Fundamental Rights…Fundamentally Ours!

Published 7th February 2008, 2:27pm

Almost as a matter of course, any cause seeking to legitimise and affirm its claim now seems to do so by asserting that it is a fundamental human right. Even in international law, where the designation ‘human right’ carries significantly more weight and is therefore applied far more discerningly, there are an array of rights recognised in numerous different treaties and conventions. Whilst all of these rights have their place in an international legal framework, which holds all human rights to be interdependent and of equal value, no domestic constitution anywhere in the world embraces each and every known right. This does not necessarily imply a failure to respect certain rights, as these may be protected perfectly well by the ordinary legal system. What it does indicate however, is that where particular human rights are included in a domestic constitution, these are an expression of the values and aspirations of that country. So what human rights ought to be considered as fundamental in the Cayman Islands and thereby merit inclusion in its constitution? Or, to put it more simply, what rights are "fundamentally ours?"

These are not easy questions to answer. Nor are they questions that the HRC can just impose its view on what the answer ought to be. On the contrary, the HRC sees its role as a facilitator of debate and dialogue, out of which clearer views on the answers to these questions should emerge. To this end, the HRC has arranged a series of presentations and discussions, which have been collectively entitled: "Fundamental Rights…Fundamentally Ours!"

The first event will take place on Thursday 31st January at South Sound Community Centre at 6:00pm. The keynote address at this first session will be delivered by Lord Anthony Gifford Q.C., an internationally renowned human rights advocate. The lecture will focus on how international human rights law, along with advances in other domestic constitutions around the world might be instructive to the development of fundamental rights in the Cayman Islands. Lord Gifford’s human rights work extends to jurisdictions as diverse as South Africa, Northern Ireland, Australia and the United Kingdom. He has also been a Member of human rights missions to Portugal, Greece, Turkey, Morocco, Pakistan, Chile and Grenada. Lord Gifford’s international experience therefore provides an ideal starting point for a series of discussions that are intended to ensure that the people of the Cayman Islands are in the best position to identify the full range of fundamental rights that reflect both the values and aspirations of our Islands.

The second event, scheduled for the 28th February, will narrow the focus and concentrate on the development and evolution of human rights in our region. The HRC has secured the services of the renowned Caribbean jurist, Dr. Lloyd Barnett O.J., who is perfectly placed to discuss the advantages and disadvantages of the fundamental rights chapters contained in the post- colonial constitutions received by most of the region; to comment upon the subsequent interpretation of, and amendments to, these constitutions; and to identify any current movements towards better defining fundamental rights in a Caribbean context.

The third event, which will take place on the 20th March, will be led by the HRC’s Deputy Chair, Vaughan Carter. Drawing upon the work of the HRC, this session will concentrate on human rights in the Cayman Islands. It is important to note here that the absence of fundamental rights in our existing constitutional arrangements, whilst a clear deficit, does not mean that the concepts or principles are alien to the Cayman Islands. Far from it; there are numerous examples that illustrate how human rights are woven into the fabric of our shared history. Having established the relevance of human rights, this session will proceed to distil the outcomes of the first two presentations and lay out some of the options that may be available, all of which should collectively advance the debate on what fundamental rights are "fundamentally ours."

All lectures will take place at South Sound Community Centre and will commence at 6:00pm. Refreshments will be served.

For further information contact: Human Rights Committee