Human rights should be applicable to both government entities and private employers and organisations, according to a report from the Cayman Islands Human Rights Committee.
In a report on the government’s constitutional modernisation proposals released Monday, the HRC said such a move would represent an improvement on the situation in the United Kingdom, where the issue is not clearly dealt with in that country’s Human Rights Act.
‘This has left both academics and the courts to speculate as to whether private companies, clubs and private schools are bound by human rights principles,’ the report stated.
The HRC added, ‘It would create a more widespread human rights culture and broader appreciation of the importance of human rights.’
The report also argues human rights should extend to all people in Cayman, ‘whether they are Caymanian, reside in Cayman on a work permit or are visitors to the island.’
The report author’s state: ‘if they are to be ‘ours’, they must be all of ‘ours’. Indeed, it is this that makes them fundamental.’
More rights needed
While the report gives broad support to human rights the Government has previously advocated, the HRC wants those rights expanded into several other areas.
Its report lists the right to liberty and security; freedom from retroactive laws and penalties; and freedom of thought and conscience as crucial human rights that should be included in a bill of rights.
The HRC calls for consideration of other rights as well, including the right of children to education; rights to health care and housing; and rights for disabled people and the elderly.
Rights ‘particular to Cayman’ also merit consideration, the committee said. ‘In this context, the right to protection of Cayman’s heritage, environment, oceans, wildlife and bio-diversity may be particularly relevant.’
Marriage and religion
While accepting that legislators should remain responsible for deciding how marriage is defined, the HRC argues that discrimination on the grounds of sexual orientation should be unacceptable under a bill of rights.
‘If the principle of equality is to be recognised, the HRC advocates that there should not be discrimination against other types of legal unions which may eventually be recognised in Cayman law. Accordingly, any civil rights to be granted to the parties of any form of legal union will remain a matter for the legislators, provided these are not discriminatory.’
While the committee recognises that the right to marry can be defined under domestic law, the report states it should be up to individual religions to decide which marriage ceremony they choose to sanction or perform.
On the issue of religion, the committee’s report states all religions should be free to practice their faith, but adds people should not be forced to participate in religious activities that they don’t subscribe to.
‘In this way, it is possible as a matter of policy, for example, to continue to hold prayer or devotion in public schools, provided that persons of a different faith are not forced to participate in such activities against their wishes.’
The HRC report also argues that;
- Cayman should reserve its future right to self determination, notwithstanding the Governments declared intention to remains a UK overseas Territory;
- Courts should have the power to strike down laws that offend human rights;
- Any bill of rights should be drafted in language that is accessible, expressed in positive term and gender neutral;
- Government should pose multiple questions on the constitutional referendum ballot;
- A Bill of Rights must be constitutionally enshrined and not simply passed as an ordinary piece of legislation.
The full report is available at www.humanrights.ky
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