How The Human Rights Act Fits In

Why do we need a Human Rights Act when we already have a Constitution? In a Letter to the Editor published on December 19, Mr Khalid Wasi commented on the recent ruling of the Chief Justice, in the "Bermuda Bred" case concerning the grant of work permits to same-sex and unmarried heterosexual couples.

In that letter, Mr Wasi questioned whether the Chief Justice had supplanted the primacy of the Bermuda Constitution Order, 1968 with that of the Human Rights Act, 1981.

At the outset, I state that I have always appreciated Mr Wasi's insights and I am grateful to him for highlighting this issue.

I also wish to answer Mr Wasi's query concerning the primacy of the Human Rights Act and its position in relation to the Constitution, in my capacity as a human rights lawyer.