Jersey At Last Has Incorporated The Human Rights Law!

[Jersey_UK]

The usual blah blah blah

WWW.Gov.je

The Human Rights (Jersey) Law 2000 came into force on 10 Dec 2006 (we don't like to rush into things here! - it was only a dozen years ago we stopped sentencing folk to death and prosecuting the freinds of Dorothy!)

From 10 Dec 2006, rights and freedoms guaranteed under the European Convention on Human Rights will be incorporated into Jersey law. This means that the rights given under the Convention may be relied upon directly in our courts.

The Convention guarantees the following rights and freedoms –

· right to life (Article 2)

· freedom from torture and inhuman or degrading treatment or punishment (Article 3)

· freedom from slavery and forced or compulsory labour (Article 4)

· right to liberty and security of person (Article 5)

· right to a fair and public trial within a reasonable time (Article 6)

· freedom from retrospective criminal law and no punishment without law (Article 7)

· right to respect for private and family life, home and correspondence (Article 8)

· freedom of thought, conscience and religion (Article 9)

· freedom of expression (Article 10)

· freedom of assembly and association (Article 11)

· right to marry and found a family (Article 12)

· prohibition of discrimination in the enjoyment of the Convention rights (Article 14)

· right to peaceful enjoyment of possessions and protection of property (Article 1 of Protocol 1)

· right to education (Article 2 of Protocol 1)

· right to free elections (Article 3 of Protocol 1)

· right not to be subjected to the death penalty (Articles 1 and 2 of Protocol 6).

I guess I am posting this just for info, cos' up to now in Jersey we did not get any right to appeal any immigration decision - basically it was another application or off to Europe to try and enforce "rights" - which is a kind of an expensive big leap!

I am not sure whether they will now be setting up any appeals process now, but at least when looking at applications they will have to bear in mind the Human Rights stuff as they will be challengable locally - I suspect that this may work well "in practice".

Not sure if this of interest (to Scouse??) - or indeed if the link works (it's a word doc).

Human Rights Guidance for Staff

Nothing impending for me............whether this is a good thing or not, time will tell.

[the gent]

Not that one wishes to pry but what came of your friend's application ?

The circumstances were a tad fraught if I remember right but not insurmountable.

Perhaps just water under the bridge.....still, no matter just thought I mention it.

[the scouser]

Thanks for posting the info: I've downloaded the caseworker's guidance, as it's as equally applicable in the UK as Jersey.

In immigration terms, the HRA is no panacea, and the articles which you highlighted are usually robustly defended by the authorities. Article 8 is a qualified right rather than an absolute right. This means that it can be derogated from in the interests of the state, so just saying that, for example, I am married to a Jerriais will not be sufficient for the act to kick in. Also, the right to marry does not necessarily apply to the state in question, so the authorities can argue that they are not denying you your right to marry as you can clear off and marry somewhere else.

It'll be interesting to see whether the Jersey authorities do now institute an appeals process, as, like you say, there's no point having the law if there is no means of lodging a complaint.

Scouse.

[Jersey_UK]

Not that one wishes to pry but what came of your friend's application ?

The circumstances were a tad fraught if I remember right but not insurmountable.

Perhaps just water under the bridge.....still, no matter just thought I mention it.

No worries on the prying front. and compliments on yer memory.......and tact!

Still the intention - I should have gone back down again for a longgggggg trip last year - but I didn't. (for various reasons I won't bore you with).............our fates have become intertwined - whether this means we end up being married for the next 50 years or she ends up selling my body parts on E-Bay next trip only "the Gods" know at the moment

But I am hopeful of somewhere in between - and she now tells me: "I'm a good girl I am" so I figure it must be true. relatively...........as staying outta clink was in past years a very reliable guide to facts on the ground.

[Jersey_UK]

Thanks for posting the info: I've downloaded the caseworker's guidance, as it's as equally applicable in the UK as Jersey. - I wondered whether it might be of interest.

