i e AT 1 of 2001 HUMAN RIGHTS ACT 2001

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1 i e AT 1 of 2001 HUMAN RIGHTS ACT 2001

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3 Human Rights At 2001 Index i e HUMAN RIGHTS ACT 2001 Index Setion Page Introdution 5 1 The Convention and the Sixth Protool Interpretation of Convention rights... 6 Interpretation of legislation 6 3 Legislation Delaration of inompatibility Right of intervention... 7 Publi authorities 8 6 Ats of publi authorities Proeedings Judiial remedies Judiial ats A Remedial orders B Remedial orders - further provisions Other rights and proeedings Safeguard for existing human rights Freedom of expression Freedom of thought, onsiene and religion Derogations and reservations Derogations and reservations Period for whih designated derogations and reservations have effet Periodi reviews of designated derogations and reservations: reports to Tynwald Parliamentary proedure Statements of ompatibility Supplemental Rules and orders Extension of enabling powers Interpretation, et Saving for riminal law AT 1 of 2001 Page 3

4 Index Human Rights At Appliation to Crown Transitional Short title and ommenement SCHEDULE 1 19 THE ARTICLES 19 SCHEDULE 2 25 SCHEDULE 3 25 DESIGNATED RESERVATION 25 ENDNOTES 27 TABLE OF LEGISLATION HISTORY 27 TABLE OF RENUMBERED PROVISIONS 27 TABLE OF ENDNOTE REFERENCES 27 Page 4 AT 1 of 2001

5 Human Rights At 2001 Setion 1 i e HUMAN RIGHTS ACT 2001 Reeived Royal Assent: 16 January 2001 Passed: 16 January 2001 Commened: 1 Marh 2001 AN ACT to give further effet to rights and freedoms guaranteed under the European Convention on Human Rights; and for onneted purposes. GENERAL NOTE: See SD352/09 Rules of the High Court of Justie 2009 Sh 15.1 para 3 reprodued below: 3. In any statutory provision a referene to a petition of doleane shall be onstrued as an appliation to the ourt in aordane with () as the ase may require. Chapter 9 of Part 13 (review of detention), rule (appeal by way of ase stated), or Chapter 2 of Part 14 (review of lawfulness of deision et.), Introdution 1 The Convention and the Sixth Protool [P1998/42/1] (1) In this At, the Convention rights means the rights and fundamental freedoms set out in Artiles 2 to 12 and 14 of the Convention; (aa) Artiles 1 to 3 of the First Protool; 1 Artile 1 of the 13th Protool, 2 as read with Artiles 16 to 18 of the Convention. (2) Those Artiles are to have effet for the purposes of this At subjet to any designated derogation or reservation (as to whih see setions 13 and 15 and Shedule 3). 3 (3) The Artiles are set out in Shedule 1. AT 1 of 2001 Page 5

6 Setion 2 Human Rights At 2001 (4) The Counil of Ministers may by order make suh amendments to this At as it onsiders appropriate to reflet the effet, in relation to the Island, of a protool. (5) In subsetion (4), protool means a protool to the Convention whih the United Kingdom has ratified on behalf of the Island; or the United Kingdom has signed with a view to ratifiation on behalf of the Island. (6) No amendment may be made by an order under subsetion (4) so as to ome into operation before the protool onerned is in fore in relation to the Island. 2 Interpretation of Convention rights [P1998/42/2(1) and (2)] (1) A ourt or tribunal determining a question whih has arisen under this At in onnetion with a Convention right must take into aount any judgment, deision, delaration or advisory opinion of the European Court of Human Rights, opinion of the Commission given in a report adopted under Artile 31 of the Convention, () deision of the Commission in onnetion with Artile 26 or 27(2) of the Convention, or (d) deision of the Committee of Ministers taken under Artile 46 of the Convention, whenever made or given, so far as, in the opinion of the ourt or tribunal, it is relevant to the proeedings in whih that question has arisen. (2) Evidene of any judgment, deision, delaration or opinion of whih aount may have to be taken under this setion is to be given in proeedings before any ourt or tribunal in suh manner as may be provided by rules. Interpretation of legislation 3 Legislation [P1998/42/3] (1) So far as it is possible to do so, Ats and subordinate legislation must be read and given effet in a way whih is ompatible with the Convention rights. (2) This setion applies to Ats and subordinate legislation whenever enated; Page 6 AT 1 of 2001

