| GUERNSEY Bailiwick of Guernsey Bailiwick of Guernsey (British Crown Dependency) Joined United Nations: 24 October 1945 Human Rights as assured by their constitution Updated 10 January 2013 |
PART I
THE CONVENTION
Article 2
Right to life
1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of
a court following his conviction of a crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no
more than absolutely necessary:
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection.
Article 3
Prohibition of torture
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Article 4
Prohibition of slavery and forced labour
1. No one shall be held in slavery or servitude.
2. No one shall be required to perform forced or compulsory labour.
3. For the purpose of this Article the term "forced or compulsory labour" shall not include:—
(a) any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention
or during conditional release from such detention;
(b) any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted
instead of compulsory military service;
(c) any service exacted in case of an emergency or calamity threatening the life or wellbeing of the community;
(d) any work or service which forms part of normal civic obligations.
Article 5
Right to liberty and security
1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in
accordance with a procedure prescribed by law:
(a) the lawful detention of a person after conviction by a competent court;
(b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of
any obligation prescribed by law;
(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable
suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing
after having done so;
(d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing
him before the competent legal authority;
(e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or
drug addicts or vagrants;
(f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom
action is being taken with a view to deportation or extradition.
2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any
charge against him.
3. Everyone arrested or detained in accordance with the provisions of paragraph 1(c) of this Article shall be brought promptly before a
judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release
pending trial. Release may be conditioned by guarantees to appear for trial.
4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his
detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right
to compensation.
Article 6
Right to a fair trial
1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public
hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but
the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic
society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in
the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
3. Everyone charged with a criminal offence has the following minimum rights:
(a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
(b) to have adequate time and facilities for the preparation of his defence;
(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal
assistance, to be given it free when the interests of justice so require;
(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the
same conditions as witnesses against him;
(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.
Article 7
No punishment without law
1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under
national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at
the time the criminal offence was committed.
2. This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was
committed, was criminal according to the general principles of law recognised by civilised nations.
Article 8
Right to respect for private and family life
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is
necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the
prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Article 9
Freedom of thought, conscience and religion
1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and
freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching,
practice and observance.
2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a
democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights
and freedoms of others.
Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart
information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from
requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions,
restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial
integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the
reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and
impartiality of the judiciary.
Article 11
Freedom of assembly and association
1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to
join trade unions for the protection of his interests.
2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a
democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of
health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful
restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.
Article 12
Right to marry
Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise
of this right.
Article 14
Prohibition of discrimination
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex,
race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or
other status.
Article 16
Restrictions on political activity of aliens
Nothing in Articles 10, 11 and 14 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the political
activity of aliens.
Article 17
Prohibition of abuse of rights
Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform
any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is
provided for in the Convention.
Article 18
Limitation on use of restrictions on rights
The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for
which they have been prescribed.
PART II
THE SIXTH PROTOCOL
Article 1
Abolition of the death penalty
The death penalty shall be abolished. No-one shall be condemned to such penalty or executed.
Article 2
Death penalty in time of war
A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war;
such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions. The State shall communicate
to the Secretary General of the Council of Europe the relevant provisions of that law.
THE CONVENTION
Article 2
Right to life
1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of
a court following his conviction of a crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no
more than absolutely necessary:
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection.
Article 3
Prohibition of torture
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Article 4
Prohibition of slavery and forced labour
1. No one shall be held in slavery or servitude.
2. No one shall be required to perform forced or compulsory labour.
3. For the purpose of this Article the term "forced or compulsory labour" shall not include:—
(a) any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention
or during conditional release from such detention;
(b) any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted
instead of compulsory military service;
(c) any service exacted in case of an emergency or calamity threatening the life or wellbeing of the community;
(d) any work or service which forms part of normal civic obligations.
Article 5
Right to liberty and security
1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in
accordance with a procedure prescribed by law:
(a) the lawful detention of a person after conviction by a competent court;
(b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of
any obligation prescribed by law;
(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable
suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing
after having done so;
(d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing
him before the competent legal authority;
(e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or
drug addicts or vagrants;
(f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom
action is being taken with a view to deportation or extradition.
2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any
charge against him.
3. Everyone arrested or detained in accordance with the provisions of paragraph 1(c) of this Article shall be brought promptly before a
judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release
pending trial. Release may be conditioned by guarantees to appear for trial.
