Status of Rights

Human Rights Conventions – Their Dynamic Impact on the Rule of Law

Cayman Islands Human Rights Committee Lecture by Lord Anthony Gifford QC. 31^st January 2008

Absence of Constitutional Rights

Notwithstanding the important historical landmarks for human rights in the Cayman Islands, one must not lose sight, however, of the fact that there is still much room for improving the protection of these rights.  With the current constitutional arrangements, where so much is dependent upon the responsiveness of the democratically elected legislature and the receptiveness of the independent judiciary, there are times when human rights remain vulnerable.  In times of emergency, or when a particular fear or prejudice emerges, there are relatively few constitutional restraints on the will of the Legislative Assembly; and in such circumstances, the courts are obliged to follow the law, even if it is adopted in breach of human rights.  For an example of this concern, see the Appendix to the Final Report of the Human Rights Committee in Case 6/06 The “Lifers Case” (Bruce, Dixon B, Dixon L, Powell, Roper & Thomas), at paragraphs 20-23.

Applicability of International Human Rights Treaties

A number of major international human rights treaties have been extended to the Cayman Islands – some for many years – but whilst these may be persuasive in local courts, they are not directly enforceable unless or until they are incorporated into domestic law.

The extension to the Cayman Islands, in early 2006, of the right of individual petition to the European Court of Human Rights is a significant addition to the range of remedies available to people in the Cayman Islands, although even this does not empower local judges to enforce the human rights contained in that Convention.

Constitutional Modernisation and Human Rights

It is for these reasons that the Cayman Islands Human Rights Committee believes that the promotion and protection of human rights in the Cayman Islands would be best served by the inclusion of a chapter on fundamental rights and freedoms in its constitution.  This is not a novel idea.  The Report of the Constitutional Commissioners in 1991 concluded that “there was almost a unanimous request for Fundamental Rights and Freedoms … to be included in the Constitution” and similarly, just over ten years later, in 2002, the Report of Cayman’s own Constitutional Modernisation Review Commissioners found that the inclusion of a Bill of Rights in the Constitution was the issue that attracted the most widespread support in the review process.

Human Rights Symposium

This consensus of support was also evident at the 2001 Human Rights Symposium, hosted in the Cayman Islands by the Chief Justice.  Over 400 delegates attended this four-day event, which unanimously reaffirmed the principles of the Universal Declaration of Human Rights; recognized the traditions of freedom and justice in the Caribbean Region; acknowledged that human rights are the lifeblood of every democratic society; and resolved that it is the duty of governments to promote and protect human rights.

Establishment of the Cayman Islands Human Rights Committee

The creation of a local Human Rights Committee in 2003 and the ratification of its Terms of Reference in January 2006 have provided further impetus for the promotion and protection of human rights throughout the Cayman Islands.

Last Updated: 2008-02-07