7 Human Rights At 2001 Setion 4 () does not affet the validity, ontinuing operation or enforement of any inompatible At; and does not affet the validity, ontinuing operation or enforement of any inompatible subordinate legislation if (disregarding any possibility of revoation) an At prevents removal of the inompatibility. 4 Delaration of inompatibility [P1998/42/4] (1) Subsetion (2) applies in any proeedings in whih a ourt determines whether a provision of an At is ompatible with a Convention right. (2) If the ourt is satisfied that the provision is inompatible with a Convention right, it may make a delaration of that inompatibility. (3) Subsetion (4) applies in any proeedings in whih a ourt determines whether a provision of subordinate legislation, made in the exerise of a power onferred by an At, is ompatible with a Convention right. (4) If the ourt is satisfied that the provision is inompatible with a Convention right, and that (disregarding any possibility of revoation) the At onerned prevents removal of the inompatibility, it may make a delaration of that inompatibility. (5) In this setion, ourt means the Judiial Committee of the Privy Counil; the High Court. (6) A delaration under this setion (in this At referred to as a delaration of inompatibility ) does not affet the validity, ontinuing operation or enforement of the provision in respet of whih it is given; and is not binding on the parties to the proeedings in whih it is made. 5 Right of intervention [P1998/42/5] (1) Where a ourt is onsidering whether to make a delaration of inompatibility, the Attorney General is entitled to notie in aordane with rules of ourt. (2) In any ase to whih subsetion (1) applies, the Attorney General (or a person nominated by him) is entitled, on giving notie in aordane with rules of ourt, to be joined as a party to the proeedings. AT 1 of 2001 Page 7

8 Setion 6 Human Rights At 2001 (3) Notie under subsetion (2) may be given at any time during the proeedings. (4) A person who has been made a party to riminal proeedings as the result of a notie under subsetion (2) may, with leave, appeal against any delaration of inompatibility made in the proeedings. (5) If a ourt makes a delaration of inompatibility, it shall ause a opy of that delaration to be served on the Attorney General, whether or not he is a party to proeedings under this setion or otherwise. Publi authorities 6 Ats of publi authorities [P1998/42/6] (1) It is unlawful for a publi authority to at in a way whih is inompatible with a Convention right. (2) Subsetion (1) does not apply to an at if as the result of one or more provisions of an At, the authority ould not have ated differently; or in the ase of one or more provisions of, or made under, an At whih annot be read or given effet in a way whih is ompatible with the Convention rights, the authority was ating so as to give effet to or enfore those provisions. (3) In this setion, publi authority inludes a ourt or tribunal, and any person ertain of whose funtions are funtions of a publi nature, but, subjet to subsetion (4), does not inlude (i) (ii) (iii) Tynwald; the Legislative Counil; the House of Keys; or (iv) a person exerising funtions in onnetion with proeedings in Tynwald, the Legislative Counil or the House of Keys. (4) In relation to a partiular at, a person is not a publi authority by virtue only of subsetion (3) if the nature of the at is private. (5) In this setion, an at inludes a failure to at but does not inlude a failure to introdue in, or lay before, Tynwald, the Legislative Counil or the House of Keys a proposal for legislation; or pass any At. Page 8 AT 1 of 2001

