RIGHTS-FREEDOMS-RESPONSIBILITIES - NOT SIMPLY TO PROTECT US FROM GOVERNING AUTHORITY - BUT ALSO FROM OURSELVES!

Today I begin a journey to uncover and de-myth what would appear to be a most dissatisfying and inadequate mis-interpretation of fundamental rights and protections sacred to all people in most democratic societies today!

Particularly however, I am using, as a guide to my discussion, the Bill of Rights enshrined in the Cayman Islands Constitution, 2009 - one of the most modern works (or products) of its kind in both the British Commonwealth as well as the European Union.

(I say this to emphasise that constitutional lawyers, senior government administrators, parliamentarians and indeed the people themselves (who approved this Constitution - and the Bill of Rights as a crucial part of it - in a rare referendum), have seldom come together, in this Century for the purpose of establishing, for the first time, in any jurisdiction, such fundamentally important and supreme legislative provisions.)

The significance of the Bill of Rights of the Cayman Islands is not only that it reflects the thinking about what are in fact to be regarded as basic human rights in one place, but indeed, the Cayman Islands Bill of Rights represents crucial thinking and commitment to human rights as they are generally regarded in the English-speaking Caribbean; the 50+ nations of the British Commonwealth and the 29 nations of the European Union. 

With these important considerations in mind therefore, I turn to what I believe is a fundamental misunderstanding of the entitlements and guarantees contained in this Bill of Rights. 

The significance of this?:  If the general populace are told that these rights are merely "vertical" (i.e. as between Governments and the Citizens/inhabitants of a country) then  much of those inherent, fundamental rights are lost. 

LOST? WHY?.....because if people believe that they have no right to seek protection nor enforce basic considerations "horizontally" (i.e. as between citizens - one 'against' the other), via the Bill of Rights, then the opportunity to put these questions to the test before the Courts never arises....thus such probable right is sadly lost forever.

Accordingly, I leave you with this, my point which gives rise to the accuracy of the widely promulgated concept of "vertical application only" theories:

A. The Cayman Islands Bill of Rights section 1(1) states "....based upon the principles of mutual benefit and international law....this Bill of Rights, Freedoms and Responsibilities is a cornerstone of democracy in the Cayman Islands.....it does not (c) affect....rights against anyone other than the government except as expressly stated [herein];

.....watch this space for more on this significant matter....it cannot be that we have sought to protect ourselves against Government authority BUT neglectfully left the protection of ourselves against each other and the guardianship of our rights and freedoms to that very same authority we felt important to be protected from....human dignity cannot have been so wantonly evaded, excluded not forgotten......watch this space for more on this significant matter.....