Government of Jersey

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 4 July 2012:

Decision Reference: MD-C-2012-0067
Decision Summary Title :	ICCPR – seventh report 2012		Date of Decision Summary:	22nd June 2012
Decision Summary Author:	International Relations		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	International Covenant on Civil and Political Rights - Seventh periodic report from the Bailiwick of Jersey		Date of Written Report:	22nd June 2012
Written Report Author:	International Relations		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: International Covenant on Civil and Political Rights (ICCPR) - Seventh Periodic Report from the Bailiwick of Jersey
Decision(s): The Chief Minister decided – to approve the draft submission from the Bailiwick of Jersey to the seventh periodic report on the International Covenant on Civil and Political Rights (ICCPR); and that it should be conveyed to the United Kingdom Ministry of Justice through the official channel.
Reason(s) for Decision: The International Covenant on Civil and Political Rights (www2.ohchr.org/english/law/ccpr.htm) is a treaty which all UN member states have signed and ratified, which along with another covenant on social and economic rights, creates binding human rights. The Covenant was extended to Jersey at the same time as United Kingdom ratification on 20th May 1976. When a country signs up to the covenant, it provides an initial report which describes the extent to which rights are protected in their territories. The UN Human Rights Committee then examines the member state against this initial report and makes observations (recommendations) to encourage it to bring itself into full compliance with all the rights. From then on, periodic reviews are conducted every 4 years. The Bailiwick of Jersey is required to contribute to the UK’s periodic report to track progress against recommendations and to ensure that protection is maintained. The seventh periodic report for the International Covenant on Civil and Political Rights is due to be submitted to the UN in mid-July. The attached table provides Jersey’s responses to the relevant observations made by the UN Human Rights Committee on the previous report and updates on changes to Jersey’s compliance with the Covenant or the information submitted previously. The draft report has been prepared by the Chief Minister’s Department as a consolidated document in the format requested by the Ministry of Justice, in consultation with the Law Officers, Home Affairs, Education, Health and Social Services, and Social Security Departments.
Resource Implications: There are no resource implications arising directly from this report.
Action required: The Chief Minister is requested to approve the draft report. International Relations shall prepare a draft official latter, attaching the report, to be conveyed to the UK Ministry of Justice.
Signature:		Position: Senator I.J. Gorst Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

International Covenant on Civil and Political Rights (ICCPR) - Seventh Periodic Report from Bailwick of Jersey

International Covenant on Civil and Political Rights (ICCPR) - Seventh Periodic Report from the Bailiwick of Jersey

The following is a consolidation of information submitted by the Bailiwick of Jersey in the Sixth Periodic Report from the United Kingdom, the British Overseas Territories, the Crown Dependencies (CDs) on the International Covenant on Civil and Political Rights (ICCPR). This consolidation is being produced in order to prepare the Seventh Periodic Report, which must be submitted this year.

The following tables present the relevant submissions made with respect to each Article of the ICCPR, any relevant Human Rights Committee (HRC) Observations requiring response since the sixth periodic report, the information submitted for the Jersey sixth periodic report (originally annexed to the UK’s report), and a column for new submissions for the seventh periodic report.

This is then followed by the Bailiwick of Jersey’s responses to the HRC’s observations from the previous (fifth) periodic report. The HRC’s observations will not be dealt with in a separate section this year, but we must check that submissions made in the previous report remain true. If revisions prove necessary, these will be consolidated into a single section.

Submissions must be comprehensive but concise. They aim to provide an examination of the progress made towards, and the current situation concerning, the enjoyment of Covenant rights by persons in the Bailiwick of Jersey. They do not reproduce the material published in the UK Core Document (HRI/CORE/GBR/2010). As far as possible, submissions stand alone and do not rely on cross references with other sections or documents except the UK Core Document. Guidelines for the production of these submissions have been released as “Guidelines for the treaty-specific document to be submitted by States parties under article 40 of the International Covenant on Civil and Political Rights” (CCPR/C/2009/1). Reference the specific paragraphs covering each article, where available, are provided in the table.

The following table provides an update on the previous report for publication in the Seventh report. Any relevant HRC observations from the Sixth report are addressed together with an update on responses submitted to the HRC’s observations to the fifth periodic report if necessary.

Contents

Article: 1 – Self determination

Article: 2 & 26 – Non-discrimination and equality before the law

Article: 3 – Gender equality

Article: 4 – Derogation

Article: 5 – Interpretation

Article: 6 – Right to life

Article: 7 – Prohibition of torture and cruel, inhuman or degrading treatment

Article: 8 – Slavery and forced labour

Article: 9 – Liberty and security

Article: 10 – Treatment of detainees

Article: 11 – Inability to fulfil a contract

Article: 12 – Freedom of movement

Article: 13 – Expulsion of aliens

Article: 14 – Procedural Guarantees

Article: 15 – Retrospective punishment

Article: 16 – Recognition as a person

Article: 17 – Privacy

Article: 18 – Freedom of thought

Article: 19 – Freedom of opinion

Article: 20 – War propaganda and incitement to discrimination

Article: 21 – Freedom of assembly

Article: 22 – Freedom of association

Article: 23 – Family and marriage

Article: 24 – Rights of children

Article: 25 – Rights of citizens

Article: 27 – Rights of minorities

Responses to HRC Observation from fifth periodic report – updates where necessary

Article: 1 – Self determination 1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. 2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence. 3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.
HRC Observation to consider: none
HRC Guideline reference: paragraph 28
Sixth report submission (section 2(b) of UK report)	Seventh report submission
No further developments to report under this Article.	Since the last report prepared by the State Party, the United Kingdom Secretary of State for Constitutional Affairs and the Chief Minister of Jersey have signed a document which sets out a framework for developing Jersey’s international identity. An extract from the document states: “The framework is intended to clarify the constitutional relationship between the UK and Jersey, which works well and within which methods are evolving to help achieve the mutual interests of both the UK and Jersey. 1. The UK has no democratic accountability in and for Jersey which is governed by its own democratically elected assembly. In the context of the UK’s responsibility for Jersey’s international relations it is understood that - The UK will not act internationally on behalf of Jersey without prior consultation. The UK recognises that the interests of Jersey may differ from those of the UK, and the UK will seek to represent any differing interests when acting in an international capacity. This is particularly evident in respect of the relationship with the European Union where the UK interests can be expected to be those of an EU member state and the interests of Jersey can be expected to reflect the fact that the UK’s membership of the EU only extends to Jersey in certain circumstances as set out in Protocol 3 of the UK’s Treaty of Accession. 2. Jersey has an international identity which is different from that of the UK. 3. The UK recognises that Jersey is a long-standing, small democracy and supports the principle of Jersey further developing its international identity.”
Sixth report submission (Bailiwick of Jersey report – Annex A)
There are no further developments to report under this Article.

