provision of sections 7 to 16 (inclusive) to the extent that
the regulation in question makes in relation to any period of public emergency provision, or authorises the doing during any such
period of anything, that is reasonably justifiable in the circumstances of any situation arising or existing during that period for the
purpose of dealing with that situation.
(2) Where any person who is lawfully detained in pursuance of such a regulation as is referred to in subsection (1) so requests at any
time during the period of that detention (but if that person has already made such a request during that period, not earlier than six
months after he or she last made such a request during that period), his or her case shall within one month of making the request be
reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice.
(3) On any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations
concerning the necessity or expediency of continuing his or her detention to the authority by which it was ordered but, unless it is
otherwise prescribed, that authority shall not be obliged to act in accordance with any such recommendations.
Enforcement of fundamental rights
18. —(1) If any person alleges that any of the foregoing provisions of this Part has been, is being or is likely to be contravened in
relation to him or her, then, without prejudice to any other action with respect to the same matter which is lawfully available, that
person may apply to the Supreme Court for redress.
(2) The Supreme Court shall have original jurisdiction—
(a) to hear and determine any application made by any person in pursuance of subsection (1); and
(b) to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3),
and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or
securing the enforcement of any of the foregoing provisions of this Part to the protection of which the person concerned is entitled;
but the Supreme Court shall not exercise its powers under this subsection if it is satisfied that adequate means of redress are or have
been available to the person concerned under any other law.
(3) If, in any proceedings in any court established in the Islands other than the Supreme Court or the Court of Appeal, any question
arises as to the contravention of any of the foregoing provisions of this Part, the court in which the question has arisen shall refer the
question to the Supreme Court, unless, in its opinion, the raising of the question is merely frivolous or vexatious.
(4) An appeal shall lie as of right to the Court of Appeal from any final determination of any application or question by the Supreme
Court under this section, and an appeal shall lie as of right to Her Majesty in Council from the final determination by the Court of
Appeal of the appeal in any such case; but no appeal shall lie from a determination by the Supreme Court under this section dismissing
an application on the ground that it is frivolous or vexatious.
(5) A law made under section 59 may confer upon the Supreme Court such powers in addition to those conferred by this section as
may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred
upon it by this section.
(6) Any such law may make, or provide for the making of, provision with respect to the practice and procedure—
(a) of the Supreme Court in relation to the jurisdiction and powers conferred upon it by or under this section;
(b) of the Supreme Court or the Court of Appeal in relation to appeals under this section from determinations of the Supreme Court or
the Court of Appeal; and
(c) of other courts in relation to references to the Supreme Court under subsection (3),
including provision with respect to the time within which any application, reference or appeal shall or may be made or brought.
Interpretation of Part I
19. —(1) In this Part, unless it is otherwise expressly provided or required by the context—
"contravention" in relation to any requirement includes a failure to comply with that requirement, and cognate expressions shall be
construed accordingly;
"court" means any court of law or tribunal having jurisdiction in the Islands, including Her Majesty in Council, but excepting, save in
section 4, a court constituted by or under disciplinary law;
"disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplined force" means—
(a) a naval, military or air force;
(b) any police force or prison service of the Islands;
"member" in relation to a disciplined force includes any person who, under the law regulating the discipline of that force, is subject to
that discipline;
"minor" means a person who has not attained the age of eighteen years;
"period of public emergency" means any period during which—
(a) Her Majesty is at war; or
(b) there is in force in the Islands a proclamation of emergency under the Emergency Powers Orders in Council 1939 to 1973 or
under any other law in force in the Islands to like effect.
(2) In relation to any person who is a member of a disciplined force raised under the law of the Islands, nothing contained in or done
under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of the provisions of
this Part other than sections 2, 3 and 4.
(3) In relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in the
Islands, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in
contravention of any provisions of this Part.
FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
Fundamental rights and freedoms of the individual
1. Whereas every person in the Islands is entitled to the fundamental rights and freedoms of the individual, that is to say, the right,
without distinction of any kind, such as race, national or social origin, political or other opinion, colour, religion, language, creed,
association with a national minority, property, sex, birth or other status, but subject to respect for the rights and freedoms of others
and for the public interest, to each and all of the following, namely—
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for his or her private and family life, the privacy of his or her home and other property and from deprivation of property
save in the public interest and on payment of fair compensation,
the subsequent provisions of this Part shall have effect for the purpose of affording protection to the aforesaid rights and freedoms,
and related rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations
designed to ensure that the enjoyment of the said protected rights and freedoms by any individual does not prejudice the rights and
freedoms of others or the public interest.