9 Human Rights At 2001 Setion 7 7 Proeedings [P1998/42/7(1)-(3) and (5)-(7)] (1) A person who laims that a publi authority has ated (or proposes to at) in a way whih is made unlawful by setion 6(1) may bring proeedings against the authority under this At in the appropriate ourt or tribunal, or rely on the Convention right or rights onerned in any legal proeedings, but only if he is (or would be) a vitim of the unlawful at. (2) In subsetion (1), appropriate ourt or tribunal means suh ourt or tribunal as may be determined in aordane with rules; and proeedings against an authority inlude a ounterlaim or similar proeeding. (3) If the proeedings are made by way of petition of doleane, the appliant is to be taken to have a suffiient interest in relation to the unlawful at only if he is, or would be, a vitim of that at. 4 (4) Proeedings under subsetion (1) must be brought before the end of the period of one year beginning with the date on whih the at omplained of took plae; or suh longer period as the ourt or tribunal onsiders equitable having regard to all the irumstanes, but that is subjet to any rule of law imposing a striter time limit in relation to the proedure in question. (5) In subsetion (1) legal proeedings inludes proeedings brought by or at the instigation of a publi authority; and an appeal against the deision of a ourt or tribunal. (6) For the purposes of this setion, a person is a vitim of an unlawful at only if he would be a vitim for the purposes of Artile 34 of the Convention if proeedings were brought in the European Court of Human Rights in respet of that at. 8 Judiial remedies [P1998/42/8] (1) In relation to any at (or proposed at) of a publi authority whih the ourt finds is (or would be) unlawful, it may grant suh relief or remedy, or make suh order, within its powers as it onsiders just and appropriate. (2) But damages may be awarded only by a ourt whih has power to award damages, or to order the payment of ompensation, in ivil proeedings. AT 1 of 2001 Page 9

10 Setion 9 Human Rights At 2001 (3) No award of damages is to be made unless, taking aount of all the irumstanes of the ase, inluding any other relief or remedy granted, or order made, in relation to the at in question (by that or any other ourt), and the onsequenes of any deision (of that or any other ourt) in respet of that at, the ourt is satisfied that the award is neessary to afford just satisfation to the person in whose favour it is made. (4) In determining whether to award damages, or the amount of an award, the ourt must take into aount the priniples applied by the European Court of Human Rights in relation to the award of ompensation under Artile 41 of the Convention. (5) A publi authority against whih damages are awarded is to be treated for the purposes of the Civil Liability (Contribution) At 1981 as liable in respet of damage suffered by the person to whom the award is made. (6) In this setion ourt inludes a tribunal; damages means damages for an unlawful at of a publi authority; and unlawful means unlawful under setion 6(1). 9 Judiial ats [P1998/42/9] (1) Proeedings under setion 7(1) in respet of a judiial at may be brought only by exerising a right of appeal; on a petition of doleane; or 5 () in suh other forum as may be presribed by rules. (2) That does not affet any rule of law whih prevents a ourt from being the subjet of judiial review under a petition of doleane. 6 (3) In proeedings under this At in respet of a judiial at done in good faith, damages may not be awarded otherwise than to ompensate a person to the extent required by Artile 5(5) of the Convention. (4) An award of damages permitted by subsetion (3) is to be made against the Treasury; but no award may be made unless the Attorney General (or a person nominated by him), if not a party to the proeedings, is joined. (5) In this setion Page 10 AT 1 of 2001

11 Human Rights At 2001 Setion 9 ourt inludes a tribunal; judge inludes a member of a tribunal, a justie of the peae and a lerk or other offier entitled to exerise the jurisdition of a ourt; judiial at means a judiial at of a ourt and inludes an at done on the instrutions, or on behalf, of a judge. 9A Remedial orders [P1998/42/10] (1) This setion applies if a provision of an At of Tynwald or a publi doument has been delared under setion 4 to be inompatible with a Convention right and, if an appeal lies (i) (ii) (iii) all persons who may appeal have stated in writing that they do not intend to do so; the time for bringing an appeal has expired and no appeal has been brought within that time; or an appeal brought within that time has been determined or abandoned; or it appears to the Counil of Ministers, having regard to a finding of the European Court of Human Rights made after the oming into operation of this setion in proeedings against the United Kingdom in a ase relating to the Island that a provision of an At of Tynwald or a publi doument is inompatible with an obligation of the Island arising from the Convention. (2) If the Counil of Ministers onsiders that there are ompelling reasons for proeeding under this setion, it may by order make suh amendments to the At of Tynwald or publi doument as it onsiders neessary to remove the inompatibility. (3) If, in the ase of a publi doument, the Counil of Ministers onsiders that it is neessary to amend the At of Tynwald under whih the publi doument in question was made, in order to enable the inompatibility to be removed; and that there are ompelling reasons for proeeding under this setion, it may by order make suh amendments to the At of Tynwald as it onsiders neessary. 7 9B Remedial orders - further provisions [P1998/42/Sh 2] (1) A remedial order may AT 1 of 2001 Page 11

