Review finds Jersey human rights law failing to live up to promise

A human rights law launched in Jersey more than two decades ago has failed to live up to its early promise, according to a new report by an Essex legal expert.

Professor Andrew Le Sueur has outlined ways in which incorporation of the European Convention on Human Rights (ECHR) should be strengthened, following a review of Human Rights (Jersey) Law 2000 (HRJL).

It comes as the Jersey Law Commission is currently consulting on plans to reform existing human rights laws.

In his report outlining his findings, Professor Le Sueur acknowledged there has been an increase in human rights-based legal challenges in Jersey’s courts, though these are becoming dominated by trust companies seeking to protect their client’s privacy.

Professor Le Sueur’s review found there have been only 29 cases where the HRJL had been used to challenge public authorities since it came into force in 2006.

On the face of it, there also appears to be good levels of government compliance with the ECHR and very few laws have been challenged as incompatible with Convention rights.

But key issues such as a lack of promotion and awareness around human rights were found, with Professor Le Sueur raising concerns about the HRJL’s true impact on society.

In his report, he said: “One of the most striking findings of this study is the lack of political and public engagement with ECHR rights issues in Jersey.

“Unlike in the UK, where ECHR rights law is a topic of intense political debate, the HRJL operates in relative obscurity.

“Human rights issues are rarely referred to in Jersey’s parliament, they do not feature in election campaigns, and civil society organisations have played little role in shaping policy or supporting legal challenges.

“This lack of engagement risks turning human rights law into a technical legal framework rather than a living set of principles shaping Jersey’s democracy.”

Areas for improvement highlighted by Professor Le Sueur include:

• Access to justice and identifying barriers preventing individuals, especially from lower income and vulnerable groups, from bringing human rights cases
• Exploring institutional cultures and whether elected representatives and government officials need human rights training.

Professor Le Sueur, of Essex Law School, added: “The HRJL was a significant step forward for Jersey, but there is a risk that without further measures to improve access, accountability, and public engagement, its potential remains unfulfilled.

“The findings of this report suggest that now is the time for renewed debate about how to strengthen human rights protections for all islanders.”

The research report is available on the Jersey Law Commission website.