Protection of right to life
2. —(1) Every person's right to life shall be protected by law. No person shall be deprived intentionally of his or her life.
(2) A person shall not be regarded as having been deprived of his or her life in contravention of this section if he or she dies as the
result of the use, to such extent and in such circumstances as are permitted by law, of such force as is no more than absolutely
necessary—
(a) for the defence of any person from violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; or
(c) in action lawfully taken for the purpose of suppressing a riot, insurrection or mutiny,
or if he or she dies as a result of a lawful act of war.
Protection from inhuman treatment
3. No person shall be subjected to torture or to inhuman or degrading treatment or punishment.
Protection from slavery and forced labour
4. —(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced or compulsory labour.
(3) For the purposes of this section, "forced or compulsory labour" does not include—
(a) any labour required in consequence of the sentence or order of a court;
(b) any labour required of a member of a disciplined force in pursuance of his or her duties as such or, in the case of a person who
has conscientious objections to service in a naval, military or air force, any labour that that person is required by law to perform in
place of such service;
(c) labour required of any person while he or she is lawfully detained that, though not required in consequence of the sentence or
order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place in which he or she is detained;
or
(d) any labour required during a period of public emergency or in the event of any other emergency or calamity that threatens the life
or well-being of the community, to the extent that the requiring of such labour is reasonably justifiable, in the circumstances of any
situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that
situation.
Protection from arbitrary arrest or detention
5. —(1) Every person has the right to liberty and security of person. No person shall be deprived of his or her personal liberty save in
accordance with a procedure prescribed by law in any of the following cases—
(a) in execution of the sentence or order of a court, whether established for the Islands or some other country, in respect of a criminal
offence of which he or she has been convicted or in consequence of his or her unfitness to plead to a criminal charge;
(b) in execution of the order of a court punishing him or her for contempt of that court or of another court;
(c) in execution of the lawful order of a court made in order to secure the fulfilment of any obligation imposed upon him or her by law;
(d) for the purpose of bringing him or her before a court in execution of the lawful order of a court;
(e) upon reasonable suspicion that he or she has committed, is committing or is about to commit a criminal offence;
(f) in the case of a minor, under the order of a court or with the consent of his or her parent or guardian, for the purpose of his or her
education or welfare;
(g) for the purpose of preventing the spread of an infectious or contagious disease or in the case of a person who is, or is reasonably
suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his or her care or treatment or the
protection of the community;
(h) for the purpose of preventing the unlawful entry of that person into the Islands or for the purpose of effecting the expulsion,
extradition or other lawful removal from the Islands of that person or the taking of proceedings relating thereto.
(2) Any person who is arrested or detained shall be informed promptly, in a language that he or she understands, of the reasons for his
or her arrest or detention and of any charge against him or her.
(3) Any person who is arrested or detained shall have the right, at any stage and at his or her own expense, to retain and instruct
without delay a legal representative of his or her own choice, and to hold private communication with that representative, and in the
case of a minor he or she shall also be afforded a reasonable opportunity for communication with his or her parent or guardian; but
when the person arrested or detained is unable to retain a legal representative of his or her own choice or be represented by a legal
representative at the public expense, he or she may be represented, and hold private communication with, such person as a court may
approve.
(4) Every person who is arrested shall be informed, as soon as he or she is brought to a police station or other place of custody, of his
or her rights under subsection (3); and he or she shall also have the right, and shall be informed at the same time that he or she has the
right, to remain silent and to have one person informed by the quickest practicable means of his or her arrest and his or her
whereabouts.
(5) Any person who is arrested or detained in such a case as is mentioned in subsection (1)(d) or (e) and who is not released shall be
brought promptly before a judge or other officer authorised to exercise judicial power; and if any person arrested or detained in such a
case as is mentioned in subsection (1)(e) is not tried within a reasonable time he or she shall (without prejudice to any further
proceedings that may be brought against him or her) be released either unconditionally or upon reasonable conditions, including in
particular such conditions as are reasonably necessary to ensure that he or she appears at a later date for trial or for proceedings
preliminary to trial.
(6) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation in respect of it from that
other person.
Provisions to secure protection of law
6. —(1) If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair
hearing within a reasonable time by an independent and impartial court established by law.