Article: 2 & 26 – Non-discrimination and equality before the law Article 2 1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant. 3. Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted. Article 26 All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
HRC Observation to consider: The State party should ensure that all rights protected under the Covenant are given effect in domestic law and should make efforts to ensure that judges are familiar with the provisions of the Covenant. It should consider, as a priority, accession to the Optional Protocol to the Covenant. (paragraph 6) The State party should reconsider, with a view to strengthening, its efforts to encourage increased representation of women and ethnic minorities in the judiciary. The State party should monitor progress in this regard. (paragraph 8) The State party should investigate allegations related to transit through its territory of rendition flights and establish an inspection system to ensure that its airports are not used for such purposes. (paragraph 13) The State party should take energetic measures in order to combat and eliminate this phenomenon, and ensure that the authors of acts of discrimination on the basis of religion are adequately deterred and sanctioned. The State party should ensure that the fight against terrorism does not lead to raising suspicion against all Muslims. (paragraph 16) The State party should ensure that stop and search powers are exercised in a non-discriminatory manner. To that end, the State party should undertake a review of stop and search powers under section 44 of the Terrorism Act 2000. (paragraph 29)
HRC Guideline reference: paragraphs 29-38
Sixth report submission (section 2(b) of UK report)	Seventh report submission
See the response to Paragraphs 8, 9, 14, 16 and 18 of the Concluding Observations (Part 2(b))	Jersey respectfully notes the observations of the Committee and will continue to give consideration from time to time to introducing the Covenant into the domestic law of the Island. However, at this time, there is no intention of doing so. The Government of Jersey has previously indicated it intended to bring into force a new Discrimination (Jersey) Law which would include provisions to enable protection from discrimination in a number of areas, including racial discrimination. Whilst the aim was to implement the Law by the end of 2011, with subsequent introduction of racial discrimination Regulations, this has not proved possible. The reasons for a delay include a review, following further consultation in 2008, of the mechanisms for implementing and enforcement of the Law and the resource implications of such mechanisms. Further consideration is being given to extending the Law to other forms of discrimination including the timetable and order in which such protection should be introduced. In addition, following introduction of the United Kingdom’s Equality Act 2010, which draws together and harmonises provisions relating to several different areas of discrimination, it has been decided to have regard to this Act in formulation of the Jersey Law. Notwithstanding the above considerations, in July 2011, the States of Jersey unanimously resolved to bring forward draft anti-discrimination legislation, with adequate funding, for debate by the end of 2012. Furthermore, it was decided that after the Law has been registered, draft Regulations should be presented for debate to cover discrimination on the grounds of race, disability, sex and age. The government of Jersey regrets the delay in introducing legislation in accordance with the Committee’s recommendation. However, Ministers are collectively committed to seeing a new Discrimination Law come to a conclusion and to having in place effective statutory provisions to prohibit and prevent racial discrimination by any persons, group or organization. Gender Recognition (Jersey) Law In February 2009 the States of Jersey adopted the Gender Recognition (Jersey) Law 2010, which came into force on 21 May 2010. This Law provides for the legal recognition in Jersey of changes in gender by transsexual people so that they may enjoy any rights conferred by the law of Jersey on people of their acquired gender. Succession Rights for Children Born out of Wedlock In March 2010, the States of Jersey adopted an amendment to the Wills and Successions (Jersey) Law 1993, to confer on an illegitimate child the same rights of succession as if he or she were legitimate. Similarly, the rules as to succession to the estate of an illegitimate child are replaced with a rule that the succession is the same as if the child were legitimate, and any right of succession that is traced through an illegitimate child is to be traced as if the child were legitimate. The amendment came into force on 29 January 2011. Civil Partnerships (Jersey) Law In October 2009, the States of Jersey agreed that same-sex couples should be permitted to enter into a Civil Partnership. The Civil Partnerships (Jersey) Law 2012 came into force on 2 April 2012. This new legal relationship in Jersey, so far as is possible, gives same sex couples the same rights and responsibilities as married couples.
Sixth report submission (Bailiwick of Jersey report – Annex A)
Article 2 Paragraph 8: “The Committee strongly urges the State party to ensure that all Covenant rights are given effect in domestic law (art. 2).” Jersey will continue to give consideration from time to time to introducing the Covenant into the domestic law of the island but has no present intention of doing so. However, the Covenant rights receive consideration in the drafting of new legislation which is put before the States Assembly for its approval. Article 26 Paragraph 18. “The Committee recommends that the authorities complete the current process of enacting legislation outlawing all racial discrimination. In accordance with article 26, the authorities should also promulgate legislation which prohibits any discrimination and guarantees to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” Draft Discrimination (Jersey) Law On May 14th 2002 the States of Jersey voted, overwhelmingly, in favour of a proposal for the preparation of a Race Discrimination Law. On further consideration it was decided that it would be desirable to bring forward legislation which would promote not only the elimination of racial discrimination, but also other forms of discrimination. A public consultation paper published in July 2006 promoted the idea of an over-arching enabling law and the introduction, in the first instance, of protection from race discrimination. The consultation period closes in October 2006. The Discrimination Law is designed to establish the areas in which discrimination should not be tolerated. It will protect anyone who suffers a detriment as a result of discrimination or a range of prohibited acts such as victimisation, unlawful advertising, harassment and other discriminatory practices in certain conditions, and will provide an enforcement mechanism for complaints brought under the Law. It is proposed that the scope of the law should extend to employment, including selection for employment, treatment of employees, contract workers, partnerships, professional or trade organisations, professional bodies and vocational training, and also discrimination in education, provision of goods, facilities and services, access to and use of public premises, disposal or management of premises and membership of clubs. The first phase of discrimination legislation to be introduced in 2007 would comprise the principal Law together with Regulations to prohibit discrimination on the grounds of race, including colour, race, nationality, ethnic origin or national origin. Future legislation in Jersey will provide, as a minimum, further protection from discrimination on the grounds of sex, gender, sexual orientation, transsexuality, disability and age. However it is recognised that it is important to keep in perspective the need for legislation versus the size of the Island and the impact that legislation will have on resources. In order to achieve a wide range of protection and the necessary balance the legislation will need to be introduced in phases to allow for proper consultation and education about the effect of the law. Succession Rights for Children Born out of Wedlock A number of consultative documents have been issued but on 11 November 2003, the States Assembly approved in principle the following proposals – (a) to repeal the laws of succession so as to allow any person to dispose of moveable estate by will as he/she sees fit, subject to paragraph (b) below; (b) to create a jurisdiction in the Royal Court to make such order as it thinks fit in the administration of the moveable estate as provides a proper sum out of the estate for the maintenance and support of the dependents of the deceased; (c) to provide a new Law for succession to moveable estate on intestacy the result of which will be to confer a share on the surviving spouse and another share on all the children of the deceased whether legitimate or illegitimate in equal shares; and (d) to provide protection for executors and administrators dealing with the administration of the estate of the deceased in good faith. A draft law has been prepared and is under consideration. It is anticipated that the draft may be presented to the Assembly of the States of Jersey during 2007.

