Connect with us

News

TCI HUMAN RIGHTS COMMISSION ON GOVERNMENT COVID-19 POLICIES

Published

on

#TurksandCaicos, May 3, 2021 – The Turks and Caicos Islands Government recently announced the following policies with a view of mitigating against the effects of the Covid-19 pandemic:

  1. mandatory vaccination as a condition to obtain a work permit (both new and renewal).
  2. mandatory weekly testing of public facing public servants who decide not to be vaccinated.
  3. requiring vaccines to obtain benefit in certain circumstances (e.g., easier re-entry into TCI for vaccinated residents, etc.)

The Human Rights Commission is mandated to take appropriate steps to protect the rights of all residents of the Turks and Caicos Islands and in doing so must act in accordance with the Islands’ Constitution which enshrines various human rights as fundamental rights and freedoms to be enjoyed by all residents of the Islands. Whilst some human rights are absolute, others can be derogated when required by circumstances of public emergencies. The Constitution, like other human rights conventions, allows for the Government to derogate some of the non-absolute fundamental rights during periods of public emergency.  

The Commission has considered the policies of the Government and agree that it is empowered under both the Constitution and international conventions to derogate some of the non-absolute rights.  In so doing, the government is required to balance the protection of rights against public safety while ensuring that absolute rights are maintained. In the case of the Covid-19 policies, the right of one individual not to be vaccinated must be weighed against the right to life of the general population.  This balancing act is a key component of democratic societies. In seeking to balance, the Government must act reasonably, proportionately and in the best interest of the greater population.

The following is a consideration of relevant fundamental human rights:

The right to life (Section 2 of the TCI Constitution)

This is an absolute fundamental human right and cannot be derogated. Accordingly, the Government cannot deliberately take a person’s life. This includes a duty to take proactive, reasonable steps (not all possible steps) to protect a person’s life; and applies when Government knows (or ought to have known) that life is at serious and immediate risk. In a health setting, reasonableness is judged against broadly accepted medical opinion. It is the Commission’s view that the Government has taken reasonable, proportionate, and pro-active steps to protect the lives of its citizens and residents.  None of the Government’s actions places any life at serious and immediate risk.

The right to be free from inhuman or degrading treatment (Section 3 of the TCI Constitution)

This is an absolute right and protects against serious physical or mental harm from the Government, whether that harm is intentional or not. The Commission views the Government’s action as proportionate and adequate to protect the general public of harm (both mental and physical).  None of the actions will result in inhumane or degrading treatment or harm.

Right to liberty (Section 5 of the TCI Constitution)

This is NOT an absolute right and can be derogated.   A person is deprived of their liberty when they are living under constant supervision and/or control and they are not free to leave.  The right can be restricted when necessary, under very specific circumstances.  A deprivation of liberty is only allowed if it is lawful, legitimate, and proportionate including for the purpose of ‘the prevention of the spreading of infectious diseases. ’Government’s action to implement the policies for the purpose of the prevention of Covid-19.  The actions are reasonable and proportionate and does not extremely restrict people’s movements.

The right to private and family life (Section 9 of the TCI Constitution

This is NOT an absolute right and can be derogated.  It protects our right to respect for private and family life including physical and mental wellbeing and autonomy (e.g., being able to make decisions about your health and care).  Condition of vaccination to enjoy certain benefits (entry into public places, hassle free travel, etc.) may in normal circumstances be a contravention of this fundamental right.  It is the Commission’s view that the Government action to derogate this right is warranted under the period of emergency and the derogation of the right is both reasonable and proportionate.  Persons are allowed to make the choice about their health however, the government has placed reasonable and proportionate restrictions based on the choice made in the best interest of the population at large.    

The right to be free from discrimination (Section 16 of the TCI Constitution):

This is NOT an absolute right and can be derogated.  This right seeks to protect our right not to be discriminated against and means that we should all be able to enjoy our human and fundamental rights without discrimination.  Differential treatment of people may not be discriminatory if it can be objectively and reasonably justified.  In this case with the ongoing public health emergency the action by the Government can be objectively and reasonably justified in the best interests of the population.

Case law in the EU and Caribbean

Courts in both Europe and the Caribbean have considered contravention of human and fundamental rights claims in relation to mandatory vaccines and derogation of citizens’ rights in times of emergency and crisis.

The European Court of Human Rights ruled that the Czech Republic did not contravene any of the EU Human Rights conventions by requiring mandatory vaccinations (it was not, however, in relation of the Covid-19 vaccine).

The Court in Trinidad and Tobago ruled that the Governments action to refuse entry of citizens into Trinidad and Tobago was not in contravention of any constitutional and fundamental human rights during a time of crisis.

Conclusion

The Commission is not persuaded that the Government’s policies have contravened any rights enshrined in the Constitution. Further, that the policies as implemented are so done for the protection of the public in this time of emergency caused by the Covid-19 pandemic is reasonable and proportionate and it is in their opinion in the best interest of the greater good.  We do not think that any of the actions by the Government described herein contravenes any human right or fundamental constitutional right of any resident of the Turks and Caicos Islands.

The Human Rights Commission continues to exercise its role as a watchdog institution and for the protection of rights for everyone residing in the Turks and Caicos Islands.

