| JERSEY Bailiwick of Jersey Bailiwick of Jersey (British Crown Dependency) Joined United Nations: 24 October 1945 Human Rights as assured by their constitution Updated 31 March 2013 |
SCHEDULE 1
(Article 2(1))
CONVENTION RIGHTS
PART 1
THE CONVENTION
Article 2
Right to life
1. Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a
sentence of a court following his conviction of a crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is
not more than absolutely necessary –
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection.
Article 3
Prohibition of torture
No one shall be subjected to torture or inhuman or degrading treatment or punishment.
Article 4
Prohibition of slavery and forced labour
1. No one shall be held in slavery or servitude.
2. No one shall be required to perform forced or compulsory labour.
3. For the purpose of this Article the term “forced or compulsory labour” shall not include –
(a) any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this
Convention or during conditional release from such detention;
(b) any service of military character or, in case of conscientious objectors in countries where they are recognised, service exacted
instead of compulsory military service;
(c) any service exacted in case of an emergency or calamity threatening the life or well-being of the community;
(d) any work or service which forms part of normal civic obligations.
Article 5
Right to liberty and security
1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in
accordance with a procedure prescribed by law –
(a) the lawful detention of a person after conviction by a competent court;
(b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of
any obligation prescribed by law;
(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on
reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence
or fleeing after having done so;
(d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of
bringing him before the competent legal authority;
(e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics
or drug addicts or vagrants;
(f) the lawful arrest or detention of a person to prevent his effecting an unauthorized entry into the country or of a person against
whom action is being taken with a view to deportation or extradition.
2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any
charge against him.
3. Everyone arrested or detained in accordance with the provisions of paragraph 1(c) of this Article shall be brought promptly before a
judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release
pending trial. Release may be conditioned by guarantees to appear for trial.
4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his
detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable
right to compensation.
Article 6
Right to a fair trial
1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public
hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but
the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic
society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in
the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
3. Everyone charged with a criminal offence has the following minimum rights –
(a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
(b) to have adequate time and facilities for the preparation of his defence;
(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal
assistance, to be given it free when the interests of justice so require;
(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under
the same conditions as witnesses against him;
(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.
Article 7
No punishment without law
1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence
under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was
applicable at the time the criminal offence was committed.
2. This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was
committed, was criminal according to the general principles of law recognised by civilized nations.
Article 8
Right to respect for private and family life
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and
is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the
prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Article 9
Freedom of thought, conscience and religion
1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief
and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching,
practice and observance.
2. Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in
a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the
rights and freedoms of others.
Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart
information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from
requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions,
restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial
integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the
reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and
impartiality of the judiciary.
Article 11
Freedom of assembly and association
1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and
to join trade unions for the protection of his interests.
2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a
democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of
health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful
restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.
Article 12
Right to marry
Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise
of this right.
Article 14
Prohibition of discrimination
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex,
race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or
other status.
Article 16
Restrictions on political activity of aliens
Nothing in Articles 10, 11 and 14 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the political
activity of aliens.
Article 17
Prohibition of abuse of rights
Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform
any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided
for in the Convention.
Article 18
Limitation on use of restrictions on rights
The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for
which they have been prescribed.
PART 2
THE FIRST PROTOCOL
Article 1
Protection of property
Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except
in the public interest and subject to the conditions provided for by law and by the general principles of international law.
The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control
the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.
Article 2
Right to education
No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to
teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and
philosophical convictions.
Article 3
Right to free elections
The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure
the free expression of the opinion of the people in the choice of the legislature.
PART 3
THE SIXTH PROTOCOL
Article 1
Abolition of the death penalty
The death penalty shall be abolished. No one shall be condemned to such penalty or executed.
Article 2
Death penalty in time of war
A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war;
such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions. The State shall communicate
to the Secretary General of the Council of Europe the relevant provisions of that law.
PART 4[7]
THE THIRTEENTH PROTOCOL
Article 1
Abolition of the death penalty
The death penalty shall be abolished. No one shall be condemned to such penalty or executed.
SCHEDULE 2
(Articles 1(1) and 14)
DEROGATION
The United Kingdom Permanent Representative to the Council of Europe, on the instructions of his authorities, has the honour to convey
to the Secretary General of the Council the following information.
In communications from this Delegation to the then Secretary General of 23 December 1988, reference was made to the introduction and
exercise of certain powers under Section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1984, Article 9 of the Prevention
of Terrorism (Supplemental Temporary Provisions) Order 1984 and to the replacement of those provisions by Section 14 and paragraph 6
of Schedule 5 to the Prevention of Terrorism (Temporary Provisions) Act 1989.