Article: 3 – Gender equality The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.
HRC Observation to consider: The State party should reconsider, with a view to strengthening, its efforts to encourage increased representation of women and ethnic minorities in the judiciary. The State party should monitor progress in this regard. (paragraph 8)
HRC Guideline reference: no specific paragraph
Sixth report submission (section 2(b) of UK report)	Seventh report submission
See the response to Paragraph 16 of the Concluding Observations (Part 2(b)).	No further developments to report under this Article.
Sixth report submission (Bailiwick of Jersey report – Annex A)
Paragraph 16. “The Committee notes that consideration has been given in Jersey to amending the Separation and Maintenance Orders (Jersey) Law 1953 and recommends that all three jurisdictions introduce legislation and other effective measures to prohibit discrimination between women and men (arts. 3 and 26).” The Separation and Maintenance Orders (Jersey) Law 1953 empowers the Petty Debts Court to make orders with respect to the separation of married persons, and the maintenance of either party to and the children of the marriage. On 20th October 2000, the Separation and Maintenance Orders (Amendment No. 2) (Jersey) Law 2000 came into force. It provided for the jurisdiction of the Court to be exercised on an equal footing between either party to the marriage.

Article: 4 – Derogation 1 . In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin. 2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision. 3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other States Parties to the present Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such derogation.
HRC Observation to consider: None
HRC Guideline reference: paragraphs 39-44
Sixth report submission (section 2(b) of UK report)	Seventh report submission
There have been no significant changes in respect of this Article	No further developments to report under this Article.
Sixth report submission (Bailiwick of Jersey report – Annex A)
There have been no significant changes in respect of this Article

Article: 5 – Interpretation 1. Nothing in the present Covenant 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 recognized herein or at their limitation to a greater extent than is provided for in the present Covenant. 2. There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.
HRC Observation to consider: None
HRC Guideline reference: no specific paragraph
Sixth report submission (section 2(b) of UK report)	Seventh report submission
No further developments to report.	No further developments to report under this Article
Sixth report submission (Bailiwick of Jersey report – Annex A)
There have been no significant changes in respect of this Article.

Article: 6 – Right to life 1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. 2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court. 3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide. 4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases. 5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women. 6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.
HRC Observation to consider: None
HRC Guideline reference: paragraphs 45-48
Sixth report submission (section 2(b) of UK report)	Seventh report submission
See response on Article 2	No further developments to report under this Article.
Sixth report submission (Bailiwick of Jersey report – Annex A)
See report relating to Article 2 above.

Article: 7 – Prohibition of torture and cruel, inhuman or degrading treatment No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.
HRC Observation to consider: The State party should investigate allegations related to transit through its territory of rendition flights and establish an inspection system to ensure that its airports are not used for such purposes. (paragraph 13) The State party should expressly prohibit corporal punishment of children in all schools in all British Overseas Territories and Crown Dependencies. (paragraph 27)
HRC Guideline reference: paragraphs 49-54
Sixth report submission (section 2(b) of UK report)	Seventh report submission
See response on Article 2	The legislative powers in the Education (Jersey) Law 1999 have enabled corporal punishment in schools to be prohibited by the Minister for Education. However, by way of an Act issued by the States of Jersey Education Committee on 10 December 1986, the use of corporal punishment by teachers in all States schools and private schools in Jersey is prohibited. Corporal punishment of a child is treated as a criminal assault. A defence that the corporal punishment was reasonable, as provided by Article 79 of the Children (Jersey) Law 2002, can only be raised by a parent or a relative, or someone else with care of the child who has permission of the parent, and where no more than a hand is used.
Sixth report submission (Bailiwick of Jersey report – Annex A)
See report relating to Article 2 above.

Article: 8 – Slavery and forced labour 1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited. 2. No one shall be held in servitude. 3. (a) No one shall be required to perform forced or compulsory labour; (b) Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent court; (c) For the purpose of this paragraph the term "forced or compulsory labour" shall not include: (i) Any work or service, not referred to in subparagraph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention; (ii) Any service of a military character and, in countries where conscientious objection is recognized, any national service required by law of conscientious objectors; (iii) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community; (iv) Any work or service which forms part of normal civil obligations.
HRC Observation to consider: None
HRC Guideline reference: paragraphs 55-57
Sixth report submission (section 2(b) of UK report)	Seventh report submission
See response on Article 2	No further developments to report under this Article.
Sixth report submission (Bailiwick of Jersey report – Annex A)
See report relating to Article 2 above.

Article: 9 – Liberty and security

1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.

3. Anyone arrested or detained on a criminal charge 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. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.

4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.

5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

HRC Observation to consider:

The State party should review the control order regime established under the Prevention of Terrorism Act 2005 in order to ensure that it is in conformity with the provisions of the Covenant. In particular, it should ensure that the judicial procedure whereby the imposition of a control order can be challenged complies with the principle of equality of arms, which requires access by the concerned person and the legal counsel of his own choice to the evidence on which the control order is made. The State party should also ensure that those subjected to control orders are promptly charged with a criminal offence. (paragraph 17).

The State party should ensure that anyone arrested or detained on a criminal charge, including persons suspected of terrorism, has immediate access to a lawyer. (paragraph 19).

The State party should review its detention policy with regard to asylum seekers, especially children. It should take immediate and effective measures to ensure that all asylum-seekers who are detained pending deportation are held in centres specifically designed for that purpose, should consider alternatives to detention, and should end the detention of asylum-seekers in prisons. It should also ensure that asylum-seekers have full access to early and free legal representation so that their rights under the Covenant receive full protection. It should provide appropriate detention facilities in Northern Ireland for persons facing deportation. (paragraph 21).