In immigration terms, the HRA is no panacea, and the articles which you highlighted are usually robustly defended by the authorities. Article 8 is a qualified right rather than an absolute right. This means that it can be derogated from in the interests of the state, so just saying that, for example, I am married to a Jerriais will not be sufficient for the act to kick in. Also, the right to marry does not necessarily apply to the state in question, so the authorities can argue that they are not denying you your right to marry as you can clear off and marry somewhere else. - I had understood this already - same as it was before (oh, and I liked the Jerriais touch )

It'll be interesting to see whether the Jersey authorities do now institute an appeals process, as, like you say, there's no point having the law if there is no means of lodging a complaint.

Scouse.

[topfield]

The usual blah blah blah

WWW.Gov.je

The Human Rights (Jersey) Law 2000 came into force on 10 Dec 2006 (we don't like to rush into things here! - it was only a dozen years ago we stopped sentencing folk to death and prosecuting the freinds of Dorothy!)

From 10 Dec 2006, rights and freedoms guaranteed under the European Convention on Human Rights will be incorporated into Jersey law. This means that the rights given under the Convention may be relied upon directly in our courts.

The Convention guarantees the following rights and freedoms –

· right to life (Article 2)

· freedom from torture and inhuman or degrading treatment or punishment (Article 3)

· freedom from slavery and forced or compulsory labour (Article 4)

· right to liberty and security of person (Article 5)

· right to a fair and public trial within a reasonable time (Article 6)

· freedom from retrospective criminal law and no punishment without law (Article 7)

· right to respect for private and family life, home and correspondence (Article 8)

· freedom of thought, conscience and religion (Article 9)

· freedom of expression (Article 10)

· freedom of assembly and association (Article 11)

· right to marry and found a family (Article 12)

· prohibition of discrimination in the enjoyment of the Convention rights (Article 14)

· right to peaceful enjoyment of possessions and protection of property (Article 1 of Protocol 1)

· right to education (Article 2 of Protocol 1)

· right to free elections (Article 3 of Protocol 1)

· right not to be subjected to the death penalty (Articles 1 and 2 of Protocol 6).

I guess I am posting this just for info, cos' up to now in Jersey we did not get any right to appeal any immigration decision - basically it was another application or off to Europe to try and enforce "rights" - which is a kind of an expensive big leap!

I am not sure whether they will now be setting up any appeals process now, but at least when looking at applications they will have to bear in mind the Human Rights stuff as they will be challengable locally - I suspect that this may work well "in practice".

Not sure if this of interest (to Scouse??) - or indeed if the link works (it's a word doc).

Human Rights Guidance for Staff

Nothing impending for me............whether this is a good thing or not, time will tell.

Any news about the same for Guernsey and Sark ?

Years ago I knew Guernseymen who were told by the 'Committee Chairman' that Thais were not welcomed on the Island. Two of the men had to divorce their Thai wives as they could not leave the Island.

Never a problem with Thai wives in Jersey.

[topfield]

Any news about the same for Guernsey and Sark ?

Years ago I knew Guernseymen who were told by the 'Committee Chairman' that Thais were not welcomed on the Island. Two of the men had to divorce their Thai wives as they could not leave the Island.

Never a problem with Thai wives in Jersey

[Jersey_UK]

Any news about the same for Guernsey and Sark ?

Years ago I knew Guernseymen who were told by the 'Committee Chairman' that Thais were not welcomed on the Island. Two of the men had to divorce their Thai wives as they could not leave the Island.

Never a problem with Thai wives in Jersey

I must confess I don't actually know - but I strongly suspect that it would be on a par nowadays with Jersey (through also fearing the wrath of the EU causing more damage to their Offshore Finance Industry - rather than from any other reasons!). Certainly Jersey's "Long and Glorious past" also sounds like the attitude you describe, as I know it did include deporting pregnant women to avoid the kid having any claim to stay here.

Sark would probably fall under Guernsey for immigration purposes........but at the moment they are struggling to stop being Europes last Feudal society (and from what I can gather against the wishes of most locals) - so no idea whether immigration is on the radar yet!