(2) Every person who is charged with a criminal offence—
(a) shall be presumed to be innocent until he or she is proved guilty according to law;
(b) shall be informed promptly, in a language that he or she understands and in detail, of the nature and cause of the accusation against
him or her;
(c) shall be given adequate time and facilities for the preparation of his or her defence;
(d) shall be permitted to defend himself or herself before the court in person or, at his or her own expense, by a legal representative of
his or her own choice or, when the interests of justice so require, by a legal representative at the public expense;
(e) shall be afforded facilities to examine in person or by his or her legal representative the witnesses called by the prosecution before
the court, and to obtain the attendance and carry out the examination of witnesses to testify on his or her behalf before the court on
the same conditions as those applying to witnesses called by the prosecution;
(f) shall be permitted to have without payment the assistance of an interpreter if he or she cannot understand or speak the language
used at the trial of the charge; and
(g) shall, when charged on information in the Supreme Court, have the right to trial by jury;
and, except with his or her own consent, the trial shall not take place in his or her absence, unless he or she so conducts himself or
herself in the court as to render the continuance of the proceedings in his or her presence impracticable and the court has ordered him
or her to be removed and the trial to proceed in his or her absence, or unless, having had reasonable notice of the hearing and of the
nature of the offence charged, he or she is voluntarily absent from the proceedings.
(3) When a person is tried for any criminal offence, the accused person or any person authorised by him or her shall, if he or she so
requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment
a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
(4) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place,
constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the
maximum penalty that might have been imposed for that offence at the time when it was committed.
(5) No person who shows that he or she has been tried by a competent court for a criminal offence and either convicted or acquitted
shall again be tried for that offence or for any other criminal offence of which he or she could have been convicted at the trial for that
offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.
(6) No person shall be tried for a criminal offence if he or she shows that he or she has been pardoned for that offence under section
95.
(7) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
(8) Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or
obligation shall be established by law and shall be independent and impartial; and where proceedings for such determination are
instituted by any person before such a court or other adjudicating authority, the case shall be determined fairly within a reasonable time.
(9) All proceedings instituted in any court for the determination of the existence or extent of any civil right or obligation or to try any
criminal charge, including the announcement of the decision of the court, shall be held in public.
(10) Nothing in subsection (9) shall prevent the court from excluding from the proceedings persons other than the parties and their
legal representatives to such extent as the court—
(a) may be empowered by law to do so and may consider strictly necessary or expedient in circumstances where publicity would
prejudice the interests of justice, or in interlocutory proceedings or in the interests of the welfare of minors or the private lives of
persons concerned in the proceedings; or
(b) may be empowered or required by law to do so in the interests of defence, public safety, public order, or public morality.
(11) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of—
(a) subsection (2)(a) to the extent that the law in question imposes upon any person charged with a criminal offence the burden of
proving particular facts;
(b) subsection (2)(e) to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on
behalf of an accused person are to be paid their expenses out of public funds;
(c) subsection (5) to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence
notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force; but any court so trying
such a member and convicting him or her shall in sentencing him or her to any punishment take into account any punishment awarded
him or her under that disciplinary law.
(12)
(a) Every person convicted of a criminal offence by a court shall have the right to have his or her conviction or sentence reviewed by
a higher court; and the exercise of this right, including the grounds on which it may be exercised, shall be governed by law.
(b) This right may be subject to exceptions in regard to offences of a minor character, as prescribed by law, or in cases in which the
person concerned was tried in the first instance by the highest court or was convicted following an appeal against acquittal.
(13) When a person has by a final decision been convicted of a criminal offence and when subsequently his or her conviction has been
reversed, or he or she has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a
miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law,
unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him or her.
(14) In this section, "legal representative" means a person entitled to practise in the Islands as an attorney.
Protection of right of prisoners to humane treatment
7. —(1) All persons deprived of their liberty (in this section referred to as "prisoners") have the right to be treated with humanity and
with respect for the inherent dignity of the human person.
(2) Save where the interests of defence, public safety, public order, public morality, public health or the administration of justice
otherwise require, unconvicted prisoners shall be segregated from convicted prisoners; and every unconvicted prisoner shall be entitled
to be treated in a manner appropriate to his or her status as such.
(3) Juvenile prisoners shall be segregated from adult prisoners and every juvenile prisoner shall be treated in a manner appropriate to
his or her age and legal status and, if he or she is an unconvicted prisoner and unless he or she is earlier released, to have any criminal
proceedings against him or her pursued with the greatest possible expedition.
