Alban’s (Grand Cayman) & St Mary’s (Cayman Brac)
Rev Nicholas Sykes
Concluding the series of comparisons between sections of our proposed Cayman Islands Bill and the corresponding Articles of the Convention.
THE CAYMAN ISLANDS DRAFT BILL OF RIGHTS, FREEDOMS AND
RESPONSIBILITIES WITH THE EUROPEAN CONVENTION ON HUMAN RIGHTS.
sections of CI BRFR do not correspond with any of the main ECHR
Articles but are sometimes reflected by Protocols.
BRFR Section 27 provides for the court to make a grant of relief or
remedy or to grant a just and appropriate order in relation to
“any decision or act of a public official which the court finds is
(or would be) unlawful”.
BRFR Section 27.-(1) In
relation to any decision or act of a public official which the court
finds is (or would be) unlawful, it may grant such relief or remedy,
or make such order, within its powers as it considers just and
No award of damages is to be made unless, taking account of all the
circumstances of the case, including—
any other relief or remedy granted, or order made, in relation to
the act in question (by that or any other court); and
the consequences of any decision (of that or any other court) in
respect of that act,
the court is satisfied that the award is necessary to afford just satisfaction to the person in whose favour it is made.
28 Interpretation of
the Bill of Rights
BRFR Section 28 defines various key terms used in the Bill.
of the Bill of Rights
BRFR Section 28. In this Part -
“act” includes a failure to act but excludes a failure to introduce before the Legislative Assembly, or for the Legislature to enact, primary legislation;
has the meaning ascribed to it in the laws of the Cayman Islands for
in relation to any requirement includes failure to comply with that
requirement, and cognate expressions shall be construed accordingly;
a naval, military or air force;
any police force or prison service in the Cayman Islands;
of a disciplined force is a person who, under the law regulating the
discipline of that force, is subject to that discipline;
means a person who has not attained the age of eighteen years or such
other age as may be prescribed for this purpose by any law;
legislation” means a Law enacted by the Legislature;
includes a public or governmental body, including any statutory body
or company or association in which the Cayman Islands has an interest
and which performs a public function or duty;
includes any organisation or person carrying out a public function or
duty, including the Governor, except where the nature of their act is
unless otherwise stated, excludes private schools (whether or not in
receipt of government funding, subsidy or other assistance), churches,
the Legislature and the courts.