Law Review: Jersey Lacks a Strong Human Rights Culture

Jersey's Human Rights Culture Falls Short, Says Legal Expert

A prominent law expert has raised concerns that Jersey has failed to develop the human rights culture that was envisioned when the Human Rights (Jersey) Law 2000 was introduced 25 years ago. Professor Andrew Le Sueur, a key member of the Jersey Law Commission, presented his review of the law at an event hosted by the Jersey Human Rights Group (JHRG) on Monday.

When Jersey signed the European Convention on Human Rights in 2000, it was with the hope that islanders would not only understand their rights but also feel empowered to enforce them. However, Professor Le Sueur’s findings suggest that this goal has yet to be fully realised.

The Jersey Law Commission is currently consulting on 11 proposals to improve and strengthen the application of the Human Rights (Jersey) Law 2000, with the aim of making these rights more accessible to all islanders.

Lack of Awareness and Access

Professor Le Sueur emphasized the need for a cultural shift regarding human rights awareness. "While the law has achieved some technical successes, it hasn't fostered a widespread understanding that we all have rights that deserve respect," he said.

The law expert pointed out that, in a typical year, there are at least 20 cases where individuals reference human rights, yet only a small number involve public authorities. Since the HRJL was introduced, only nine cases have challenged public bodies, with just four of those brought by women—three of whom were supported by male partners.

The professor attributed this lack of engagement to a general ignorance about what the European Convention on Human Rights actually means for islanders. "There is a clear lack of awareness of the rights people are entitled to," he noted.

Challenges in Enforcement

JHRG Chair, Deputy Montfort Tadier, also highlighted the struggles faced by certain groups in enforcing their human rights. He noted that there are indications that women and those with lower incomes may find it especially difficult to navigate the complexities of human rights law or even understand how to access legal help.

Deputy Tadier stressed, "To enforce your rights, you need access to legal resources, but not everyone in Jersey has that privilege."

Professor Le Sueur’s review also pointed out that public education about human rights has waned since the original campaign following the law’s introduction. This decline in awareness, combined with the challenges of enforcement, signals that much work remains to be done to create the robust human rights culture that was initially intended.

As the Jersey Law Commission moves forward with its reform proposals, the need for greater public understanding and easier access to legal support has never been more pressing.