Protection for private and family life and for privacy of home and other property
8. —(1) Every person has the right to respect for his or her private and family life, his or her home and his or her correspondence,
and except with his or her own consent, no person shall be subjected to the search of his or her person or his or her property or the
entry by others on his or her premises.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section
to the extent that the law in question makes provision—
(a) that is reasonably required—
(i) in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development
of mineral resources, or the development or utilisation of any other property in such a manner as to promote the public benefit;
(ii) for the purpose of protecting the rights and freedoms of other persons; or
(iii) for the prevention or detection of offences against the criminal law or the customs law;
(b) to enable an officer or agent of the Government, a local government authority or a body corporate established by law for a public
purpose to enter on the premises of any person in order to inspect those premises or anything on them for the purpose of any tax, rate
or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the
Government or that authority or body corporate, as the case may be; or
(c) to authorise, for the purpose of enforcing the judgment or order of a court, the search of any person or property by order of a
court or the entry upon any premises by such order,
except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a
democratic society.
Protection of right to marry, etc
9. —(1) Every man and woman of marriageable age (as determined by or under any law) has the right to marry and found a family.
(2) No person shall be compelled to marry, that is to say, to do so without his or her free and full consent.
(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection
(1) to the extent that the law in question makes provision that is reasonably required—
(a) in the interests of public order, public morality or public health;
(b) for regulating, in the public interest, the procedures and modalities of marriage; or
(c) for protecting the rights and freedoms of others,
except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a
democratic society.
(4) Spouses shall be entitled to equal rights and shall be subject to equal responsibilities as between themselves and as regards their
children both during marriage and, if the marriage is dissolved, on and after dissolution, but this equality of rights and responsibilities
shall be subject to such arrangements or measures as may be agreed, or as may be ordered by a court, in the interests of their children.
Protection of freedom of conscience
10. —(1) Except with his or her consent, no person shall be hindered in the enjoyment of his or her freedom of conscience, and for
the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his or her religion or
belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his or her
religion or belief in worship, teaching, practice and observance.
(2) Except with his or her consent (or, if he or she is a minor, the consent of his or her guardian) no person attending any place of
education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance.
(3) No religious community or denomination shall be prevented from or hindered in providing religious instruction for persons of that
community or denomination in the course of any education provided by that community or denomination whether or not that
community or denomination is in receipt of any government subsidy, grant or other form of financial assistance designed to meet, in
whole or in part, the cost of such education.
(4) No person shall be compelled to take any oath which is contrary to his or her religion or belief or to take any oath in a manner
which is contrary to his or her religion or belief.
(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section
to the extent that the law in question makes provision which is reasonably required—
(a) in the interests of defence, public safety, public order, public morality or public health; or
(b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion or
belief without the unsolicited interference of persons professing any other religion or belief,
except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a
democratic society.
(6) Every person who is a parent or legal guardian has the right to respect for his or her liberty to ensure the religious and moral
education of his or her children in conformity with his or her own convictions.
(7) References in this section to a religion shall be construed as including references to a religious denomination, and cognate
expressions shall be construed accordingly.
Protection of the right to education
11. —(1) This section is without prejudice to section 10.
(2) Every child of the appropriate age, as provided by law, shall be entitled to receive primary education which shall, subject to
subsection (3), be free.
(3) Every person who is the parent or legal guardian of a child shall be entitled to have his or her child (of whatever age) educated, at
his or her own expense unless a law otherwise provides, in a private school (that is to say, a school other than one established by a
public authority) and, in such a school, to ensure the religious and moral education of his or her child in accordance with his or her
own convictions.
(4) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection
(3) to the extent that the law in question makes provision requiring private schools, as a condition of their being allowed to operate and
on terms no more onerous than are applicable to schools established by a public authority, to satisfy—
(a) such minimum educational standards (including standards relating to the qualifications of teaching staff and other staff) as may be
prescribed by or under that or any other law; and
(b) such minimum standards imposed in the interests of public order, public morality or public health as may be so prescribed,
except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a
democratic society.
