Continuing the series of comparisons between many of the sections of our proposed Cayman Islands Bill of Rights and the corresponding Articles of the Convention.

My comments – in italics- are for the most part quite brief, and I hope you find them informative and perhaps thought provoking.

This commentary will be published daily until the topic is exhausted.

I hope you all enjoy this series.

Comparing the Cayman Islands draft Bill of Rights, freedoms and responsibilities with the European Convention on Human Rights. (7)

Comment on
CI BRFR Section 11 Expression and ECHR Article 10– Freedom of expression

CI BRFR Section 11 is a modernised version of ECHR Article 10, worded in a more consistent way with the other sections, and including more specific protections, and, notably, providing for “the imposition of restrictions on public officers in the interests of the proper performance of their functions.” Interestingly the older ECHR Article 10 refers to the “exercise of these freedoms” as carrying with it “duties and responsibilities”. It is comforting to know that our inclusion of “responsibilities” as a realistically essential concomitant of “rights” is not something new.


Expression

CI BRFR Section 11.-

(1) No person shall be hindered by government in the enjoyment of his or her freedom of expression, which includes freedom to hold opinions and to receive and impart ideas and information without interference, and freedom from interference with his or her correspondence or other means of communication.

(2) Nothing in any law or done under its authority shall be held to contravene this section to the extent that it is reasonably justifiable in a democratic society –

(a) in the interests of defence, public safety, public order, public morality or public health;

(b) for the purpose of protecting the rights, reputations and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, regulating telecommunications, posts, broadcasting or other means of communication, or public shows or entertainments; or

(c) for the imposition of restrictions on public officers in the interests of the proper performance of their functions.

ECHR 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.

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Comment on
CI BRFR Section 12 Assembly and association and ECHR Article 11– Freedom of assembly and association

CI BRFR Section 12 provides a modernised version of ECHR Article 11, written as are most of these adaptations to provide for the responsibility of government to uphold the rights of persons. The rights to form or belong to political parties are specifically included in CI BRFR Section 12.


Assembly and association

CI BRFR Section 12.-

(1) No person shall be hindered by government in the enjoyment of his or her freedom of peaceful assembly and association, that is to say, his or her right to assemble freely and associate with other persons and in particular to form or belong to political parties or to form or belong to trade unions or other associations for the protection of his or her interests.

(2) Nothing in any law or done under its authority shall be held to contravene this section to the extent that it is reasonably justifiable in a democratic society –

(a) in the interests of defence, public safety, public order, public morality or public health;

(b) for the purpose of protecting the rights and freedoms of other persons; or

(c) for the imposition of restrictions on public officers in the interests of the proper performance of their functions.

ECHR 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.