Petition update"Legalize Same Sex Marriage" and implement complete and full Human Rights for all Bermuda citizens & visitors.OUTRAGEOUS
Tony BrannonHamilton, Bermuda
Feb 26, 2016 — http://bernews.com/2016/02/hrc-gravely-concerned-about-amendment/ I cannot believe the OBA Bermuda government would attempt do this. This is outrageous. PR from Human Rights Bermuda. Good afternoon Honourable Members of Parliament, The Human Rights Commission fervently opposes any amendment to the Human Rights Act 1981 [the "HRA"] which would serve to, in effect, legislate discrimination. The HRA should not be amended at will to protect the view of the majority, to do so diminishes its power to ensure that all are treated equally under the law. This is the very antithesis of human rights and equality and our hope is that the Government and the Opposition will strongly discourage any support by its Ministers and Members of any amendment proposed to override the primacy of the Human Rights Act 1981. To pass an amendment of the HRA, which would insert language into the HRA which would solidify discrimination based on sexual orientation, in this case concerning the definition of marriage, would have the same consequence as the passage of the Matrimonial Causes Amendment Act 2016. Both proposed amendments will subjugate equality, and without providing recourse for same sex couples under the law [as outlined in the judgment of Oliari and Others v. Italy] the government will be in contravention of its positive obligation to provide a route for legal recognition of same-sex couples. Chief Justice Kawaley stated in the Bermuda Bred case, quoting Baroness Hale from Ghaidan v Godin Mendoza [2004] 2 AC 557: “it is a purpose of all human rights instruments to secure the protection of the essential rights of members of minority groups, even when they are unpopular with the majority. Democracy values everyone equally even if the majority does not.” When considering the above quote and the recent proposals to amend the Human Rights Act- and the Matrimonial Causes Act, without providing any legal route to recognition of same sex couples, we are confronted with a Government and an Opposition whose actions are not reflective of a democracy that values everyone’s rights equally. Should either of the proposed amendments pass, our human rights instrument will be rigged so that a vulnerable minority is left without protection. When did we become a society that strips protection from segments of the population who most require it? Where will it end? Finally, we submit that Acts which will place Government in contravention of its obligations not only under the ECHR but to those in our community who deserve and require protection should not be left to votes of conscience. Sincerely, Tawana Tannock Chairperson The Bermuda Human Rights Commission
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