Protection of freedom of expression
12. —(1) Except with his or her consent, no person shall be hindered in the enjoyment of his or her freedom of expression, and for
the purposes of this section the said freedom includes freedom to hold opinions without interference, freedom to receive and impart
(to the public generally or to any person or class of persons) ideas and information without interference, and freedom from
interference with his or her correspondence or other means of communication.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section
to the extent that the law in question makes provision—
(a) that is reasonably required—
(i) in the interests of defence, public safety, public order, public morality or public health; or
(ii) for the purpose of protecting the rights, reputations and freedoms of other persons or the private lives of persons concerned in
legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the
courts, regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication or regulating public
exhibitions or public entertainments; or
(b) that imposes restrictions upon public officers or teachers that are reasonably required for the purpose of ensuring the proper
performance of their functions,
except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a
democratic society.
(3) For the purposes of subsection (2)(b) in so far as it relates to public officers, "law" in that subsection includes directions in writing
regarding the conduct of public officers generally or any class of public officer issued by the Government.
Protection of freedom of assembly and association
13. —(1) Except with his or her consent, no person shall be hindered in the enjoyment of his or her freedom of peaceful assembly and
association, that is to say, his or her right to assemble freely and associate with other persons and in particular to form or belong to
political parties or to form or belong to trade unions or other associations for the promotion and protection of his or her interests.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section
to the extent that the law in question makes provision—
(a) that is reasonably required—
(i) in the interests of defence, public safety, public order, public morality or public health;
(ii) for the purpose of protecting the rights and freedoms of other persons; or
(b) that imposes restrictions upon public officers that are reasonably required for the purpose of ensuring the proper performance of
their functions,
except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a
democratic society.
(3) For the purposes of subsection (2)(b), "law" in that subsection includes directions in writing regarding the conduct of public
officers generally or any class of public officer issued by the Government.
Protection of freedom of movement
14. —(1) Except with his or her consent, no person shall be hindered in the enjoyment of his or her freedom of movement, that is to
say, the right to move freely throughout the Islands, the right to reside in any part of the Islands, the right to enter or leave the Islands
and immunity from expulsion from the Islands.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section
to the extent that the law in question makes provision—
(a) for the imposition of restrictions on the movement or residence within the Islands or on the right to leave the Islands of persons
generally or any class of persons that are reasonably required—
(i) in the interests of defence, public safety, public order, public morality or public health; or
(ii) for the purpose of protecting the rights and freedoms of other persons,
except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a
democratic society;
(b) for the removal of a person from the Islands to be tried or punished in some other country for a criminal offence under the law of
that country or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence
under the law of the Islands of which he or she has been convicted;
(c) for the imposition of restrictions on the movement or residence within the Islands or the right to leave the Islands of public officers
that are reasonably required for the purpose of ensuring the proper performance of their functions;
(d) for the imposition of restrictions on persons who are not Belongers; but—
(i) no restriction may be imposed by virtue only of this paragraph on the right of any such person, so long as he or she is lawfully
present in the Islands, to move freely throughout the Islands and to reside anywhere in the Islands;
(ii) no restriction may be imposed by virtue only of this paragraph on the right of any such person to leave the Islands; and
(iii) no such person shall be liable, by virtue only of this paragraph, to be expelled from the Islands unless the requirements specified
in subsection (5) are satisfied;
(e) for the imposition of restrictions on the acquisition or use by any person of land or other property in the Islands;
(f) for the imposition of restrictions, by order of a court, on the movement or residence within the Islands of any person or on any
person's right to leave the Islands either in consequence of his or her having been found guilty of a criminal offence under the law of
the Islands or for the purpose of ensuring a fair trial or that he or she appears before a court at a later date for trial of such a criminal
offence or for proceedings preliminary to trial or for proceedings relating to his or her extradition or lawful removal from the Islands;
or
(g) for the imposition of restrictions on the right of any person to leave the Islands that are reasonably required in order to secure the
fulfilment of any obligation imposed by law, except so far as the provision or, as the case may be, the thing done under its authority is
shown not to be reasonably justifiable in a democratic society.
(3) For the purposes of subsection (2)(c), "law" in that subsection includes directions in writing regarding the conduct of public
officers generally or any class of public officer issued by the Government.
(4) Any restriction on a person's freedom of movement which is involved in his or her lawful detention shall not be held to be
inconsistent with or in contravention of this section.
