Government's Obligations

It is unlawful for government to act contrary to the Bill of Rights’ principles. If it is alleged that government has acted unlawfully, complainants can bring cases to local courts.

• All local laws must be in line with the Bill of Rights. If a law breaches local human rights principles, the court can declare that it is not in line with the Bill of Rights and refer it back to the Legislative Assembly. This gives the Legislative Assembly an opportunity to amend the law, to make sure it complies with the Bill of Rights.
• When making human rights judgments, the Cayman Island’s courts must consider European Court case law. However, local courts are also required to interpret some rights using the principle of "margin of appreciation," which means that a government may lawfully infringe human rights if it is justified, and serves a legitimate public purpose.
• When sponsoring a new bill, Ministers must ensure that it upholds the Bill of Rights.

Last Updated: 2010-08-16