4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his
detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right
to compensation.
Article 6
Right to a fair trial
1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public
hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but
the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic
society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in
the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
3. Everyone charged with a criminal offence has the following minimum rights:
(a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
(b) to have adequate time and facilities for the preparation of his defence;
(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal
assistance, to be given it free when the interests of justice so require;
(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the
same conditions as witnesses against him;
(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.
Article 7
No punishment without law
1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under
national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at
the time the criminal offence was committed.
2. This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was
committed, was criminal according to the general principles of law recognised by civilised nations.
Article 8
Right to respect for private and family life
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is
necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the
prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Article 9
Freedom of thought, conscience and religion
1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and
freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching,
practice and observance.
2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a
democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights
and freedoms of others.
Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart
information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from
requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions,
restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial
integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the
reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and
impartiality of the judiciary.
Article 11
Freedom of assembly and association
1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to
join trade unions for the protection of his interests.
2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a
democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of
health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful
restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.
Article 12
Right to marry
Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise
of this right.
Article 14
Prohibition of discrimination
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex,
race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or
other status.
Article 16
Restrictions on political activity of aliens
Nothing in Articles 10, 11 and 14 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the political
activity of aliens.
Article 17
Prohibition of abuse of rights
Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform
any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is
provided for in the Convention.
Article 18
Limitation on use of restrictions on rights
The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for
which they have been prescribed.
PART II
THE SIXTH PROTOCOL
Article 1
Abolition of the death penalty
The death penalty shall be abolished. No-one shall be condemned to such penalty or executed.
Article 2
Death penalty in time of war
A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war;
such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions. The State shall communicate
to the Secretary General of the Council of Europe the relevant provisions of that law.
Guernsey was part of the French mainland until the end of the last Ice Age around 6500 BCE
with human habitation beginning about 5,000 BCE with the migration of Spanish tribes.
Roman occupied the islands around 65 CE. Christianity arrived in the 3rd or 4th Century with
Bretons arriving around 600 CE. Vikings arrived around 911 and were pushed out by
William the Conqueror and the Normans around 1066 annexing the islands into the
Dukedom of Normandy. Though later conquered by France, the islands remained loyal to
England and were rewarded a measure of self-government in 1215, subject only to royal
assent. The State of Guernsey was formed in 1481. The islands experienced a wage of
French immigration during the reign of Napoleon and the island reinforced to stave off a
French invasion. In 1926 the English language was formally adopted. German forces
occupied Guernsey from 1940-1945. Guernsey does not have a written constitution and is
governed through a variety of statutes, common law and practices. A Constitutional
Advisory Council has been commissioned by the government to explore the option of future
independence. Human rights are enumerated in the 2001 Human Rights Act and conform
with the 1948 Universal Declaration of Human Rights. As a British Crown Dependency,
Guernsey is not a member of the United Nations or United Kingdom however its foreign
relations interests are conducted by the United Kingdom which is a signatory of the
Declaration. For a full English text of Guernsey's Human Rights Act, click here.
with human habitation beginning about 5,000 BCE with the migration of Spanish tribes.
Roman occupied the islands around 65 CE. Christianity arrived in the 3rd or 4th Century with
Bretons arriving around 600 CE. Vikings arrived around 911 and were pushed out by
William the Conqueror and the Normans around 1066 annexing the islands into the
Dukedom of Normandy. Though later conquered by France, the islands remained loyal to
England and were rewarded a measure of self-government in 1215, subject only to royal
assent. The State of Guernsey was formed in 1481. The islands experienced a wage of
French immigration during the reign of Napoleon and the island reinforced to stave off a
French invasion. In 1926 the English language was formally adopted. German forces
occupied Guernsey from 1940-1945. Guernsey does not have a written constitution and is
governed through a variety of statutes, common law and practices. A Constitutional
Advisory Council has been commissioned by the government to explore the option of future
independence. Human rights are enumerated in the 2001 Human Rights Act and conform
with the 1948 Universal Declaration of Human Rights. As a British Crown Dependency,
Guernsey is not a member of the United Nations or United Kingdom however its foreign
relations interests are conducted by the United Kingdom which is a signatory of the
Declaration. For a full English text of Guernsey's Human Rights Act, click here.