END

News

DEPARTMENT OF TOURISM REGULATIONS INTRODUCES “RATE YOUR RIDE” SYSTEM FOR TOURISTS VISITING THE TURKS AND CAICOS ISLANDS

Published

on

FROM THE MINISTRY OF TOURISM

 

Providenciales, Turks and Caicos Islands, 27th March, 2024 – Providenciales, Turks and Caicos Islands: The Department of Tourism Regulations is proud to unveil the “Rate Your Ride” system, a new initiative designed to enhance the vacation experience for tourists exploring our picturesque islands.

The “Rate Your Ride” system empowers tourists to provide valuable feedback on the quality of transportation services they receive while visiting the Turks and Caicos Islands. Through an easy-to-use online form, tourists can rate factors such as cleanliness, comfort, safety, and professionalism of drivers, helping us to assure the highest quality of service standards across all modes of transportation.

By participating in the “Rate Your Ride” system, tourists play a crucial role in shaping the future of transportation services in the Turks and Caicos Islands. Their feedback will enable us to identify areas for improvement and ensure that every visitor enjoys safe, comfortable, and convenient travel throughout their stay in the Turks and Caicos.

The code will also be publicly accessible through the cooperation of volunteer drivers who will make the rating code available in their vehicles. Flyers and stickers displaying the code will be distributed at hotels, resorts and airports. The mandated display of these codes is expected to align with the rollout of our tourism regulations in 2025.

For more information about the “Rate Your Ride” system and other initiatives by the Department of Tourism Regulations, please visit gov.tc/tourismregulations/or contact us via telephone at 946-4970 and email at tourismregulations@gov.tc.

Continue Reading

News

THE DEPARTMENT OF BEHAVIOURAL HEALTH SERVICES CONDEMNS RECORDING OF PERSONS WHO ARE IN CRISIS

Published

on

FROM THE MINISTRY OF HEALTH AND HUMAN SERVICES

 

Providenciales, Turks and Caicos Islands, 27th March 2024– The Department of Behavioral Health Services is appealing to the general public to refrain from recording and circulating videos of persons who may appear to be experiencing a mental health crisis. Anyone can experience a mental health crisis at some point in their life. According to the World Health Organization, 1 in 4 people will experience a mental health problem in any given year. Persons may struggle with very common conditions such as Anxiety and Depression or be diagnosed with more serious conditions like Bipolar Disorder or Psychosis.

“There are a lot of misunderstandings about various mental health conditions and how they may manifest. In addition, there are a number of negative perceptions and misconceptions that society exhibits towards people with mental health problems. However, just as we would show care and concern for someone diagnosed with Cancer, or any other physical illness, in the same way, we need to be as caring and helpful to persons with mental illnesses”– stated Director of the Department of Behavioral Health Services, Dr. Alicia Malcolm.

The Department is urging the public to call the following numbers if you see someone who appears to be experiencing a mental health crisis:

338-5473/338-3616: Providenciales, North or Middle Caicos

338-3614/338-3612: Grand Turk, South Caicos, Salt Cay

338-6301: Nights and Weekends

If someone is putting themselves or someone else in immediate, serious risk of harm, call 911.

The Department of Behavioral Health services is here to help and provides the following services which are free and confidential:

Location of above services:

o             Sam Harvey Building, Down Town, Providenciales,

o             Primary Health Care Department, Cheshire Hall Medical Center, Providenciales 

o             Department of Behavioural Health, Duncombe Alley, Grand Turk

 

Let’s all do our part in creating a community where people with mental health problems feel respected, supported and cared for. 

For additional information, please visit the Ministry of Health’s Facebook page on https://www.facebook.com/tciministryofhealth/ or the Department of Behavioral Health Services Faceebook on https://www.facebook.com/TCIDBHS/.

Continue Reading

News

Breaking Ground: TCI Could Lead in Regional Communication Standards

Published

on

Cardiff, Wales, United Kingdom, 27th March 2024: The PR, marketing, and communications sector is poised for potential growth and could lead the Caribbean region in terms of industry standards says Damian Wilson. Wilson’s suggestion comes after the release of a new research report into the current trends and future direction of the sector as a possible emerging industry in the Turks & Caicos Islands (TCI).

Wilson is the report’s author, which conveys the findings of research which he initiated. “One of the key research results is the considerable optimism by industry practitioners and government alike, with persons seeing growth potential. I believe that we can become regional leaders in this field. I believe that one of the initiatives that could be used to do this is by establishing a ‘TCI Centre of Communications Excellence’ within the TCI Community College. Such an institute would be dedicated to communication and media innovation with a particular focus on digital communications and ICT,” says Wilson.

He further explained, “I believe that the PR, marketing, and communications sector, like much of the country, is at a crossroads and could have an even greater impact on our socio-economic fabric. Some may have concerns about our small size, but I believe this makes us far more agile than our neighbours. All in all, any potential growth must be underpinned by new investments, professional development, and a strategy to integrate the sector into the broader economy.”

Wilson also said that he sees his research as a first step in understanding our own industry sectors in the TCI and would love to see more profound research and analysis conducted. He’s hoping that the report will spark discussion along those lines. The report is entitled ‘Current Trends and Future Direction: A Preliminary Report on the PR, Marketing, and Communications Sector in the Turks & Caicos Islands’. Anyone wanting a copy of the report can contact Damian Wilson via his email, damian.wilson.pr@gmail.com.

Continue Reading

FIND US ON FACEBOOK

TRENDING