HRC Guideline reference: paragraphs 58-63

Sixth report submission (section 2(b) of UK report)

Seventh report submission

See the response to Paragraph 12 of the Concluding Observations (Part 2(b))

No further developments to report under this Article.

Sixth report submission (Bailiwick of Jersey report – Annex A)

Paragraph 12: “The Committee notes the information provided by the delegation that steps are being taken in the United Kingdom to ensure that its anti-terrorism laws comply with article 9 of the Covenant, and urges Jersey, Guernsey and the Isle of Man to take corresponding measures.”

Although the United Kingdom has maintained the reservation to this Article in respect of Jersey, the Island has enacted provisions of similar effect to the Terrorism Act 2000 by the Terrorism (Jersey) Law 2002, and subsequently has requested the United Kingdom to withdraw the reservation.

Article: 10 – Treatment of detainees 1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. 2. (a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons; (b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication. 3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status.
HRC Observation to consider: The State party should review its detention policy with regard to asylum seekers, especially children. It should take immediate and effective measures to ensure that all asylum-seekers who are detained pending deportation are held in centres specifically designed for that purpose, should consider alternatives to detention, and should end the detention of asylum-seekers in prisons. It should also ensure that asylum-seekers have full access to early and free legal representation so that their rights under the Covenant receive full protection. It should provide appropriate detention facilities in Northern Ireland for persons facing deportation. (paragraph 21)
HRC Guideline reference: paragraphs 64-69
Sixth report submission (section 2(b) of UK report)	Seventh report submission
There are no further developments under this Article.	During 2010, the Bailiwick of Jersey received a periodic visit by the Council of Europe Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (ECPT). The Committee visited a number of places of detention and found no evidence of ill-treatment or abuse. The Committee made a number of positive observations and certain recommendations which have been acted on or are receiving consideration. The ECPT made recommendations relating to certain procedures and policy matters which could readily be addressed or have received consideration by the relevant authorities, However, the ECPT considered that detention facilities in the Police Station were not compliant with the European Convention. Since then active progress has been made to relocate the Police Station to a new purpose-built facility which will meet international standards for detention. The ECPT also recommended that the Jersey authorities take necessary steps to ensure that all juveniles deprived of their liberty in Jersey are held in an appropriate centre for this age group. In view of the practical difficulties in a small island of creating a dedicated facility to manage the infrequent occurrence of juvenile detentions, the Jersey authorities are actively considering the legislative changes required to ensure that juveniles are located in the facility most appropriate for their care.
Sixth report submission (Bailiwick of Jersey report – Annex A)
There are no further developments under this Article.

Article: 11 – Inability to fulfil a contract No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation.
HRC Observation to consider: None
HRC Guideline reference: paragraph 70
Sixth report submission (section 2(b) of UK report)	Seventh report submission
See the response to Paragraph 13 the Concluding Observations (Part 2(b)).	The United Kingdom Government has indicated its unwillingness to support the withdrawal of the derogation in relation to article 11 in reliance only on the Royal Court case law cited; Benest v. Le Maistre [1998 JLR 213], and maintains that amending legislation is a pre-requisite. The Government of Jersey’s Legislation Advisory Panel is therefore considering whether to initiate such legislation or to reiterate its earlier position that there is now adequate protection to ensure that the United Kingdom will not be in breach of the Covenant.
Sixth report submission (Bailiwick of Jersey report – Annex A)
Paragraph 13: “The Committee recommends that the authorities in Jersey consider amending relevant legislation to enable a withdrawal of the reservation to article 11 of the Covenant.” As a result of the Court of Appeal decision in the case of Benest v. Le Maistre [1998 JLR 213] the Royal Court is bound to exercise its discretion in relation to an application for an acte à peine de prison having regard to the provisions of article 11 of ICCPR. Thus there is now adequate protection to ensure that the United Kingdom will not be in breach of the Covenant if the derogation is removed. Consequently, the derogation on behalf of Jersey in relation to article 11 ICCPR is no longer required and a formal request to the United Kingdom that it withdraws its derogation entered on Jersey’s behalf in relation to article 11 has been made.

Article: 12 – Freedom of movement 1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence. 2. Everyone shall be free to leave any country, including his own. 3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant. 4. No one shall be arbitrarily deprived of the right to enter his own country.
HRC Observation to consider: The State party should review its detention policy with regard to asylum seekers, especially children. It should take immediate and effective measures to ensure that all asylum-seekers who are detained pending deportation are held in centres specifically designed for that purpose, should consider alternatives to detention, and should end the detention of asylum-seekers in prisons. It should also ensure that asylum-seekers have full access to early and free legal representation so that their rights under the Covenant receive full protection. It should provide appropriate detention facilities in Northern Ireland for persons facing deportation. (paragraph 21).
HRC Guideline reference: paragraph 71
Sixth report submission (section 2(b) of UK report)	Seventh report submission
There are no further developments to report under this Article	No further developments to report under this Article.
Sixth report submission (Bailiwick of Jersey report – Annex A)
There are no further developments to report under these Articles.

Article: 13 – Expulsion of aliens An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority.
HRC Observation to consider: None
HRC Guideline reference: paragraph 72
Sixth report submission (section 2(b) of UK report)	Seventh report submission
There are no further developments to report under this Article	No further developments to report under this Article.
Sixth report submission (Bailiwick of Jersey report – Annex A)
There are no further developments to report under this Article

Article: 14 – Procedural Guarantees 1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children. 2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. 3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; (c) To be tried without undue delay; (d) To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it; (e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court; (g) Not to be compelled to testify against himself or to confess guilt. 4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. 5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law. 6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he 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. 7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.
HRC Observation to consider: The State party should investigate allegations related to transit through its territory of rendition flights and establish an inspection system to ensure that its airports are not used for such purposes. (paragraph 13). The State party should review the control order regime established under the Prevention of Terrorism Act 2005 in order to ensure that it is in conformity with the provisions of the Covenant. In particular, it should ensure that the judicial procedure whereby the imposition of a control order can be challenged complies with the principle of equality of arms, which requires access by the concerned person and the legal counsel of his own choice to the evidence on which the control order is made. The State party should also ensure that those subjected to control orders are promptly charged with a criminal offence. (paragraph 17). The State party should carefully monitor, on an ongoing basis, whether the exigencies of the situation in Northern Ireland continue to justify any such distinctions with a view to abolishing them. In particular, it should ensure that, for each case that is certified by the Director of Public Prosecutions for Northern Ireland as requiring a non-jury trial, objective and reasonable grounds are provided and that there is a right to challenge these grounds. (paragraph 18) The State party should ensure that anyone arrested or detained on a criminal charge, including persons suspected of terrorism, has immediate access to a lawyer. (paragraph 19) The State party should review its legislation on anti-social behaviour orders (ASBOs), including the definition of anti-social behaviour, in order to ensure that it complies with the provisions of the Covenant. In particular, the State party should ensure that young children are not detained as a result of breaching the conditions of their ASBOs and that the privacy rights of children and adults subject to ASBOs are respected. (paragraph 20)
HRC Guideline reference: paragraphs 73-74
Sixth report submission (section 2(b) of UK report)	Seventh report submission
There are no further developments to report under this Article	No further developments to report under this Article.
Sixth report submission (Bailiwick of Jersey report – Annex A)
There are no further developments to report under this Article