(5) The requirements to be satisfied for the purposes of subsection (2)(d) (that is to say, before a person who is not a Belonger may
be expelled from the Islands) are as follows—
(a) the decision to expel him or her is taken by an authority, in a manner and on grounds prescribed by law;
(b) he or she has the right, save where the interests of defence, public safety or public order otherwise require, to submit reasons
against his or her expulsion to a competent authority prescribed by law;
(c) he or she has the right, save as aforesaid, to have his or her case reviewed by a competent authority prescribed by law; and
(d) he or she has the right, save as aforesaid, to be represented for the purposes of paragraphs (b) and (c) before the competent
authority or some other person or authority designated in that behalf by the competent authority.
Protection from discrimination
15. —(1) Subject to subsections (4), (5) and (8), no law shall make any provision which is discriminatory either of itself or in its
effect.
(2) Subject to subsections (6), (8) and (9), no person shall be treated in a discriminatory manner by any person acting by virtue of any
law or in the performance of the functions of any public office or any public authority.
(3) In this section, "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their
respective descriptions such as by race, national or social origin, political or other opinion, colour, religion, language, creed,
association with a national minority, property, sex, birth or other status whereby persons of one such description are subjected to
disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages
which are not accorded to persons of another such description.
(4) Subsection (1) shall not apply to any law so far as that law makes provision—
(a) for the appropriation of revenues or other funds of the Islands or for the imposition of taxation (including the levying of fees for
the grant of licences);
(b) with respect to the entry into or exclusion from, or the employment, engaging in any business or profession, movement or
residence within, the Islands of persons who are not Belongers;
(c) for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with
such persons) of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that
is the personal law applicable to persons of that description; or
(d) whereby persons of any such description as is mentioned in subsection (3) may be subjected to any disability or restriction or may
be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or
to persons of any other such description, is reasonably justifiable in a democratic society.
(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) to the extent that it requires
a person to be a Belonger or to possess any other qualification (not being a qualification specifically relating to any such description as
is mentioned in subsection (3)) in order to be eligible for appointment to any office in the public service or in a disciplined force or any
office in the service of a local government authority or of a body corporate established directly by any law for public purposes.
(6) Subsection (2) shall not apply to anything which is expressly or by necessary implication authorised to be done by any such
provision of law as is referred to in subsection (4) or (5).
(7) Subject to subsection (8), no person shall be treated in a discriminatory manner in respect of access to any of the following places
to which the general public have access, namely, shops, hotels, restaurants, eating-houses, licensed premises, places of entertainment
or places of resort.
(8) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section
to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) may
be subjected to any restrictions on the rights and freedoms guaranteed by sections 8, 9, 10, 11, 12, 13 and 14, being such a restriction
as is authorised by section 8(2)(a), 9(3), 10(5), 11(4), 12(2), 13(2) or 14(2)(a), as the case may be.
(9) Nothing in subsection (2) shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal
proceedings in any court that is vested in any person by or under this Constitution or any other law.
Protection from deprivation of property
16. —(1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any
description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say—
(a) the taking of possession or acquisition is necessary or expedient in the interests of defence, public safety, public order, public
morality, public health, town and country planning or the development or utilisation of any property in such a manner as to promote
the public benefit or the economic well-being of the community; and
(b) there is reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the
property; and
(c) provision is made by a law applicable to that taking of possession or acquisition—
(i) for the prompt payment of adequate compensation; and
(ii) securing to any person having an interest in or right over the property a right of access to the Supreme Court, whether direct or
on appeal from any other authority, for the determination of his or her interest or right, the legality of the taking of possession or
acquisition of the property, interest or right, and the amount of any compensation to which he or she is entitled, and for the purpose of
obtaining prompt payment of that compensation; and
(iii) giving to any party to proceedings in the Supreme Court relating to such a claim the same rights of appeal as are accorded
generally to parties to civil proceedings in that Court sitting as a court of original jurisdiction.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection
(1)—
(a) to the extent that the law in question makes provision for the taking of possession or acquisition of any property, interest or right—
(i) in satisfaction of any tax, rate or due;
(ii) by way of penalty for breach of any law or forfeiture in consequence of a breach of any law;
(iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
(iv) by way of the taking of a sample for the purposes of any law;
(v) where the property consists of an animal upon its being found trespassing or straying;
(vi) in the execution of judgments or orders of a court;
(vii) by reason of its being in a dilapidated or dangerous state or injurious to the health of human beings, animals or plants;
(viii) in consequence of any law with respect to prescription or the limitation of actions; or
(ix) for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry, or, in the case of land,
for the purposes of carrying out on it work of reclamation, drainage, soil conservation or the conservation of other natural resources
or work relating to agricultural development or improvement (being work relating to such development or improvement that the owner
or occupier of the land has been required, and has, without reasonable and lawful excuse, refused or failed to carry out),
except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a
democratic society; or
(b) to the extent that the law in question makes provision for the taking of possession or acquisition of any of the following property
(including an interest in or right over property), that is to say—
(i) enemy property;
(ii) property of a deceased person, a person of unsound mind or a minor, for the purpose of its administration for the benefit of the
persons entitled to the beneficial interest in it;
(iii) property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the benefit of
the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in
the property; or
(iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating
the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.
