Changes proposed for Jersey's human rights laws

The suggested changes have been made to make the current laws more effective

The Jersey Law Commission has suggested 11 possible changes to the island's human rights laws after launching a review.

Since 1953, people in Jersey have been protected by the European Convention on Human Rights (ECHR), which guarantees basic rights like fair trials, privacy and respect for family life and protection of property.

However, these rights could not be directly enforced in Jersey courts until the States Assembly passed the Human Rights (Jersey) Law 2000 (HRJL), which came into effect on 10 December 2006.

Following a review, the Jersey Law Commission has suggested possible changes in a bid to make the HRJL more effective.

The proposed changes include enabling Jersey Courts to award damages and simplifying court rules.

A summary of the changes can be found below:

1. Allow ministers and the States Assembly to quickly update Jersey laws ruled incompatible with human rights by the courts.

2. Let Jersey courts issue a new kind of "quashing order" when they rule Regulations or Orders made by ministers breach human rights.

3. Allow courts to award damages if someone is imprisoned after an unfair trial.

4. Let Jersey courts award damages if a law passed by the States Assembly causes harm because it breaches human rights.

5. Require ministers to explain how all proposed laws, not just principal Laws, affect human rights.

6. Update the HRJL by using the term "draft Law" rather than "projet de loi".

7. Improve access to free and affordable mediation and other ways of resolving human rights grievances.

8. Redraft the guidelines so eligibility for legal aid in human rights cases is clearer.

9. Make the rules about deadlines for starting human rights challenges against public authorities easier to understand.

10. Provide better resources and information to help everybody in Jersey know about their rights and how to protect them.

11. Ensure there's a coordinated approach to assessing the impact of new laws on ECHR rights and children's rights.

A final report will be published in February 2026, a Jersey Law Commission spokesperson confirmed.