Human Rights in The British Virgin Islands - Constitutional Human-rights Protections

Constitutional Human-rights Protections

Human rights in the British Virgin Islands are codified in the 2007 constitution.

Section 9 of the constitution is entitled Fundamental rights and freedoms of the individual, and provides:

Whereas every person in the Virgin Islands is entitled to the fundamental rights and freedoms of the individual;

Whereas those fundamental rights and freedoms are enjoyed without distinction of any kind, such as sex, race, colour, language, religion, political or other opinion, national, ethnic or social origin, association with a national minority, property, family relations, economic status, disability, age, birth, sexual orientation, marital or other status, subject only to prescribed limitations;

Whereas it is recognised that those fundamental rights and freedoms apply, subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely—

(a) life, equality, liberty, security of the person and the protection of the law;

(b) freedom of conscience, expression, movement, assembly and association; and

(c) protection for private and family life, the privacy of the home and other property and from deprivation of property save in the public interest and on payment of fair compensation;

Now, therefore, it is declared that the subsequent provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms, and to related rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the protected rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.

The subsequent sections of the constitution enumerate and elaborate on certain specific basic human rights, including the right to life, equality before the law, protection from inhuman treatment, protection from slavery and forced labour, the right of prisoners to humane treatment, freedom of movement, freedom of conscience, the right to education, freedom of expression, and freedom of assembly and association.

The constitution also provides for the formation of a Human Rights Commission to oversee the protection of human rights, although to date no such commission has been formed.

Read more about this topic:  Human Rights In The British Virgin Islands

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