Article: 15 – Retrospective punishment 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 when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby. 2. Nothing in this article shall 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 recognized by the community of nations.
HRC Observation to consider: None
HRC Guideline reference: paragraphs 75-77
Sixth report submission (section 2(b) of UK report)	Seventh report submission
There are no further developments to report under this Article	No further developments to report under this Article.
Sixth report submission (Bailiwick of Jersey report – Annex A)
There are no further developments to report under this Article

Article: 16 – Recognition as a person Everyone shall have the right to recognition everywhere as a person before the law.
HRC Observation to consider: None
HRC Guideline reference: paragraphs 78-79
Sixth report submission (section 2(b) of UK report)	Seventh report submission
There are no further developments to report under this Article	No further developments to report under this Article.
Sixth report submission (Bailiwick of Jersey report – Annex A)
There are no further developments to report under this Article

Article: 17 – Privacy 1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. 2. Everyone has the right to the protection of the law against such interference or attacks.
HRC Observation to consider: The State party should review the law on deportation in the Cayman Islands in order to bring it into conformity with the provisions of the Covenant. (para 23). The State party should ensure that its powers to protect information genuinely related to matters of national security are narrowly utilized and limited to instances where the release of such information would be harmful to national security. (paragraph 24)
HRC Guideline reference: paragraphs 80-82
Sixth report submission (section 2(b) of UK report)	Seventh report submission
See the response to Paragraph 14 of the Concluding Observations (Part 2(b)).	In July 2011, the States of Jersey unanimously resolved to bring forward draft anti-discrimination legislation, with adequate funding, for debate by the end of 2012. Furthermore, it was decided that after the Law has been registered, draft Regulations should be presented for debate to cover discrimination on the grounds of race, disability, sex and age. Consideration is being given to the timescale in which the Law would be extended to forms of discrimination other than race. Measures in respect of sexual orientation may be proposed as part of the sex discrimination regulations, or as a separate measure.
Sixth report submission (Bailiwick of Jersey report – Annex A)
Paragraph 14: “The Committee recommends that measures be taken to remove and prohibit any discrimination on grounds of sexual orientation (arts. 17 and 26).” On 5th July 2006 the States passed the Sexual Offences (Jersey) Law 200- which when it comes into force will, amongst other things, reform the law relating to the circumstances in which anal sex is lawful by removing the discrimination between the sexes. Thus, it will no longer be an offence at customary law for two consenting persons, both aged 16 or more, to engage in an act of sodomy in private. Furthermore, no offence will be committed by a person under the age of 16 who engages in an act of sodomy with a person aged 16 or more (but an act of sodomy committed in a public lavatory will still be treated as having been committed in public). In addition, work is actively being progressed on the introduction of a new Discrimination (Jersey) Law, which it is hoped will be put before the Assembly of the States of Jersey in 2006 (see report in relation to Article 26). It is intended that during 2007, public consultation will take place on legislation to prohibit sex discrimination, on grounds of gender, sexual orientation and transsexuality.

Article: 18 – Freedom of thought 1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching. 2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice. 3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others. 4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.
HRC Observation to consider: The State party should take energetic measures in order to combat and eliminate this phenomenon, and ensure that the authors of acts of discrimination on the basis of religion are adequately deterred and sanctioned. The State party should ensure that the fight against terrorism does not lead to raising suspicion against all Muslims. (paragraph 16)
HRC Guideline reference: paragraphs 83-84
Sixth report submission (section 2(b) of UK report)	Seventh report submission
See the response to Paragraphs 8 and 9 of the Concluding Observations (Part 2(b)).	No further developments to report under this Article.
Sixth report submission (Bailiwick of Jersey report – Annex A)
There is nothing to add to comments set out in previous reports.

Article: 19 – Freedom of opinion 1. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. 3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals.
HRC Observation to consider: The State party should ensure that its powers to protect information genuinely related to matters of national security are narrowly utilized and limited to instances where the release of such information would be harmful to national security. (paragraph 24) The State party should re-examine its technical doctrines of libel law, and consider the utility of a so-called "public figure" exception, requiring proof by the plaintiff of actual malice in order to go forward on actions concerning reporting on public officials and prominent public figures, as well as limiting the requirement that defendants reimburse a plaintiff's lawyers fees and costs regardless of scale, including Conditional Fee Agreements and so-called "success fees", especially insofar as these may have forced defendant publications to settle without airing valid defences. The ability to resolve cases through enhanced pleading requirements (e.g., requiring a plaintiff to make some preliminary showing of falsity and absence of ordinary journalistic standards) might also be considered. (paragraph 25) The State party should consider amending that part of section 1 of the Terrorism Act 2006 dealing with “encouragement of terrorism” so that its application does not lead to a disproportionate interference with freedom of expression. (paragraph 26)
HRC Guideline reference: paragraphs 85-87
Sixth report submission (section 2(b) of UK report)	Seventh report submission
See the response to Paragraphs 8 and 9 of the Concluding Observations (Part 2(b)).	No further developments to report under this Article.
Sixth report submission (Bailiwick of Jersey report – Annex A)
There is nothing to add to comments set out in previous reports.

