Human Rights Law at Saint Helena, Ascension and Tristan da Cunha (BOT)
Saint Helena, Ascension, and Tristan da Cunha (SHATDC) are British Overseas Territories in the South Atlantic Ocean. Human rights law within these territories is primarily governed by the Constitution Order 2009, which applies uniformly across all three islands. (Saint Helena, Ascension and Tristan da Cunha - Wikipedia, LGBTQ rights in Saint Helena, Ascension and Tristan da Cunha)
🇬🇧 Constitutional Framework
The Constitution Order 2009 serves as the supreme legal document for SHATDC, establishing the territories' governance structures and enshrining fundamental human rights and freedoms. Key provisions include:
Right to Life and Personal Liberty: Protection against arbitrary deprivation of life and liberty.
Freedom from Torture and Inhuman Treatment: Absolute prohibition of torture and inhuman or degrading treatment.
Freedom of Expression: Right to hold opinions and receive and impart information without interference.
Freedom of Assembly and Association: Right to peaceful assembly and association.
Right to Privacy: Protection against arbitrary interference with privacy, family, home, or correspondence.
Equality Before the Law: Guarantee of equal protection and benefit of the law without discrimination. ([PDF] constitution of st helena, ascension & tristan da cunha)
These rights are enforceable within the territories, ensuring that individuals can seek redress for violations through local legal channels.
🏛️ Equality and Human Rights Commission (EHRC)
Established in 2015, the Equality and Human Rights Commission is an independent body tasked with promoting and protecting human rights across SHATDC. Its functions include:
Promoting understanding of the importance of equality and diversity.
Encouraging good practices related to equality and diversity.
Promoting equality of opportunity.
Promoting awareness and understanding of rights under relevant enactments.
Enforcing relevant enactments.
Working towards the elimination of unlawful discrimination and harassment. ([PDF] Commission for Equality and Human Rights Ordinance, 2015, LGBTQ rights in Saint Helena, Ascension and Tristan da Cunha)
The EHRC operates under the Commission for Equality and Human Rights Ordinance 2015, which provides the legal framework for its activities. ([PDF] Commission for Equality and Human Rights Ordinance, 2015)
🌈 LGBTQ+ Rights
Significant advancements have been made in recognizing and protecting LGBTQ+ rights within SHATDC:
Same-Sex Marriage: Legalized across all three territories:
Ascension Island: 1 January 2017
Tristan da Cunha: 4 August 2017
Saint Helena: 20 December 2017 (Saint Helena, Ascension and Tristan da Cunha - Wikipedia, LGBTQ rights in Saint Helena, Ascension and Tristan da Cunha)
Anti-Discrimination Protections: Enshrined in the Constitution Order 2009, prohibiting discrimination based on sexual orientation. (LGBTQ rights in Saint Helena, Ascension and Tristan da Cunha)
These legal protections reflect a commitment to equality and non-discrimination for LGBTQ+ individuals within the territories.
🧒 Children's Rights and Corporal Punishment
While the territories have made strides in protecting children's rights, challenges remain:
Corporal Punishment: Legally permissible in the home under English common law and the Welfare of Children Ordinance 2008. This provision allows parents and others with lawful control over a child to administer "reasonable punishment." However, corporal punishment is prohibited in schools and other educational settings. ([PDF] St Helena, Ascension and Tristan da Cunha.pdf - Country report)
Advocacy groups continue to work towards the full prohibition of corporal punishment in all settings, aligning with international human rights standards.
📜 Human Rights Action Plan
In 2012, the government of Saint Helena funded the creation of the Saint Helena Human Rights Action Plan 2012–2015. This plan aimed to: (Saint Helena)
Raise awareness about human rights issues among the public.
Provide support for individuals with human rights queries.
Extend several United Nations human rights conventions to Saint Helena. (Saint Helena)
While the plan's initial timeframe has concluded, its initiatives laid the groundwork for ongoing human rights education and advocacy within the territory.
🏠 Housing and Human Rights
Access to adequate housing is recognized as a fundamental human right. In Saint Helena, the Welfare of Children Ordinance 2008 and the Housing Ordinance provide legal frameworks for housing and child welfare. However, challenges persist in ensuring that all residents have access to safe, secure, and affordable housing. The Equality and Human Rights Commission continues to monitor and address housing-related human rights issues. (A Commentary on Housing and Human Rights on St Helena, LGBTQ rights in Saint Helena, Ascension and Tristan da Cunha)
In summary, Saint Helena, Ascension, and Tristan da Cunha uphold a robust human rights framework, with constitutional protections, an active Equality and Human Rights Commission, and progressive legislation supporting LGBTQ+ rights. Ongoing efforts are focused on addressing areas such as corporal punishment and housing to ensure comprehensive human rights protections for all residents.
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