Other Conventions & Covenants

The Human Rights (Bailiwick of Guernsey) Law, 2000 incorporates into Bailiwick legislation the European Convention for the Protection of Human Rights and Fundamental Freedoms.

However, there are several other Human Rights instruments that, although they are not part of local legislation in the same way, have been extended to the Bailiwick.

United Nations International Covenant on Civil and Political Rights

This details the basic civil and political rights of individuals and nations.

Among the rights of nations are the right to:

  • self determination
  • own, trade and dispose of their property freely, and not be deprived of their means of subsistence.

Among the rights of individuals are the right to:

  • legal recourse when their rights have been violated, even if the violator was acting in an official capacity
  • life
  • liberty and freedom of movement
  • equality before the law
  • be presumed innocent until proved guilty
  • appeal a conviction
  • be recognized as a person before the law
  • privacy and protection of that privacy by law
  • freedom of thought, conscience and religion
  • freedom of opinion and expression
  • freedom of assembly and association.

The second optional protocol provides for the abolition of the death penalty.

The full text of this covenant is available at www.unhchr.ch/html/menu3/b/a_ccpr.htm

The full text of the protocol is available at www.unhchr.ch/html/menu3/b/a_opt2.htm

United Nations International Covenant on Economic, Social and Cultural Rights

This describes the basic economic, social and cultural rights of individuals and nations, including the right to:

  • self-determination
  • wages sufficient to support a minimum standard of living
  • equal pay for equal work
  • equal opportunity for advancement
  • form trade unions
  • strike
  • paid or otherwise maternity leave
  • free primary education, and accessible education at all levels
  • copyright, patent and trademark protection to intellectual property.

The full text of this covenant is available at www.unhchr.ch/html/menu3/b/a_cescr.htm

United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment

This convention bans torture under all circumstances. In particular it

  • defines torture
  • requires states to take effective legal and other measures to prevent torture
  • forbids the return of refugees where it is believed that they may tortured
  • requires states to make torture illegal and to provide appropriate punishment for those who commit it
  • requires states, upon proper request, to extradite those accused of torture
  • obliges states to provide training to law enforcement and military agencies on torture prevention
  • requires the proper investigation of complaints of torture
  • requires compensation to be paid to victims of torture
  • prohibits cruel or degrading treatment.

The full text of this convention is available at www.unhchr.ch/html/menu3/b/h_cat39.htm

United Nations International Convention on the Elimination of all forms of Racial Discrimination

Under this convention states parties are pledged:

  • not to engage in acts or practices of racial discrimination against individuals, groups of persons or institutions and to ensure that public authorities and institutions do likewise
  • not to sponsor defend or support racial discrimination by persons or organizations
  • to review government, national and local policies and to amend or repeal laws and regulations which create or perpetuate discrimination
  • to prohibit and put a stop to racial discrimination by persons groups and organizations
  • to encourage integrationist or multiracial organisations and movements and other means of eliminating barriers between races, as well as to discourage anything which tends to strengthen racial division.

The full text of this convention is available at www.unhchr.ch/html/menu3/b/d_icerd.htm

Council of Europe Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

This Convention establishes a non-judicial mechanism, the task of which is to examine the treatment of persons deprived of their liberty with a view to strengthening, if necessary, the protection of such persons from torture and from inhuman or degrading treatment or punishment.

The full text of this convention is available at www.cpt.coe.int/en/documents/20011110en.htm

International Labour Organization

The International Labour Organization is the United Nations’ specialised agency which seeks the promotion of social justice and internationally recognized human and labour rights.

The ILO formulates international labour standards in the form of Conventions and Recommendations setting minimum standards of basic labour rights, freedom of association, the right to organize, collective bargaining, abolition of forced labour, equality of opportunity and treatment, and other standards regulating conditions across the entire spectrum of workrelated issues.

The Conventions and Recommendations are numbered in hundreds. Many, but certainly not all, of the Conventions and Recommendations are applicable in the Bailiwick. Further details relating to the International Labour Organization are available at www.ilo.org/