12 Setion 10 Human Rights At 2001 ontain suh inidental, supplemental, onsequential or transitional provision as the Counil of Ministers onsiders appropriate; () (d) be made so as to have effet from a date earlier than that on whih it is made; make provision for the delegation of speifi funtions; make different provision for different ases. (2) The power onferred by subsetion (1) inludes power to amend an At of Tynwald (inluding Ats of Tynwald other than that whih ontains the inompatible provision); and power to amend or revoke a publi doument (inluding publi douments other than that whih ontains the inompatible provision). (3) No person is to be guilty of an offene solely as a result of the retrospetive effet of a remedial order. (4) No remedial order may be made unless a draft of the order has been approved by Tynwald at the sitting at whih it is laid or at the next following sitting. (5) In this setion remedial order means an order under setion 9A. 8 Other rights and proeedings 10 Safeguard for existing human rights [P1998/42/11] A person s reliane on a Convention right does not restrit any other right or freedom onferred on him by or under any law having effet in the Island; or his right to make any laim or bring any proeedings whih he ould make or bring apart from setions 7 to Freedom of expression [P1998/42/12] (1) This setion applies if a ourt is onsidering whether to grant any relief whih, if granted, might affet the exerise of the Convention right to freedom of expression. (2) If the person against whom the appliation for relief is made ( the respondent ) is neither present nor represented, no suh relief is to be granted unless the ourt is satisfied that the appliant has taken all pratiable steps to notify the respondent; or Page 12 AT 1 of 2001

13 Human Rights At 2001 Setion 12 that there are ompelling reasons why the respondent should not be notified. (3) No suh relief is to be granted so as to restrain publiation before trial unless the ourt is satisfied that the appliant is likely to establish that publiation should not be allowed. (4) The ourt must have partiular regard to the importane of the Convention right to freedom of expression and, where the proeedings relate to material whih the respondent laims, or whih appears to the ourt, to be journalisti, literary or artisti material (or to ondut onneted with suh material), to the extent to whih (i) (ii) (5) In this setion the material has, or is about to, beome available to the publi; or it is, or would be, in the publi interest for the material to be published; any relevant privay ode. ourt inludes a tribunal; and relief inludes any remedy or order (other than in riminal proeedings). 12 Freedom of thought, onsiene and religion [P1998/42/13] (1) If a ourt s determination of any question arising under this At might affet the exerise by a religious organisation (itself or its members olletively) of the Convention right to freedom of thought, onsiene and religion, it must have partiular regard to the importane of that right. (2) In this setion, ourt inludes a tribunal. Derogations and reservations 13 Derogations and reservations [P1998/42/14(1)-(4) and (6); 15(1)-(4)] (1) In this At, designated derogation means any derogation from an Artile of the Convention, or of any protool to the Convention, whih is designated for the purposes of this At in an order made by the Counil of Ministers. 9 (2) In this At, designated reservation means any reservation to an Artile of the Convention, or of any protool to the Convention, whih is designated for the purposes of this At in an order made by the Counil of Ministers. AT 1 of 2001 Page 13

14 Setion 14 Human Rights At 2001 (3) A designation order may be made under subsetion (1) in antiipation of the making of a proposed derogation. (4) The Counil of Ministers must by order make suh amendments to this At as are neessary to reflet any designation order under subsetion (1) or (2). (5) In this setion, any referene to a derogation or a reservation is a referene to a derogation or reservation by the United Kingdom on behalf of the Island. 14 Period for whih designated derogations and reservations have effet [P1998/42/16] (1) If an order under setion 13 designating a derogation or reservation has not already been revoked, that derogation or reservation eases to be designated for the purposes of this At when in the ase of a reservation, it is withdrawn, whether in whole or in part; or in the ase of a derogation, when it is amended, replaed or withdrawn. 10 (2) The Counil of Ministers must by order make suh amendments to this At as are neessary to reflet the effet of subsetion (1). (3) Subsetion (1) does not prevent the Counil of Ministers from exerising its powers under subsetion (1) or subsetion (2) of setion 13 to make a fresh designation order. 15 Periodi reviews of designated derogations and reservations: reports to Tynwald (1) The Counil of Ministers must review all extant designated derogations and designated reservations at least one in eah sueeding period of 5 years following the date on whih setion 13 omes into operation. (2) The Counil of Ministers must ause a report on the results of the review to be prepared and laid before Tynwald. (3) Where the Counil of Ministers has notie of the happening of any of the events speified in paragraphs and of setion 14(1) it must ause a report to be laid before Tynwald. Parliamentary proedure 16 Statements of ompatibility [P1998/42/19] The explanatory memorandum of a Bill in the Legislative Counil or the House of Keys must inlude either Page 14 AT 1 of 2001

