The Isle of Man is a Crown Dependency located in the Irish Sea between the islands of Great Britain and Ireland with a population in 2015 estimated to be approximately 88,000. It enjoys a high degree of domestic, legislative and political autonomy through its ancient Parliament Tynwald. By convention, the United Kingdom Government is responsible for the conduct of the international relations and defence of the island. The Isle of Man does not have a written constitution, or a Bill of Rights which sets out its Human Rights. These rights are addressed in the Human Rights Act 2001. The island has also ratified a number of international treaties.
Legal framework
International treaties
The Isle of Man has ratified six of the nine core human rights treaties. Namely the: International Convention on the Elimination of All Forms of Racial Discrimination (CERD) International Covenant on Civil and Political Rights (ICCPR) International Covenant on Economic, Social and Cultural Rights (ICESCR) Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) Convention on the Rights of the Child (CRC) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) As a Crown Dependency, The United Kingdom (UK) is responsible for the international relations for the Isle of Man. The Isle of Man is not subject to the Universal Periodic Review (UPR) process as it is not a member state of the United Nations. However, in its reports on the UK, the UPR often gives recommendations to the UK to urge its overseas territories to implement its recommendations. The Isle of Man has agreed to some UPR recommendations such as ratifying the Optional Protocol on the Convention against Torture in 2014.
European Convention on Human Rights
The European Convention on Human Rights (ECHR) was ratified by the UK in 1951 and in 1953; the UK extended the Convention to the Isle of Man. The ECHR was used in the Isle of Man to protect its citizen’s human rights and fundamental freedoms. The ECHR established the European Court of Human Rights, where any individual who feels his or her rights have been violated under the Convention can take their case to the Court. The judgements of the Court are binding on the States concerned. The Convention extends fundamental human rights to individuals such as the right to life, the right to a fair trial and freedom of expression.
Human Rights Act 2001
The Human Rights Act was passed by Tynwald in 2001 and came fully into force on 1 November 2006. This Act is similar in many respects to the UK Human Rights Act. The Act incorporates the fundamental rights and freedoms set out in the ECHR into its domestic law. Previously, an Isle of Man resident who believed that their rights had been violated had to go to the Court of Human Rights in Strasbourg, France to have their case heard. This process could be long and expensive and so the Government decided that the public should be able to guarantee their rights on the Isle of Man.
The Human Rights Act ensures that all public authorities act in a way which is compliant with the main articles of the ECHR. The rights enshrined within the Act are designed to protect the individual against any abuses by the State. They are not designed to settle disputes between individuals. If the Act cannot be interpreted in a way which complies with the Convention, a declaration of incompatibility can be made. This is a sign to Tynwald that the law should be changed, but there is no obligation for Tynwald to do so. If Tynwald do not amend the law, then the applicant can take their case to the ECHR.
Human rights issues
Right to life
Under pressure from the UK government, and to meet ECHR requirements, the death penalty was abolished in 1993 on the Isle of Man; however the last execution had not taken place since 1872. The Isle of Man was the last place in the British Isles to formally abolish the death penalty.
Electoral rights
The House of Keys has 24 members, elected for a five-year term. The Isle of Man lowered its voting age from 18 to 16 in 2006. The Isle of Man became the first action for women’s suffrage by granting women who owned property the right to vote in 1881.
Employment rights
The Employment Act 2006 sets out a number of employee and employer rights on the Isle of Man such as the right to a minimum wage, the right to a minimum period of notice and unfair dismissals. Pursuant to the Miniumum Wage Act 2001, the Isle of Man has a minimum wage committee who determine different minimum wage amounts depending on the age of the employee.