Protect the rights, freedoms, and reputations of everyone in the Cayman Brac community

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INTRODUCTION: We, the loyal residents of Cayman Brac, along with other concerned citizens and residents of the Cayman Islands, hereby submit this request to the Cayman Islands Government, the Royal Cayman Islands Police Service, and Her Excellency the Governor, to ensure that there is adequate legislation and enforcement thereof, to protect the privacy, rights, reputations, and freedoms of everyone in our community, especially children, from obscene and offensive “public expressions” that intentionally threaten Public Morality and Public Order, and are in breach of the Penal Code.

We particularly request an end to the many years of abusive and offensive public outdoor "expressions" that have been allowed on Block & Parcel CBC 115A/59 along the Cayman Brac public road, in clear view of the public and children.

SUMMARY: The privacy, rights, reputations, and freedoms of others are being violated by the outdoor publications on the said property along the public road, of: 

  • Private citizens' names, job titles, and employers
  • Provokingly religious and obscene sexual "expressions" which intentionally incite conflict with the local community
  • Bullying and abusive "expressions" intended to provoke, offend, and intimidate local residents and targeted private citizens
  • Offensive, obscene, and provocative "expressions" promoting acts that are contrary to Public Morality in the Cayman Islands, and threatens Public Order by intentionally expressing and inciting religious prejudice and discrimination, while offending the religious rights and freedoms of others 

APPLICABLE HUMAN RIGHTS AND LAWS

  • Section 11 in the Bill of Rights in the Cayman Islands Constitution: “Freedom of Expression” includes speaking aloud, publishing articles, books or leaflets, making television or radio broadcasts, and producing works of art. This right is not absolute. Government may interfere, restrict, or take away this right in the interest of Public Morality, Public Order, Public Safety, Defense, and Public Health, as well as to protect the rights, reputations, and freedoms of other persons.
  • Section 10 in the Bill of Rights in the Cayman Islands Constitution: “Freedom of Religion” means that anyone is free to hold particular beliefs, and to practice their religion. This right is not absolute. Government may interfere, restrict, or take away this right in the interest of Public Morality, Public Order, Public Safety, Defense, and Public Health, as well as to protect the rights, reputations, and freedoms of other persons.
  • Section 17(2) in the Bill of Rights in the Cayman Islands Constitution: "Protection of Children" whereby a child’s best interests are of paramount importance in every matter concerning the child.
  • The Human Rights Commission of the Cayman Islands has stated that several rights in Cayman's Constitution may be breached in situations involving bullying: Section 3, Torture and Inhumane Treatment; Section 9, Private and Family Life; Section 16, Non-discrimination; Section 17, the Protection of Children; and section 20, Education.
  • Section 157 (1)(a) of the Penal Code (2017 Revision) regarding “Obscene Publication” states: “A person who for the purpose of public exhibition makes, produces or has in his possession any one or more obscene objects, or any other object tending to corrupt public morals, commits an offense, and is liable to a fine of two hundred dollars and to imprisonment for three months. Schedule 1 of the Criminal Procedure code (2017 Revision) makes this a class 'A' offense, and thereby arrest able."

 



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