15 Human Rights At 2001 Setion 17 a statement to the effet that in the view of the member moving the Bill, its provisions are ompatible with the Convention rights; or a statement to the effet that although the member is unable to make suh a statement the member nevertheless wishes to proeed with the Bill. Supplemental 17 Rules and orders [P1998/42/2(3), 7(9) and (10) and 8(5)] (1) In this At (with the exeption of setion 18), rules means rules of ourt or, in the ase of proeedings before a tribunal, rules made for the purposes of this At by the Deemsters. (2) In making rules for the purpose of setion 7, regard must be had to setion 9. (3) All orders and rules under this At (with the exeption of orders under setion 9A or 23(2)) shall be laid before Tynwald as soon as pratiable after they are made, and if at the sitting at whih any order or rule is laid or at the next following sitting Tynwald fails to approve it, the order or rule shall ease to have effet Extension of enabling powers [P1998/42/7(11) and (12)] (1) A Department or other body or person whih has power to make rules in relation to a partiular tribunal may, to the extent it onsiders it neessary to ensure that the tribunal an provide an appropriate remedy in relation to an at (or proposed at) of a publi authority whih is (or would be) unlawful as a result of setion 6(1), by order add to the relief or remedies whih the tribunal may grant; or the grounds on whih it may grant any of them. (2) An order made under subsetion (1) may ontain suh inidental, supplemental, onsequential or transitional provision as the Department, body or person making it onsiders appropriate. 19 Interpretation, et [P1998/42/21] (1) In this At At means an At of Tynwald; AT 1 of 2001 Page 15

16 Setion 19 Human Rights At 2001 () (d) an At of Parliament whih has effet in the Island (diretly or by virtue of an Order in Counil); a Churh Measure whih has effet in the Island; an Order in Counil made in exerise of Her Majesty s Royal Prerogative and whih extends to or has effet in respet of the Island; and inludes any provision of a publi doument, instrument or Order in Counil whih is exluded from the definition of subordinate legislation ; Churh Measure means () (d) a Measure of the Churh Assembly; a Measure of the General Synod of the Churh of England; a Measure enated in aordane with the Churh Legislation Proedure At 1993; a Measure under the Churh (Appliation of General Synod Measures) At 1979 whih ontinues to have effet by virtue of setion 5(1) of the Churh Legislation Proedure At 1993; the Commission means the European Commission of Human Rights; the Convention means the Convention for the Protetion of Human Rights and Fundamental Freedoms, agreed by the Counil of Europe at Rome on 4th November 1950 as it has effet for the time being in relation to the Island; delaration of inompatibility means a delaration under setion 4; 11th Protool means the protool to the Convention (restruturing the ontrol mahinery established by the Convention) agreed at Strasbourg on 11th May 1994; 13th Protool means the protool to the Convention (onerning the abolition of the death penalty in all irumstanes) agreed at Vilnius on 3rd May 2002; 12 6th Protool [Repealed] 13 subordinate legislation means any publi doument; and any instrument of a legislative harater whih has effet in, or in relation to, the Island and whih is made under (i) (ii) an At of Parliament; or a Churh Measure; but does not inlude 1. any provision of a publi doument or an instrument referred to in paragraph whih amends an At; Page 16 AT 1 of 2001