Article: 20 – War propaganda and incitement to discrimination 1. Any propaganda for war shall be prohibited by law. 2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.
HRC Observation to consider: None
HRC Guideline reference: paragraphs 88-89
Sixth report submission (section 2(b) of UK report)	Seventh report submission
Crime (Racial Hatred) (Jersey) Law In 2002, the States of Jersey resolved to create a criminal offence for acts involving incitement to racial hatred. Proposals for a crime (Racial Hatred) (Jersey) Law are to be brought to the Assembly of the States of Jersey for debate in 2006. This legislation will create a criminal offence of using threatening, abusive or insulting behaviour, words or written material with the intention of, or with the likelihood of, stirring up racial hatred, and may include provision regarding acts of violence against racial groups. The provisions will also extend, subject to certain defences, to publishing or distributing material, showing or playing a recording of visual images, broadcasting, and public performance of a play. Possession of racially inflammatory material with a view to carrying out any of the above actions will also be an offence. Subject to the adoption of the draft Law by the States, it is hoped the legislation would be brought into force during 2007. It is proposed to address the issue of racial hatred in this way, as a discrete piece of legislation separate from the Discrimination Law (see response to Paragraph 18 of the Concluding Observations – Part 2(b)) because enforcement of the law will involve criminal sanctions rather than civil penalties. It is already the position that in cases brought before the courts under the existing criminal law, the court takes into account when considering the appropriate sentence any racially aggravating characteristics of the offence. That has been the position for many years. The new Law would provide additional protection against racist behaviour by the creation of the new criminal offences.	In the context of Jersey’s community, the draft Crime (Racial Hatred) (Jersey) Law is currently not considered to be an urgent priority. Progress is in abeyance pending a further commitment to advance this legislation.
Sixth report submission (Bailiwick of Jersey report – Annex A)
There is nothing to add to comments set out in previous reports.

Article: 21 – Freedom of assembly The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.
HRC Observation to consider: None
HRC Guideline reference: paragraph 90
Sixth report submission (section 2(b) of UK report)	Seventh report submission
There are no further developments to report under this Article.	No further developments to report under this Article.
Sixth report submission (Bailiwick of Jersey report – Annex A)
There are no further developments to report under this Article.

Article: 22 – Freedom of association 1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests. 2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right. 3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention.
HRC Observation to consider: None
HRC Guideline reference: paragraphs 90-94
Sixth report submission (section 2(b) of UK report)	Seventh report submission
Following extensive public consultation on a framework for good industrial relations in Jersey, the Employment and Social Security Committee lodged a Report in 2002 on Employment Relations Legislation. A draft Employment Relations Law was prepared, which the Committee released for public consultation in September 2004. Simultaneously the Employment Forum released a consultation document on the content of the codes of practice to accompany the draft Law. The draft Law was adopted by the States Assembly on 17 May 2005. Royal assent is awaited. Amongst other matters, the draft Law will clarify the status of trade unions bodies as legal entities, with a definition wide enough to cover most trade unions, employer associations and staff associations. The Law will afford them the legal rights or responsibilities of other legal entities, and will clarify the obligations and immunities of trade unions and employers’ associations, and their officials and members. The new legislation is considered to be consistent with and promote the rights guaranteed under the International Labour Organisation Convention of 1948 to the extent that the island is bound by it. The comments set out in the first report continue to apply. There are no political parties in the Bailiwick but no restrictions exist which would prevent the establishment thereof if it was desired to do so.	The Employment Relations (Jersey) Law 2007 came into force on 21 January 2008. The main aims of the Law are to: Provide a system of legal identification and registration of trade unions and employer associations and to give such bodies legal status. Create a legal dispute resolution process which supports and develops good industrial relations, with the aim of reducing the likelihood of disputes and enabling early resolution of disputes where they occur, using the Employment Tribunal where necessary. Support codes of practice to describe good and reasonable employment relations practice. In preparing the Codes of practice, regard has been given to Jersey’s international obligations, including under the Human Rights (Jersey) Law 2000 and International Labour Organisation (ILO) Conventions No.98 - Right to Organise and Collective Bargaining, and No. 87 - Freedom of Association and Protection of the Right to Organise.
Sixth report submission (Bailiwick of Jersey report – Annex A)
The comments set out in the first report continue to apply. There are no political parties in the Bailiwick but no restrictions exist which would prevent the establishment thereof if it was desired to do so.

Article: 23 – Family and marriage 1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. 2. The right of men and women of marriageable age to marry and to found a family shall be recognized. 3. No marriage shall be entered into without the free and full consent of the intending spouses. 4. States Parties to the present Covenant shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children.
HRC Observation to consider: The State party should review the law on deportation in the Cayman Islands in order to bring it into conformity with the provisions of the Covenant.
HRC Guideline reference: paragraph 95
Sixth report submission (section 2(b) of UK report)	Seventh report submission
Marriage and Civil Status (Jersey) Law The Marriage and Civil Status (Jersey) Law 2001 was brought into force on 1 May 2002. It replaced the Loi (1842) sur l’Etat Civil and is designed to update the procedures for the registration of births, deaths and marriages. The changes introduced by this Law will be of benefit to a wide cross-section of the community. The new Law provides for the conduct of civil marriages in approved venues other than the Register Office, and will allow ministers and priests of all churches to celebrate marriages in their churches without the parish registrar being present. It will also provide couples with a wider choice of location in which to marry. The Law also updates and introduces improved provisions relating to the rights and responsibilities regarding registration of births . The Matrimonial Causes (Guernsey) (Amendment) Law, 2003 allows the Matrimonial Causes division of the Royal Court to make interim occupation orders in respect of the matrimonial home. It also makes provision in respect of wage arrests to support maintenance orders. Subject to that, there is nothing to add to comments set out in previous reports. There are no factors or difficulties which prevent the free disposal of a person's natural wealth and resources during his lifetime. Certain restrictions apply to dispositions after death the purpose of which is to protect the rights of the surviving spouse and children. In April 2003 the States of Guernsey appointed a committee to carry out a comprehensive review of the Island’s laws of inheritance. The review includes, but is not restricted to (a) illegitimacy and intestate inheritance, and (b) unascertained heirs to real property. Pursuant to that review the States of Deliberation will in September 2006 consider the Law Reform (Inheritance and Miscellaneous Provisions) (Guernsey) Law, 2006. In our previous report it was stated that on the Island of Sark realty devolved to the eldest son. Under the Real Property (Succession) (Sark) Law, 1999 all rules of law or custom under which, for the purposes of succession to real property, males were preferred to females, were abolished.	No further developments to report under this Article.
Sixth report submission (Bailiwick of Jersey report – Annex A)

