Judiciary must pay due regard to human rights conventions – CJ

Acting Chief Justice, Roxane George, recently urged the judiciary to pay due regard to human rights conventions, particularly when it comes to legally interpreting cases that involve fundamental rights.

Justice George recently participated in an anti-corruption panel discussion organised by the Ministry of Parliamentary Affairs and Governance, where Minister Gail Teixeira was tasked with representing Guyana’s human rights record before the United Nations (UN). In fact, Guyana is due for its fourth cycle of the UN Universal Periodic Review next year.
In her presentation, the acting Chief Justice pointed out that the judicial system must pay due regard to human rights conventions and laws whenever handing down decisions. According to her, there are a number of UN bodies that lay out recommendations on human rights, including the rights of the child.
“We must have continued education of all of us, as state actors, to ensure that we always uphold the fundamental rights provisions and so I will have less court cases and you wouldn’t have to pay out any damages from the consolidated fund.”
“When interpreting the fundamental rights provisions, the courts must pay due regard to the human rights conventions and law, such as the Universal Declaration of Human Rights, which was mentioned this morning. And we can also consider recommendations of the United Nations bodies.”
The Chief Justice gave as an example the UN Committee on Human Rights, as well as the Rights of the Child Committee and the Committee on the Elimination of Discrimination Against Women.
“Of particular importance is Article 154(a) of the constitution, which calls on every one of us to protect, ensure, fulfil or implement human rights. This applies to the executive, all Government Ministries and agencies, the legislature, which is the parliament, the judiciary, which includes all judges, magistrates and court staff and every one of us, whether natural persons (human beings) or companies. If we do not uphold human rights, then Guyana as a state will be held accountable for all actions or inactions,” she added.
And emphasising the need for continuous education on human rights principles for state actors, Justice George also noted that persons who feel as though their rights have been breached always have the recourse of the courts.
“The fundamental rights provisions are meant to guide all public officers and servants, Government agencies that provide services. And if any of the fundamental rights is likely to or actually breached, persons can sue the state by filing a case in the court.”
“If they prove their case, the fundamental right that was breached will be so declared as having been breached. And the court can also award damages or a sum of money, which unfortunately has to be paid with taxes,” she pointed out.
Last month, the Ministry of Parliamentary Affairs and Governance had hosted a Civil Society Consultation on Tuesday as part of its preparations for Guyana’s 4th Cycle of the Universal Periodic Review (UPR).
The event served as a vital platform for engagement between the Government of Guyana and civil society organisations (CSOs), aimed at shaping Guyana’s national report, which is due in January 2025.
The UPR is a key mechanism of the UN Human Rights Council that enables the periodic review of the human rights records of all UN Member States. Guyana’s review in the 4th Cycle, scheduled for May 2025, presents an opportunity to report on the progress made in strengthening human rights protections since the last review, as well as to address ongoing challenges.