17 Human Rights At 2001 Setion any provision of an Order in Counil whih extends a provision of an At of Parliament to the Island; or 3. any provision of a publi doument or an instrument referred to in paragraph whih operates to bring one or more provisions of an At into operation; tribunal means any tribunal in whih legal proeedings may be brought. (2) The referenes in setion 2(1) and () to Artiles are to Artiles of the Convention as they had effet immediately before the oming into fore of the 11th Protool. (3) The referene in setion 2(1)(d) to Artile 46 inludes a referene to Artiles 32 and 54 of the Convention as they had effet immediately before the oming into fore of the 11th Protool. (4) The referenes in setion 2(1) to a report or deision of the Commission or a deision of the Committee of Ministers inlude referenes to a report or deision made as provided by paragraphs 3, 4 and 6 of Artile 5 of the 11th Protool (transitional provisions). 20 Saving for riminal law [P1998/42/7(8)] Nothing in this At reates a riminal offene. 21 Appliation to Crown [P1998/42/22(5)] This At binds the Crown. 22 Transitional [P1998/42/22(4)] Setion 7(1) applies to proeedings brought by or at the instigation of a publi authority whenever the at in question took plae; but otherwise that subsetion does not apply to an at ommitted before the oming into fore of that setion. 23 Short title and ommenement (1) This At may be ited as the Human Rights At (2) This At shall ome into fore on suh day as the Counil of Ministers may by order appoint; and different days may be appointed for different purposes. 14 AT 1 of 2001 Page 17

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19 Human Rights At 2001 Shedule 1 SCHEDULE 1 THE ARTICLES Setion 1(3) PART I THE CONVENTION ARTICLE 2 Right to life 1. Everyone s right to life shall be proteted by law. No one shall be deprived of his life intentionally save in the exeution of a sentene of a ourt following his onvition of a rime for whih this penalty is provided by law. 2. Deprivation of life shall not be regarded as inflited in ontravention of this Artile when it results from the use of fore whih is no more than absolutely neessary: () in defene of any person from unlawful violene; in order to effet a lawful arrest or to prevent the esape of a person lawfully detained; in ation lawfully taken for the purpose of quelling a riot or insurretion. ARTICLE 3 Prohibition of torture No one shall be subjeted to torture or to inhuman or degrading treatment or punishment. ARTICLE 4 Prohibition of slavery and fored labour 1. No one shall be held in slavery or servitude. 2. No one shall be required to perform fored or ompulsory labour. 3. For the purpose of this Artile the term fored or ompulsory labour shall not inlude: any work required to be done in the ordinary ourse of detention imposed aording to the provisions of Artile 5 of this Convention or during onditional release from suh detention; AT 1 of 2001 Page 19

20 Shedule 1 Human Rights At 2001 () (d) any servie of a military harater or, in ase of onsientious objetors in ountries where they are reognised, servie exated instead of ompulsory military servie; any servie exated in ase of an emergeny or alamity threatening the life or well-being of the ommunity; any work or servie whih forms part of normal ivi obligations. ARTICLE 5 Right to liberty and seurity 1. Everyone has the right to liberty and seurity of person. No one shall be deprived of his liberty save in the following ases and in aordane with a proedure presribed by law: () (d) (e) (f) the lawful detention of a person after onvition by a ompetent ourt; the lawful arrest or detention of a person for non-ompliane with the lawful order of a ourt or in order to seure the fulfilment of any obligation presribed by law; the lawful arrest or detention of a person effeted for the purpose of bringing him before the ompetent legal authority on reasonable suspiion of having ommitted an offene or when it is reasonably onsidered neessary to prevent his ommitting an offene or fleeing after having done so; the detention of a minor by lawful order for the purpose of eduational supervision or his lawful detention for the purpose of bringing him before the ompetent legal authority; the lawful detention of persons for the prevention of the spreading of infetious diseases, of persons of unsound mind, aloholis or drug addits or vagrants; the lawful arrest or detention of a person to prevent his effeting an unauthorised entry into the ountry or of a person against whom ation is being taken with a view to deportation or extradition. 2. Everyone who is arrested shall be informed promptly, in a language whih he understands, of the reasons for his arrest and of any harge against him. 3. Everyone arrested or detained in aordane with the provisions of paragraph 1() of this Artile shall be brought promptly before a judge or other offier authorised by law to exerise judiial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be onditioned by guarantees to appear for trial. Page 20 AT 1 of 2001