These powers were previously extended by Order in Council to cover the Channel Islands and the Isle of Man. Following the adoption by
the authorities in Jersey, Guernsey and the Isle of Man of legislation making comparable provision, the relevant Orders in Council have
been repealed. A copy of the new legislation for the Isle of Man, Guernsey and Jersey is enclosed. In respect of the Isle of Man the
relevant provisions are section 12 of and paragraph 6 of Schedule 5 to the Prevention of Terrorism Act 1990 which entered into force on
1st December 1990. In respect of Guernsey the relevant provisions are section 12 of and paragraph 6 of Schedule 5 to the Prevention of
Terrorism (Bailiwick of Guernsey) Law 1990 which entered into force on 1 January 1991. In respect of Jersey the relevant provisions are
Article 13 of and paragraph 6 of Schedule 5 to the Prevention of Terrorism (Jersey) Law 1996 which entered into force on 1st July 1996.
The United Kingdom Permanent Representative avails himself of this opportunity to renew to the Secretary General the assurance of his
highest consideration.
12 November 1998.
(Article 2(1))
CONVENTION RIGHTS
PART 1
THE CONVENTION
Article 2
Right to life
1. Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a
sentence of a court following his conviction of a crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is
not more than absolutely necessary –
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection.
Article 3
Prohibition of torture
No one shall be subjected to torture or inhuman or degrading treatment or punishment.
Article 4
Prohibition of slavery and forced labour
1. No one shall be held in slavery or servitude.
2. No one shall be required to perform forced or compulsory labour.
3. For the purpose of this Article the term “forced or compulsory labour” shall not include –
(a) any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this
Convention or during conditional release from such detention;
(b) any service of military character or, in case of conscientious objectors in countries where they are recognised, service exacted
instead of compulsory military service;
(c) any service exacted in case of an emergency or calamity threatening the life or well-being of the community;
(d) any work or service which forms part of normal civic obligations.
Article 5
Right to liberty and security
1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in
accordance with a procedure prescribed by law –
(a) the lawful detention of a person after conviction by a competent court;
(b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of
any obligation prescribed by law;
(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on
reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence
or fleeing after having done so;
(d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of
bringing him before the competent legal authority;
(e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics
or drug addicts or vagrants;
(f) the lawful arrest or detention of a person to prevent his effecting an unauthorized entry into the country or of a person against
whom action is being taken with a view to deportation or extradition.
2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any
charge against him.
3. Everyone arrested or detained in accordance with the provisions of paragraph 1(c) of this Article shall be brought promptly before a
judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release
pending trial. Release may be conditioned by guarantees to appear for trial.
4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his
detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable
right to compensation.
Article 6
Right to a fair trial
1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public
hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but
the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic
society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in
the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
3. Everyone charged with a criminal offence has the following minimum rights –
(a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
(b) to have adequate time and facilities for the preparation of his defence;
(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal
assistance, to be given it free when the interests of justice so require;
(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under
the same conditions as witnesses against him;
(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.
Article 7
No punishment without law
1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence
under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was
applicable at the time the criminal offence was committed.
2. This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was
committed, was criminal according to the general principles of law recognised by civilized nations.
Article 8
Right to respect for private and family life
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and
is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the
prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Article 9
Freedom of thought, conscience and religion
1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief
and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching,
practice and observance.
2. Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in
a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the
rights and freedoms of others.
Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart
information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from
requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions,
restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial
integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the
reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and
impartiality of the judiciary.
Article 11
Freedom of assembly and association
1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and
to join trade unions for the protection of his interests.
2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a
democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of
health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful
restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.
Article 12
Right to marry
Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise
of this right.
Article 14
Prohibition of discrimination
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex,
race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or
other status.
Article 16
Restrictions on political activity of aliens
Nothing in Articles 10, 11 and 14 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the political
activity of aliens.
Article 17
Prohibition of abuse of rights
Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform
any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided
for in the Convention.
Article 18
Limitation on use of restrictions on rights
The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for
which they have been prescribed.
PART 2
THE FIRST PROTOCOL
Article 1
Protection of property
Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except
in the public interest and subject to the conditions provided for by law and by the general principles of international law.
The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control
the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.
Article 2
Right to education
No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to
teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and
philosophical convictions.
Article 3
Right to free elections
The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure
the free expression of the opinion of the people in the choice of the legislature.
PART 3
THE SIXTH PROTOCOL
Article 1
Abolition of the death penalty
The death penalty shall be abolished. No one shall be condemned to such penalty or executed.
Article 2
Death penalty in time of war
A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war;
such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions. The State shall communicate
to the Secretary General of the Council of Europe the relevant provisions of that law.
PART 4[7]
THE THIRTEENTH PROTOCOL
Article 1
Abolition of the death penalty
The death penalty shall be abolished. No one shall be condemned to such penalty or executed.