Article: 24 – Rights of children 1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State. 2. Every child shall be registered immediately after birth and shall have a name. 3. Every child has the right to acquire a nationality.
HRC Observation to consider: The State party should review its detention policy with regard to asylum seekers, especially children. It should take immediate and effective measures to ensure that all asylum-seekers who are detained pending deportation are held in centres specifically designed for that purpose, should consider alternatives to detention, and should end the detention of asylum-seekers in prisons. It should also ensure that asylum-seekers have full access to early and free legal representation so that their rights under the Covenant receive full protection. It should provide appropriate detention facilities in Northern Ireland for persons facing deportation. (paragraph 21) The State party should expressly prohibit corporal punishment of children in all schools in all British Overseas Territories and Crown Dependencies. (paragraph 27)
HRC Guideline reference: paragraphs 96-98
Sixth report submission (section 2(b) of UK report)	Seventh report submission
See the response to Article 23	The States of Jersey have resolved to request the United Kingdom to extend to Jersey their ratification of the United Nations Convention on the Rights of the Child (UNCRC) and this commitment forms part of the Strategic Plan of the States of Jersey 2009 – 2014. Following a review of the implications of extension, it is evident that a number of legislative changes are required and work is progressing in a number of departments on resolving the policy and legislative issues. See also the comments in relation to Article 7.
Sixth report submission (Bailiwick of Jersey report – Annex A)

Article: 25 – Rights of citizens Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions: (a) To take part in the conduct of public affairs, directly or through freely chosen representatives; (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; (c) To have access, on general terms of equality, to public service in his country.
HRC Observation to consider: The State party should review its legislation denying all convicted prisoners the right to vote in light of the Covenant. (paragraph 28)
HRC Guideline reference: paragraph 99-103
Sixth report submission (section 2(b) of UK report)	Seventh report submission
See response to Paragraph 17 of the Concluding Observations (Part 2(b)).	The Government of Jersey respectfully notes the recommendation of the Committee regarding the rights of convicted prisoners to vote. Further to the judgement of the European Court of Human Rights in Scoppola v Italy in May 2012, the Government of Jersey is waiting to be informed by the United Kingdom’s response before considering amendment of the Public Elections (Jersey) Law 2002, Article 4 of which currently disenfranchises prisoners from voting.
Sixth report submission (Bailiwick of Jersey report – Annex A)

Article: 27 – Rights of minorities In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.
HRC Observation to consider: None
HRC Guideline reference: paragraph 104
Sixth report submission (section 2(b) of UK report)	Seventh report submission
There are no further developments to report under this Article.	No further developments to report under this Article.
Sixth report submission (Bailiwick of Jersey report – Annex A)
There are no further developments to report under this Article.

Responses to HRC Observation from fifth periodic report – please update where necessary

Fifth report observation and sixth report responses

Update

Paragraph 8 (Concluding Observations). The Committee strongly urges the State party to ensure that all Covenant rights are given effect in domestic law (art. 2).

Jersey will continue to give consideration from time to time to introducing the Covenant into the domestic law of the island but has no present intention of doing so. However, the Covenant rights receive consideration in the drafting of new legislation which is put before the States Assembly for its approval.

No update to report under this Article.

Paragraph 9 (Concluding Observations). The Committee recommends that human rights education be extended to members of the police force, the legal profession and other persons involved in the administration of justice, with a view to making it a part of their regular training. Human rights education should also be incorporated at every level of general education (art. 2).

Human rights education has been offered across the whole of the States public sector services in Jersey. Independent evaluations have demonstrated significantly increased awareness of the implementation of human rights in the public service. Literature has been published providing human rights guidance to staff in the public service and further information is available on the States of Jersey web site www.gov.je.

Specific human rights training has also been available for all members of the States police force and the honorary police. It is provided for all new probationer recruits and is a continuing thread throughout their training programme. It is included as a key principle in other courses provided by the police, for example investigative interviewing, community relations and firearms training.

Within the judiciary, human rights training is a core requirement for all members of staff, including the Magistrate’s Court, the Judicial Greffe and the court offices.

School education at various levels incorporates, as part of the personal, social and health education curriculum, preparation for citizenship, and developing knowledge and information for citizenship including a sense of justice. Amongst other issues, pupils are taught:

The legal and human rights responsibilities underpinning society and how they relate to citizens, including the role of the criminal and civil justice systems;
The origins and implications of the diverse national, regional, religious and ethnic identities within the Island and the need for mutual respect and understanding.

No update to report under this Article.

Paragraph 10 (Concluding Observations). The Committee recommends that the authorities in Guernsey and the Isle of Man give due consideration to establishing independent bodies with a mandate to review administrative decisions (arts. 2 and 14).

no text

Paragraph 11 (Concluding Observations). The Committee notes the information provided by the delegation that corporal punishment is not permitted in schools on the Isle of Man as a matter of policy, and recommends the adoption of legislation to outlaw corporal punishment (arts. 7 and 10).

no text

Paragraph 12 (Concluding Observations). The Committee notes the information provided by the delegation that steps are being taken in the United Kingdom to ensure that its anti-terrorism laws comply with article 9 of the Covenant, and urges Jersey, Guernsey and the Isle of Man to take corresponding measures.

Although the UK has maintained the reservation to this Article in respect of Jersey, the Island has enacted provisions of similar effect to the Terrorism Act 2000 by the Terrorism (Jersey) Law 2002, and subsequently has requested the UK to withdraw the reservation.

No update to report under this Article.

Paragraph 13 (Concluding Observations). The Committee recommends that the authorities in Jersey consider amending relevant legislation to enable a withdrawal of the reservation to article 11 of the Covenant.

As a result of the Court of Appeal decision in the case of Benest v. Le Meistre [1998 JLR 213] the Royal Court is bound to exercise its discretion in relation to an application for an acte peine de prison having regard to the provisions of Article 11 of the ICCPR. Thus there is now adequate protection to ensure that the United Kingdom will not be in breach of the Covenant if the derogation is removed.

Consequently, the derogation on behalf of Jersey in relation to Article 11 ICCPR is no longer required and a formal request to the United Kingdom that it withdraws its derogation entered on Jersey’s behalf in relation to Article 11 has been made.

No update to report under this Article.

Paragraph 14 (Concluding Observations). The Committee recommends that measures be taken to remove and prohibit any discrimination on grounds of sexual orientation (arts. 17 and 26).

On 5 July 2006 the States passed the Sexual Offences (Jersey) Law 200- which when it comes into force will, amongst other things, reform the law relating to the circumstances in which anal sex is lawful by removing the discrimination between the sexes. Thus, it will no longer be an offence at customary law for two consenting persons, both aged 16 or more, to engage in an act of sodomy in private. An act of sodomy committed in a public lavatory will still be treated as having been committed in public.

In addition, work is actively being progressed on the introduction of a new Discrimination (Jersey) Law, which is hoped will be put before the Assembly of the States of Jersey in 2006 (see response to Paragraph 18). It is intended that during 2007, public consultation will take place on legislation to prohibit sex discrimination on grounds of gender, sexual orientation and transexuality.