21 Human Rights At 2001 Shedule 1 4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proeedings by whih the lawfulness of his detention shall be deided speedily by a ourt and his release ordered if the detention is not lawful. 5. Everyone who has been the vitim of arrest or detention in ontravention of the provisions of this Artile shall have an enforeable right to ompensation. ARTICLE 6 Right to a fair trial 1. In the determination of his ivil rights and obligations or of any riminal harge against him, everyone is entitled to a fair and publi hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronouned publily but the press and publi may be exluded from all or part of the trial in the interest of morals, publi order or national seurity in a demorati soiety, where the interests of juveniles or the protetion of the private life of the parties so require, or to the extent stritly neessary in the opinion of the ourt in speial irumstanes where publiity would prejudie the interests of justie. 2. Everyone harged with a riminal offene shall be presumed innoent until proved guilty aording to law. 3. Everyone harged with a riminal offene has the following minimum rights: () (d) (e) to be informed promptly, in a language whih he understands and in detail, of the nature and ause of the ausation against him; to have adequate time and failities for the preparation of his defene; to defend himself in person or through legal assistane of his own hoosing or, if he has not suffiient means to pay for legal assistane, to be given it free when the interests of justie so require; to examine or have examined witnesses against him and to obtain the attendane and examination of witnesses on his behalf under the same onditions as witnesses against him; to have the free assistane of an interpreter if he annot understand or speak the language used in ourt. ARTICLE 7 No punishment without law 1. No one shall be held guilty of any riminal offene on aount of any at or omission whih did not onstitute a riminal offene under national or international AT 1 of 2001 Page 21

22 Shedule 1 Human Rights At 2001 law at the time when it was ommitted. Nor shall a heavier penalty be imposed than the one that was appliable at the time the riminal offene was ommitted. 2. This Artile shall not prejudie the trial and punishment of any person for any at or omission whih, at the time when it was ommitted, was riminal aording to the general priniples of law reognised by ivilised nations. ARTICLE 8 Right to respet for private and family life 1. Everyone has the right to respet for his private and family life, his home and his orrespondene. 2. There shall be no interferene by a publi authority with the exerise of this right exept suh as is in aordane with the law and is neessary in a demorati soiety in the interests of national seurity, publi safety or the eonomi well-being of the ountry, for the prevention of disorder or rime, for the protetion of health or morals, or for the protetion of the rights and freedoms of others. ARTICLE 9 Freedom of thought, onsiene and religion 1. Everyone has the right to freedom of thought, onsiene and religion; this right inludes freedom to hange his religion or belief and freedom, either alone or in ommunity with others and in publi or private, to manifest his religion or belief, in worship, teahing, pratie and observane. 2. Freedom to manifest one s religion or beliefs shall be subjet only to suh limitations as are presribed by law and are neessary in a demorati soiety in the interests of publi safety, for the protetion of publi order, health or morals, or for the protetion of the rights and freedoms of others. ARTICLE 10 Freedom of expression 1. Everyone has the right to freedom of expression. This right shall inlude freedom to hold opinions and to reeive and impart information and ideas without interferene by publi authority and regardless of frontiers. This Artile shall not prevent States from requiring the liensing of broadasting, television or inema enterprises. 2. The exerise of these freedoms, sine it arries with it duties and responsibilities, may be subjet to suh formalities, onditions, restritions or penalties as are presribed by law and are neessary in a demorati soiety, in the interests of national seurity, territorial integrity or publi safety, for the prevention of disorder or rime, Page 22 AT 1 of 2001

23 Human Rights At 2001 Shedule 1 for the protetion of health or morals, for the protetion of the reputation or rights of others, for preventing the dislosure of information reeived in onfidene, or for maintaining the authority and impartiality of the judiiary. ARTICLE 11 Freedom of assembly and assoiation 1. Everyone has the right to freedom of peaeful assembly and to freedom of assoiation with others, inluding the right to form and to join trade unions for the protetion of his interests. 2. No restritions shall be plaed on the exerise of these rights other than suh as are presribed by law and are neessary in a demorati soiety in the interests of national seurity or publi safety, for the prevention of disorder or rime, for the protetion of health or morals or for the protetion of the rights and freedoms of others. This Artile shall not prevent the imposition of lawful restritions on the exerise of these rights by members of the armed fores, of the polie or of the administration of the State. ARTICLE 12 Right to marry Men and women of marriageable age have the right to marry and to found a family, aording to the national laws governing the exerise of this right. ARTICLE 14 Prohibition of disrimination The enjoyment of the rights and freedoms set forth in this Convention shall be seured without disrimination on any ground suh as sex, rae, olour, language, religion, politial or other opinion, national or soial origin, assoiation with a national minority, property, birth or other status. ARTICLE 16 Restritions on politial ativity of aliens Nothing in Artiles 10, 11 and 14 shall be regarded as preventing the High Contrating Parties from imposing restritions on the politial ativity of aliens. AT 1 of 2001 Page 23