(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection
(1) to the extent that the law in question makes provision for the compulsory taking of possession in the public interest of any
property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or
right is held by a body corporate established by law for public purposes in which no moneys have been invested other than moneys
provided from public funds.
Provisions for periods of public emergency
17. —(1) Nothing contained in or done under the authority of any regulation made under the Emergency Powers Orders in Council
1939 to 1973[3] or any other law in force in the Islands to like effect shall be held to be inconsistent with or in contravention of
section 5, section 6 other than subsections (4), (5) and (6) thereof or any provision of sections 7 to 16 (inclusive) to the extent that
the regulation in question makes in relation to any period of public emergency provision, or authorises the doing during any such
period of anything, that is reasonably justifiable in the circumstances of any situation arising or existing during that period for the
purpose of dealing with that situation.
(2) Where any person who is lawfully detained in pursuance of such a regulation as is referred to in subsection (1) so requests at any
time during the period of that detention (but if that person has already made such a request during that period, not earlier than six
months after he or she last made such a request during that period), his or her case shall within one month of making the request be
reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice.
(3) On any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations
concerning the necessity or expediency of continuing his or her detention to the authority by which it was ordered but, unless it is
otherwise prescribed, that authority shall not be obliged to act in accordance with any such recommendations.
Enforcement of fundamental rights
18. —(1) If any person alleges that any of the foregoing provisions of this Part has been, is being or is likely to be contravened in
relation to him or her, then, without prejudice to any other action with respect to the same matter which is lawfully available, that
person may apply to the Supreme Court for redress.
(2) The Supreme Court shall have original jurisdiction—
(a) to hear and determine any application made by any person in pursuance of subsection (1); and
(b) to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3),
and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or
securing the enforcement of any of the foregoing provisions of this Part to the protection of which the person concerned is entitled;
but the Supreme Court shall not exercise its powers under this subsection if it is satisfied that adequate means of redress are or have
been available to the person concerned under any other law.
(3) If, in any proceedings in any court established in the Islands other than the Supreme Court or the Court of Appeal, any question
arises as to the contravention of any of the foregoing provisions of this Part, the court in which the question has arisen shall refer the
question to the Supreme Court, unless, in its opinion, the raising of the question is merely frivolous or vexatious.
(4) An appeal shall lie as of right to the Court of Appeal from any final determination of any application or question by the Supreme
Court under this section, and an appeal shall lie as of right to Her Majesty in Council from the final determination by the Court of
Appeal of the appeal in any such case; but no appeal shall lie from a determination by the Supreme Court under this section dismissing
an application on the ground that it is frivolous or vexatious.
(5) A law made under section 59 may confer upon the Supreme Court such powers in addition to those conferred by this section as
may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred
upon it by this section.
(6) Any such law may make, or provide for the making of, provision with respect to the practice and procedure—
(a) of the Supreme Court in relation to the jurisdiction and powers conferred upon it by or under this section;
(b) of the Supreme Court or the Court of Appeal in relation to appeals under this section from determinations of the Supreme Court or
the Court of Appeal; and
(c) of other courts in relation to references to the Supreme Court under subsection (3),
including provision with respect to the time within which any application, reference or appeal shall or may be made or brought.
Interpretation of Part I
19. —(1) In this Part, unless it is otherwise expressly provided or required by the context—
"contravention" in relation to any requirement includes a failure to comply with that requirement, and cognate expressions shall be
construed accordingly;
"court" means any court of law or tribunal having jurisdiction in the Islands, including Her Majesty in Council, but excepting, save in
section 4, a court constituted by or under disciplinary law;
"disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplined force" means—
(a) a naval, military or air force;
(b) any police force or prison service of the Islands;
"member" in relation to a disciplined force includes any person who, under the law regulating the discipline of that force, is subject to
that discipline;
"minor" means a person who has not attained the age of eighteen years;
"period of public emergency" means any period during which—
(a) Her Majesty is at war; or
(b) there is in force in the Islands a proclamation of emergency under the Emergency Powers Orders in Council 1939 to 1973 or
under any other law in force in the Islands to like effect.
