The Government take the protection of human rights very seriously. We ensure that all new constitutions contain a Bill of Rights that reflects, at a minimum, the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights. This ensures that all groups, whether or not specifically mentioned in each Bill of Rights, have at least the same degree of protection under the relevant constitution as people in the UK have under the ECHR and Human Rights Act. Under these instruments discrimination on the ground of sexual orientation is prohibited.
In addition, we strongly encourage each Overseas Territory to agree to include a specific prohibition on discrimination on the grounds of sexual orientation in their new constitutions. The outcome depends on the constitutional negotiation with each territory.
Since 2006, the Government have agreed new constitutions with five Overseas Territories and implemented them by Order in Council: the British Virgin Islands, the Falkland Islands, Gibraltar, the Turks and Caicos Islands and the Cayman Islands (not yet in force). Only the Falkland Islands' constitution specifically mentions sexual orientation as a ground on which discrimination is prohibited.
The new St. Helena, Ascension and Tristan da Cuhna Constitution, which has been agreed and will be submitted to Her Majesty the Queen in the Privy Council on 8 July 2009, also specifically mentions sexual orientation as a ground on which discrimination is prohibited.
The Government take the protection of human rights very seriously. Even though there may not be specific provision within a constitution for non-discrimination on the grounds of sexual orientation, we do ensure that all constitutions contain a Bill of Rights that reflects at a minimum the European Convention of Human Rights (ECHR) and the International Covenant on Civil and Political Rights. The effect is that all groups, whether or not specifically mentioned in the Bill of Rights have at least the same degree of protection under the constitution as people in the UK have under the ECHR and the Human Rights Act.
Six new Overseas Territory constitutions—the British Virgin Islands, the Cayman Islands, Gibraltar, the Falklands Islands, the Turks and Caicos Islands, and St. Helena, Ascension Island and Tristan da Cunha—have been agreed since 1997. In each case the constitution contains a Bill of Rights that reflects at a minimum the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights. This means that everyone in those territories has at least the same degree of protection under each constitution as people in the UK have under the ECHR and the Human Rights Act. It also means discrimination on the grounds of sexual orientation, as enshrined in the ECHR, is prohibited.