24 Shedule 1 Human Rights At 2001 ARTICLE 17 Prohibition of abuse of rights Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any ativity or perform any at aimed at the destrution of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention. ARTICLE 18 Limitation on use of restritions on rights The restritions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for whih they have been presribed. PART IA - THE FIRST PROTOCOL 15 ARTICLE 1 Protetion of property Every natural or legal person is entitled to the peaeful enjoyment of his possessions. No one shall be deprived of his possessions exept in the publi interest and subjet to the onditions provided for by law and by the general priniples of international law. The preeding provisions shall not, however, in any way impair the right of a State to enfore suh laws as it deems neessary to ontrol the use of property in aordane with the general interest or to seure the payment of taxed or other ontributions or penalties. ARTICLE 2 Right to eduation No person shall be denied the right to eduation. In the exerise of any funtions whih it assumes in relation to eduation and to teahing, the State shall respet the right of parents to ensure suh eduation and teahing in onformity with their own religious and philosophial onvitions. 16 ARTICLE 3 Right to free eletions The High Contrating Parties undertake to hold free eletions at reasonable intervals by seret ballot, under onditions whih will ensure the free expression of the opinion of the people in the hoie of the legislature. Page 24 AT 1 of 2001

25 Human Rights At 2001 Shedule 2 PART II 13TH PROTOCOL 17 ARTICLE 1 Abolition of the death penalty The death penalty shall be abolished. No-one shall be ondemned to suh penalty or exeuted. SCHEDULE 2 18 SCHEDULE 3 DESIGNATED RESERVATION Setion 1(2) 19 RESERVATION OF 9 OCTOBER 2001 TO ARTICLE 2 OF THE FIRST PROTOCOL TO THE CONVENTION In view of ertain provisions of the Eduation At 2001 (of Tynwald) or, until the oming into operation of that At, the Isle of Man Eduation At 1949, the priniple affirmed in the seond sentene of Artile 2 is aepted by the United kingdom only so far as it is ompatible with the provision of effiient instrution and training, and the avoidane of unreasonable publi expenditure in the Isle of Man. AT 1 of 2001 Page 25

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27 Human Rights At 2001 Endnotes ENDNOTES Table of Legislation History Legislation Year and No Commenement Table of Renumbered Provisions Original Current Table of Endnote Referenes 1 Para (aa) inserted by SD110/02. 2 Para substituted by SD645/04. 3 Subs (2) amended by SD110/02. 4 See General Note. 5 See General Note. 6 See General Note. 7 S 9A inserted by Human Rights (Amendment) At 2010 s 3. 8 S 9B inserted by Human Rights (Amendment) At 2010 s 3. 9 Definition of designated derogation substituted by Human Rights (Amendment) At 2010 s Para amended by Human Rights (Amendment) At 2010 s Subs (3) amended by Human Rights (Amendment) At 2010 s Definition of 13th Protool inserted by SD645/ Definition of 6th Protool repealed by SD645/ ADO (ss 1(4), (5) and (6), 13,14,17,18, 19 (but only to the extent neessary for the operation of the provisions brought into fore by this Order), 23) 1/3/2001 (SD65/01); (the provisions not already in fore) 1/11/2006 (SD347/06). 15 Part IA inserted by SD110/ See para 3 SD110/02 and Shedule 3 to this At for designation of reservation. 17 Part II substituted by SD645/ Sh 2 repealed by Human Rights (Amendment) At 2010 s Sh 3 added by SD110/02. AT 1 of 2001 Page 27