Human rights in the British Virgin Islands are codified in the 2007 constitution.[1]
Section 9 of the constitution is entitled Fundamental rights and freedoms of the individual, and provides:
| “ | Whereas every person in the Virgin Islands is entitled to the fundamental rights and freedoms of the individual;
Whereas those fundamental rights and freedoms are enjoyed without distinction of any kind, such as sex, race, colour, language, religion, political or other opinion, national, ethnic or social origin, association with a national minority, property, family relations, economic status, disability, age, birth, sexual orientation, marital or other status, subject only to prescribed limitations; Whereas it is recognised that those fundamental rights and freedoms apply, subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely— (a) life, equality, liberty, security of the person and the protection of the law; (b) freedom of conscience, expression, movement, assembly and association; and (c) protection for private and family life, the privacy of the home and other property and from deprivation of property save in the public interest and on payment of fair compensation; Now, therefore, it is declared that the subsequent provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms, and to related rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the protected rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. |
” |
The subsequent sections of the constitution enumerate and elaborate on certain specific basic human rights:
The constitution also provides for the formation of a Human Rights Commission to oversee the protection of human rights in the jurisdiction (section 34), although to date no such committee has been formed.
The British Virgin Islands Criminal Code creates certain specific criminal offences relating to human rights, such as genocide, but does not contain any general statement of human rights.
In practice, basic human rights are broadly respected in the British Virgin Islands; reports of repression of freedom of speech, interference with democracy or the rule of law and arbitrary arrest and torture are virtually unknown. Although complaints are periodically made about the length of time that prisoners are held on remand prior to trial.
However, the laws in the British Virgin Islands do openly discriminate against people who do not hold belonger status of the British Virgin Islands, and this form of discrimination is expressly preserved in the constitution (section 26(4)(b)), and excluded from the scope of the non-discrimination protections.
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