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United Nations CCPR/C/GBR/7 United Nations CCPR/C/GBR/7 International Covenant on Distr.: General 29 April 2013 Civil and Political Rights Original: English Human Rights Committee Consideration of reports submitted by States parties under article 40 of the Convention Seventh periodic reports of States parties due in July 2012 United Kingdom, the British Overseas Territories, the Crown Dependencies* [29 December 2012] * In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not edited. GE.13-43086 CCPR/C/GBR/7 Contents Paragraphs Page List of abbreviations ................................................................................................................ 4 Foreword ................................................................................................................ 1-8 5 I. General information ................................................................................................................ 9-188 7 A. Introduction ............................................................................................................. 9-15 7 B. Overseas Territories ................................................................................................ 16-106 8 C. Crown Dependencies............................................................................................... 107-173 23 D. Information and publicity ........................................................................................ 174-177 33 E. Status of the declarations, reservations and derogation ........................................... 178-188 33 II. Reporting on the substantive provisions ................................................................................. 189-1348 46 A. Response to the concluding observations ................................................................ 189-213 46 B. Information relating to each of the articles in parts I, II and III of the Covenant .... 214-1348 49 Article 1 – Self-determination ................................................................................. 216-301 49 Article 2 and 26 – Non-discrimination and equality before the law ........................ 302-413 62 Article 3 – Gender equality ..................................................................................... 414-473 77 Article 4 – Derogation ............................................................................................. 474-496 85 Article 5 – Interpretation ......................................................................................... 497-512 88 Article 6 – Right to life ........................................................................................... 513-553 90 Article 7 – Prohibition of torture and cruel, inhuman or degrading treatment ........ 554-602 95 Article 8 – Slavery and forced labour ..................................................................... 603-650 102 Article 9 – Liberty and security ............................................................................... 651-712 108 Article 10 – Treatment of detainees ........................................................................ 713-792 117 Article 11 – Inability to fulfil a contract .................................................................. 793-809 127 Article 12 – Freedom of movement ........................................................................ 810-839 129 Article 13 – Expulsion of aliens .............................................................................. 840-865 132 Article 14 – Procedural guarantees ......................................................................... 866-932 135 Article 15 – Retrospective punishment ................................................................... 933-947 144 Article 16 – Recognition as a person ....................................................................... 948-965 146 Article 17 – Privacy................................................................................................. 966-995 147 Article 18 – Freedom of thought ............................................................................. 996-1028 152 Article 19 – Freedom of opinion ............................................................................. 1029-1067 155 Article 20 – War propaganda and incitement to discrimination .............................. 1068-1094 161 Article 21 – Freedom of assembly .......................................................................... 1095-1130 164 Article 22 – Freedom of association ........................................................................ 1131-1159 168 Article 23 – Family and marriage............................................................................ 1160-1201 171 2 CCPR/C/GBR/7 Article 24 – Rights of children ................................................................................ 1202-1269 176 Article 25 – Rights of citizens ................................................................................. 1270-1312 185 Article 27 – Rights of minorities ............................................................................. 1313-1348 190 3 CCPR/C/GBR/7 List of abbreviations BME = Black and Minority Ethnic CDs = Crown Dependencies (comprising the Isle of Man, the Bailiwick of Jersey, the Bailiwick of Guernsey and its dependencies) CRE = Commission for Racial Equality DRC = Disability Rights Commission ECHR = Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights). ECtHR = European Court of Human Rights EHRC = Equality and Human Rights Commission EOC = Equal Opportunities Commission HRA = Human Rights Act 1998 HRC = United Nations Human Rights Committee ICCPR = International Covenant on Civil and Political Rights IPCC = Independent Police Complaints Commission OTs = British Overseas Territories covered by the ICCPR (comprising Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, Henderson, Ducie and Oeno Islands, St. Helena and its dependencies (Ascension Island and Tristan da Cunha), and the Turks and Caicos Islands). UK = United Kingdom (comprising England, Wales, Scotland and Northern Ireland) 4 CCPR/C/GBR/7 Foreword 1. The rights debate in the UK since 2001 has been about where to draw the line and how to set the balance between public security and individual rights. This debate has been invigorated by the new coalition government in the UK, which has committed itself to promoting a greater understanding of rights, as well as a progressive re-examination of many areas of its own rights policy. 2. Since the publication of the UK Government’s sixth report on the International Covenant on Civil and Political Rights, the coalition government’s reappraisal of rights has enabled it to address areas where it has felt the balance had shifted too far in a particular direction, or where recent events had revealed a gap in the protections offered or how the protections are given effect. The controversial control orders regime has thus been repealed and replaced with Terrorism Investigation and Prevention Measures, pre-trial detention has been reduced to 14 days from 28 days, identity cards were scrapped and the National Identity register was destroyed in February 2011, and a series of initiatives by a number of government departments, such as the anti-Muslim hatred work of the Department of Communities and Local Government, address discrimination against religious minorities, and in particular against Islam. 3. Other consequences to the response to terrorism continue to progress towards their respective resolutions. For instance, the police investigations against allegations of UK complicity in mistreatment of foreign nationals in third countries continue and are expected to be subject to a judge-led review once they have been completed. 4. In the time since the previous periodic report, the UK has also faced a number of challenging domestic incidents that have tested areas of its rights regime. In the summer of 2011 the civil disturbances in a number of cities across metropolitan UK marked a temporary rise in the numbers of young people being tried and sentenced in UK courts, but were also handled without invoking extraordinary measures or derogating rights. The protests related to the financial crisis that have characterised recent years were mostly handled without incident, though they have required reconsideration of certain police crowd management methods. 5. Building on the universal periodic report process, the UK government has engaged widely with non-governmental organisations, including the UK’s national human rights institutions, to enrich and balance the report. Their input confirmed our belief that monitoring the protection of civil and political rights is not merely about cataloguing restrictions to liberties and developments that only impact on small sections of the population and foreign groups. It is about explaining a much broader story, one which contains a great deal that the UK can be proud of. 6. For instance, the adoption and implementation of the Equalities Act 2010 is a significant extension and rationalisation of our equalities rights, placing as it does all protected characteristics under a common legislative framework for the first time in the UK. 7. Of great impact to the character of this report has been the increase in devolution of powers in areas of relevance to human rights in the devolved nations of Wales, Scotland and Northern Ireland. Working within the framework
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