European Convention on Human Rights: Protocol 15: Ratification

Information about the publication of Ministerial Decisions

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A decision made 21 June 2013:

Decision Reference: MD-C-2013-0060
Decision Summary Title :	Protocol 15 to the European Convention on Human Rights (ECHR)		Date of Decision Summary:	21st June 2013
Decision Summary Author:	International Affairs		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Protocol 15 to the European Convention on Human Rights (ECHR)		Date of Written Report:	13th June 2013
Written Report Author:	International Affairs		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Protocol 15 to the European Convention on Human Rights (ECHR)
Decision(s): The Deputy Chief Minister decided – (a) in accordance with the agreed policy of the Council of Ministers, to request Her Majesty’s Government to extend to Jersey its ratification of Protocol 15 to the European Convention on Human Rights, and (b) to present the attached Report to the States on the matter.
Reason(s) for Decision: Under Article 63 of the European Convention on Human Rights, the United Kingdom has extended its obligations under the Convention to Jersey. A major recent milestone in the reform of the European Court of Human Rights was the adoption of the ‘Brighton Declaration’ on 20 April 2012 at a ministerial conference of all the States Parties to the Convention. Some parts of the Brighton Declaration require amendment of the Convention itself, and will therefore be given effect by an amending protocol to the Convention; this will be numbered as Protocol 15 to the Convention. Protocol 15 will change how the Court works, and will need to be ratified by all 47 States Parties to the Convention to come into force. When the United Kingdom ratifies Protocol 15, it will therefore do so also on behalf of all the territories to which its Convention obligations extend. Whilst Protocol 15 will have no impact on Jersey’s domestic law, residents of Jersey enjoy the protection of the ECHR and the right to apply to the European Court of Human Rights in the event that they have no remedy for an infringement of their ECHR rights domestically. Protocol 15 will, in particular by reducing the time limit for making applications, tighten the existing restrictions on access to the Court. Protocol 15 is expected to be signed by the UK in the last week of June 2013 and will then be put before Parliament after its summer break to inform it of the United Kingdom’s ratification. As the United Kingdom’s ratification will also be on behalf of all of the territories to which it has extended obligations under the Convention, the Government of Jersey has been requested to confirm that they are content to be included in the ratification.
Resource Implications: There are no manpower or revenue implications arising from this decision.
Action required: The Deputy Chief Minister’s Department shall – (a) forward to the Bailiff a draft official letter to convey to Her Majesty’s Government that the Government of Jersey is content for the United Kingdom to extend to Jersey their ratification of Protocol 15 to the European Convention on Human Rights, and (b) request the Greffier of the States to make the necessary arrangements for the Report to be presented to the States.
Signature:		Position: Deputy Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):