SCHEDULE 2
(Articles 1(1) and 14)
DEROGATION
The United Kingdom Permanent Representative to the Council of Europe, on the instructions of his authorities, has the honour to convey
to the Secretary General of the Council the following information.
In communications from this Delegation to the then Secretary General of 23 December 1988, reference was made to the introduction and
exercise of certain powers under Section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1984, Article 9 of the Prevention
of Terrorism (Supplemental Temporary Provisions) Order 1984 and to the replacement of those provisions by Section 14 and paragraph 6
of Schedule 5 to the Prevention of Terrorism (Temporary Provisions) Act 1989.
These powers were previously extended by Order in Council to cover the Channel Islands and the Isle of Man. Following the adoption by
the authorities in Jersey, Guernsey and the Isle of Man of legislation making comparable provision, the relevant Orders in Council have
been repealed. A copy of the new legislation for the Isle of Man, Guernsey and Jersey is enclosed. In respect of the Isle of Man the
relevant provisions are section 12 of and paragraph 6 of Schedule 5 to the Prevention of Terrorism Act 1990 which entered into force on
1st December 1990. In respect of Guernsey the relevant provisions are section 12 of and paragraph 6 of Schedule 5 to the Prevention of
Terrorism (Bailiwick of Guernsey) Law 1990 which entered into force on 1 January 1991. In respect of Jersey the relevant provisions are
Article 13 of and paragraph 6 of Schedule 5 to the Prevention of Terrorism (Jersey) Law 1996 which entered into force on 1st July 1996.
The United Kingdom Permanent Representative avails himself of this opportunity to renew to the Secretary General the assurance of his
highest consideration.
12 November 1998.
Jersey has experienced human habitation for around 250,000 years but only became an
island about 8,000 years ago. Settlement occurred during the neolithic era as well as trade
with Brittany and England's south coast. Though part of the Roman world little is known of
Jersey's early history. Christianity was introduced in the 6th Century and Charlemagne sent
an emissary to the island then known as Agna in 803 and was renamed Jersey as a result of
Viking activity in the 9th and 10th Centuries. Jersey was linked to Brittany until 933 when the
Duke of Normandy seized the islands and placed them under special administration. In the
Treaty of Paris (1259) the King of France gave up claim to the Channel Islands. The claim
was based upon his position as feudal overlord of the Duke of Normandy. The King of
England gave up claim to mainland Normandy and appointed a Warden, a position now
termed Lieutenant-Governor and a Bailiff to govern in his stead. The Channel Islands were
never formerly absorbed into the Kingdom of England, however. The Code of 1771 laid
down for the first time in one place the extant laws of Jersey, and from this time the functions
of the Royal Court and the States of Jersey were delimited, with sole legislative power
vested in the States. Jersey, along with the rest of the Channel Islands were the only British
soil occupied by German troops in World War II. Jersey does not have a written constitution
per se, but its government operates by partly statutes, partly common law and practice with
the United Kingdom assuming responsibility for defense and foreign relations. Human
rights are enumerated beginning with Schedule I (Convention Rights), conform with the
1948 Universal Declaration of Human Rights of which the United Kingdom is a signatory and
are detailed below. For a full English version of Jersey's Human Rights Act, click here.
island about 8,000 years ago. Settlement occurred during the neolithic era as well as trade
with Brittany and England's south coast. Though part of the Roman world little is known of
Jersey's early history. Christianity was introduced in the 6th Century and Charlemagne sent
an emissary to the island then known as Agna in 803 and was renamed Jersey as a result of
Viking activity in the 9th and 10th Centuries. Jersey was linked to Brittany until 933 when the
Duke of Normandy seized the islands and placed them under special administration. In the
Treaty of Paris (1259) the King of France gave up claim to the Channel Islands. The claim
was based upon his position as feudal overlord of the Duke of Normandy. The King of
England gave up claim to mainland Normandy and appointed a Warden, a position now
termed Lieutenant-Governor and a Bailiff to govern in his stead. The Channel Islands were
never formerly absorbed into the Kingdom of England, however. The Code of 1771 laid
down for the first time in one place the extant laws of Jersey, and from this time the functions
of the Royal Court and the States of Jersey were delimited, with sole legislative power
vested in the States. Jersey, along with the rest of the Channel Islands were the only British
soil occupied by German troops in World War II. Jersey does not have a written constitution
per se, but its government operates by partly statutes, partly common law and practice with
the United Kingdom assuming responsibility for defense and foreign relations. Human
rights are enumerated beginning with Schedule I (Convention Rights), conform with the
1948 Universal Declaration of Human Rights of which the United Kingdom is a signatory and
are detailed below. For a full English version of Jersey's Human Rights Act, click here.