No update to report under this Article.

Paragraph 15 (Concluding Observations). The Committee notes with concern that the archaic and discriminatory provisions of the Criminal Code which make blasphemy a misdemeanour are still in force on the Isle of Man, and recommends that these be repealed (art. 19).

no text

Paragraph 16 (Concluding Observations). The Committee notes that consideration has been given in Jersey to amending the Separation and Maintenance Orders (Jersey) Law 1953 and recommends that all three jurisdictions introduce legislation and other effective measures to prohibit discrimination between women and men (arts. 3 and 26).

The Separation and Maintenance Orders (Jersey) Law 1953 empowers the Petty Debts Court to make orders with respect to the separation of married persons, and the maintenance of either party to and the children of the marriage. On 20 October 2000, the Separation and Maintenance Orders (Amendment No. 2) (Jersey) Law 2000 came into force. It provided for the jurisdiction of the Court to be exercised on an equal footing between either party to the marriage.

No update to report under this Article.

Paragraph 17 (Concluding Observations). With reference to the withdrawal of the State party's reservation to article 25, the Committee urges the authorities to introduce further reforms that secure all their inhabitants full right of participation in the conduct of public affairs.

On 24 February 2006, the Council of Ministers lodged a proposition in the States to agree that the present restrictions on the ability of public sector employees and office-holders to engage in political activities, including standing for election to the States, should be amended and that the following public sector employees and office-holders should be categorised as “politically eligible” and, therefore, able to participate in political activities subject to certain conditions:

Airport electricians
Airport rescue and fire-fighting service
Civil servants graded 11 or below
Educational, technical and support staff graded 11 or below
Emergency ambulance service
Family support workers
Fire and rescue service
Highlands college lecturers
Manual workers
Medical staff
Nurses and midwives
Postal workers
Prison officers
Prison managers
Residential child care officers
Teachers
Youth workers

The following employees and office-holders would be categorised as “politically ineligible” but would still be able to stand for election to the States subject to certain conditions:

Civil servants graded 12 or above
Educational, technical and support officers graded 12 or above
Head-teachers
Police officers
Chief Officer and area managers of the Fire Service
Prison Governor and Deputy Prison Governor

Under the proposals, employees designated as “politically eligible” would be free to engage in any political activity which would include – on certain terms – standing for election to the States or as a Connestable, publicly supporting someone standing for election or playing a public part in any political matter.

No update to report under this Article.

Paragraph 18 (Concluding Observations). The Committee recommends that the authorities complete the current process of enacting legislation outlawing all racial discrimination. In accordance with article 26, the authorities should also promulgate legislation which prohibits any discrimination and guarantees to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

See also the response to Article 20 (Part 2 (c)).

Draft Discrimination (Jersey) Law

On 14 May 2002 the States of Jersey voted, overwhelmingly, in favour of a proposal [1] for the preparation of a Race Discrimination Law. On further consideration it was decided that it would be desirable to bring forward legislation which would promote not only the elimination of racial discrimination but also other forms of discrimination. A public consultation [2] paper published in July 2006 promoted the idea of an over-arching enabling law and the introduction, in the first instance, of protection from race discrimination. The consultation period closes in October 2006.

The Discrimination Law is designed to establish areas in which discrimination should not be tolerated. It will protect anyone who suffers a detriment as a result of discrimination or a range of prohibited acts such as victimisation, unlawful advertising, harassment and other discriminatory practices in certain conditions, and will provide an enforcement mechanism for complaints brought under the Law.

It is proposed that the scope of the law should extend to employment, including selection for employment, treatment of employees, contract workers, partnerships, professional bodies and vocational training, and also discrimination in education, provision of goods, facilities and services, access to and use of public premises, disposal or management of premises and memberships of clubs.

The first phase of discrimination legislation to be introduced in 2007 would comprise the principal Law together with Regulations to prohibit discrimination on the grounds of race, including colour, race, nationality, ethnic origin or national origin.

Future legislation in Jersey will provide, as a minimum, further protection from discrimination on the grounds of sex, gender, sexual orientation, transexuality, disability and age. However, it is recognised that it is important to keep in perspective the need for legislation versus the size of the Island and the impact that legislation will have on resources. In order to achieve a wide range of protection and the necessary balance the legislation will need to be introduced in phases to allow proper consultation and education about the effect of the law.

Succession Rights for Children born out of Wedlock

A number of consultative documents have been issued on 11 November 2003, the States Assembly approved in principle the following proposals:

(a) to repeal the laws of succession so as to allow any person to dispose of moveable estate by will as he/she sees fit, subject to paragraph (b) below;

(b) to create a jurisdiction in the Royal Court to make such order as it thinks fit in the administration of the moveable estate as provides a proper sum out of the state for the maintenance and support of the dependents of the deceased;

(c) to provide a new Law for succession to moveable estate on intestacy the result of which will be to confer a share on the surviving spouse and another share on all the children of the deceased whether legitimate or illegitimate in equal shares; and

(d) to provide protection for executors and administrators dealing with the administration of the estate of the deceased in good faith.

A draft law has been prepared and is under consideration. It is anticipated that the draft may be presented to the Assembly of the States of Jersey during 2007.

See seventh report

Paragraph 19 (Concluding Observations). The Committee requests that the sixth periodic report concerning Jersey, Guernsey and the Isle of Man be submitted together with the sixth report of the United Kingdom and Northern Ireland, at a date to be set after the examination of the pending fifth report. That report should be prepared in accordance with the revised Guidelines adopted by the Committee (CCPR/C/66/GUI/Rev.1) and should give particular attention to the issues raised in the present concluding observations. The Committee requests that these concluding observations and the next periodic report be widely disseminated in Jersey, Guernsey and the Isle of Man.

The Committee will note that the original reports from the CDs have been attached to the present Report. The information contained in the reports from the CDs has also been added to the relevant sections of this Report. The last Concluding Observations of the Committee as well as the last Periodic Reports from the UK, OTs and CDs have been published on the official website of the Department for Constitutional Affairs .

Bailiwick of Jersey

The Concluding Observations of the Human Rights Committee on the fourth and fifth periodic reports of the UK regarding the CDs of Jersey, Guernsey and Isle of Man in 2000, were published in a report (R.C.1/2001) and presented to the States of Jersey in January 2001. The Sixth Periodic Report has also been presented to the States of Jersey by the Chief Minister and published on the web site of the States Assembly [3].

No update to report under this Article.