(2) In relation to any person who is a member of a disciplined force raised under the law of the Islands, nothing contained in or done
under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of the provisions of
this Part other than sections 2, 3 and 4.
(3) In relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in the
Islands, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in
contravention of any provisions of this Part.
Spanish explorer Juan Ponce de Leon first sighted the island under the possession of
Arawak Islands. It was completely depopulated by Spanish slavers within a year of its
discovery. Spain, France and England each laid claim to the island through the 17th
century, but it was not fully colonized until 1681 when salt harvesters from Bermuda built a
permanent settlement on Grand Turk Island. It did serve as a pirate haven from 1690 to 1720.
Agriculture came to the islands when 40 American colonists from Georgia and South
Carolina, loyal to England, were given land grants in 1780 to plant cotton, bringing with them
over a 1,000 slaves. Bermuda dominated life in the Turks and Caicos Islands through 1848
when the colonists petitioned the crown to become a separate colony under the
administration of Jamaica until 1959, when they received their own administration, although
the governor of Jamaica remained the governor of the islands. When Jamaica was granted
independence from Britain in August 1962, the Turks and Caicos Islands became a crown
colony. From 1965 the governor of The Bahamas was also governor of the Turks and Caicos
Islands and oversaw affairs for the islands. When the Bahamas gained independence in
1973, the islands received their own governor. On 30 August 1976, the islands adopted a
constitution. It was suspended on 24 July 1986 when charges of arson and fraud forced the
governor to dissolve the government and replace it with an advisory council. A new
constitution was drafted in 1988 and amended in 1993 and 2002 which restored self
government to the islands. Various bids have been made for independence but not enough
votes could be mustered by the citizens to solidify that bid. On 19 July 2006, the Queen
approved adoption of a new constitution which was approved by Parliament on 20 July
2006. On 30 April 2009, Britain suspended the Constitution for up to two years following an
investigation of rampant corruption by government leaders. Executive power is now
exclusively wielded by the governor on behalf of the Queen. Fundamental Rights and
Freedoms are elucidated in Part I with 19 Articles conforming to the United Nations Universal
Declaration of Human Rights and are detailed below. For the full English text of Turks and
Caicos Islands' constitution, click here.
Arawak Islands. It was completely depopulated by Spanish slavers within a year of its
discovery. Spain, France and England each laid claim to the island through the 17th
century, but it was not fully colonized until 1681 when salt harvesters from Bermuda built a
permanent settlement on Grand Turk Island. It did serve as a pirate haven from 1690 to 1720.
Agriculture came to the islands when 40 American colonists from Georgia and South
Carolina, loyal to England, were given land grants in 1780 to plant cotton, bringing with them
over a 1,000 slaves. Bermuda dominated life in the Turks and Caicos Islands through 1848
when the colonists petitioned the crown to become a separate colony under the
administration of Jamaica until 1959, when they received their own administration, although
the governor of Jamaica remained the governor of the islands. When Jamaica was granted
independence from Britain in August 1962, the Turks and Caicos Islands became a crown
colony. From 1965 the governor of The Bahamas was also governor of the Turks and Caicos
Islands and oversaw affairs for the islands. When the Bahamas gained independence in
1973, the islands received their own governor. On 30 August 1976, the islands adopted a
constitution. It was suspended on 24 July 1986 when charges of arson and fraud forced the
governor to dissolve the government and replace it with an advisory council. A new
constitution was drafted in 1988 and amended in 1993 and 2002 which restored self
government to the islands. Various bids have been made for independence but not enough
votes could be mustered by the citizens to solidify that bid. On 19 July 2006, the Queen
approved adoption of a new constitution which was approved by Parliament on 20 July
2006. On 30 April 2009, Britain suspended the Constitution for up to two years following an
investigation of rampant corruption by government leaders. Executive power is now
exclusively wielded by the governor on behalf of the Queen. Fundamental Rights and
Freedoms are elucidated in Part I with 19 Articles conforming to the United Nations Universal
Declaration of Human Rights and are detailed below. For the full English text of Turks and
Caicos Islands' constitution, click here.