Human rights in the British Virgin Islands
Encyclopedia
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:
The subsequent sections of the constitution enumerate and elaborate on certain specific basic human rights:
The constitution also provides for the formation of a Human Rights Commission to oversee the protection of human rights in the jurisdiction (section 34), although to date no such committee has been formed.
The British Virgin Islands Criminal Code
creates certain specific criminal offences
relating to human rights, such as genocide
, but does not contain any general statement of human rights.
In practice, basic human rights are broadly respected in the British Virgin Islands; reports of repression of freedom of speech
, interference with democracy
or the rule of law
and arbitrary arrest and torture
are virtually unknown. Although complaints are periodically made about the length of time that prisoners are held on remand
prior to trial.
However, the laws in the British Virgin Islands do openly discriminate against people who do not hold belonger status
of the British Virgin Islands, and this form of discrimination is expressly preserved in the constitution (section 26(4)(b)), and excluded from the scope of the non-discrimination protections.
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
in the British Virgin Islands
British Virgin Islands
The Virgin Islands, often called the British Virgin Islands , is a British overseas territory and overseas territory of the European Union, located in the Caribbean to the east of Puerto Rico. The islands make up part of the Virgin Islands archipelago, the remaining islands constituting the U.S...
are codified in the 2007 constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
.
Section 9 of the constitution is entitled Fundamental rights and freedoms of the individual, and provides:
The subsequent sections of the constitution enumerate and elaborate on certain specific basic human rights:
- Protection of right to life (section 11)
- Equality before the law (section 12)
- Protection from inhuman treatment (section 13)
- Protection from slavery and forced labour (section 14)
- Protection of right to personal liberty (section 15)
- Protection of right of prisoners to humane treatment (section 17)
- Protection of freedom of movement (section 18)
- Protection of private and family life and privacy of home and other property (section 19)
- Protection of the right to marry and found a family (section 20)
- Protection of freedom of conscience (section 21)
- Protection of the right to education (section 22)
- Protection of freedom of expression (section 23)
- Protection of freedom of assembly and association (section 24)
- Protection from deprivation of property (section 25)
- Protection from discrimination (section 26)
- Protection of the environment (section 29)
- Protection of children (section 30)
The constitution also provides for the formation of a Human Rights Commission to oversee the protection of human rights in the jurisdiction (section 34), although to date no such committee has been formed.
The British Virgin Islands Criminal Code
British Virgin Islands Criminal Code
The British Virgin Islands Criminal Code is a statute of the British Virgin Islands which consolidates almost all of the indictable offences under the Territory's criminal law....
creates certain specific criminal offences
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
relating to human rights, such as genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
, but does not contain any general statement of human rights.
In practice, basic human rights are broadly respected in the British Virgin Islands; reports of repression of freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
, interference with democracy
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
or the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
and arbitrary arrest and torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
are virtually unknown. Although complaints are periodically made about the length of time that prisoners are held on remand
Detention of suspects
The detention of suspects is the process of keeping a person who has been arrested in a police-cell, remand prison or other detention centre before trial or sentencing. One criticism of pretrial detention is that eventual acquittal can be a somewhat hollow victory, in that there is no way to...
prior to trial.
However, the laws in the British Virgin Islands do openly discriminate against people who do not hold belonger status
Belonger status
Belonger status is a legal classification normally associated with British overseas territories. It refers to people who have close ties to a specific territory, normally by birth and/or ancestry...
of the British Virgin Islands, and this form of discrimination is expressly preserved in the constitution (section 26(4)(b)), and excluded from the scope of the non-discrimination protections.
See also
- Law of the British Virgin IslandsLaw of the British Virgin IslandsThe law of the British Virgin Islands is a combination of common law and statute, and is based heavily upon English law.Law in the British Virgin Islands tends to be a combination of the very old and the very new...