Minister Tackling: Human rights must be protected even when they are most difficult to defend

GREAT BAY--Human rights must apply to everyone, including prisoners, migrants, criminal suspects and society's most vulnerable, regardless of whether their circumstances or actions attract public sympathy. Minister of Justice Nathalie Tackling delivered that message at St. Maarten's Human Rights Conference, warning that fundamental rights cannot depend on whether society believes a person deserves them and that government authority must always remain subject to the rule of law.

Addressing representatives of the Council of Europe, Parliament, justice institutions, civil society, students and other participants at the October 9 conference, Tackling emphasized that human rights exist precisely to protect individuals against the misuse of State power, including in circumstances where defending those rights may be unpopular.

"And dignity belongs to a person because they are a person, whether or not we approve of them. If dignity depends on whether we think someone deserves it, it has become a privilege, and a privilege can be withdrawn," the Minister stated.

She continued: "That is why rights matter most when they are hardest to defend: for the accused, the imprisoned, the migrant, the difficult child, the person in crisis."

The Minister's keynote address examined the obligations of governments to protect individual rights, the importance of independent judicial oversight, the relationship between public safety and human dignity, and St. Maarten's responsibility to address shortcomings in its justice system.

Tackling explained that human rights protections emerged from the recognition that government power cannot be left entirely to regulate itself. Even democratically elected governments operating under lawful authority must observe limits on how that authority is exercised.

She emphasized that these protections are particularly important when individuals find themselves in situations where they have limited power to challenge government decisions or defend their own interests.

The Minister also warned against international developments in which established human rights protections are increasingly questioned, particularly through arguments that courts interfere with the will of the majority, international oversight undermines national authority, or certain groups should receive fewer protections.

She observed that such arguments often emerge in discussions about public safety and initially affect people who are least able to defend themselves.

According to Tackling, the principle that human rights belong to everyone must remain intact, regardless of political circumstances or public opinion.

Human Rights and Public Safety Are Not Opposing Responsibilities

Tackling rejected the suggestion that governments must choose between protecting individual rights and maintaining public safety.

She explained that the State has a responsibility to protect residents from criminal activity and other threats, but that the exercise of law enforcement powers must remain lawful, proportionate and respectful of human dignity.

"I do not accept that rights and public safety sit on opposite sides of this discussion. The rule of law requires both. A State that cannot protect its people fails them. A State that pursues safety without limits on its own power creates a different danger," she stated.

The Minister pointed out that justice institutions possess considerable powers, including the authority to arrest, search, use force, control borders and deprive individuals of their liberty.

These powers, she emphasized, must be exercised within clear legal boundaries.

She also stressed that human rights are not limited to prisons, courtrooms or international treaties. They are reflected in how government institutions interact with individuals during ordinary circumstances.

As an example, Tackling referred to a woman experiencing violence in her home who turns to the authorities for protection. The effectiveness of her rights depends on whether she can seek assistance safely, whether her complaint is taken seriously and whether she and her children receive protection.

Similar responsibilities arise when police officers interact with suspects, immigration officers exercise border controls or correctional officers manage individuals in detention.

For Tackling, the practical application of human rights is ultimately determined by the conduct and standards of the institutions entrusted with enforcing the law.

St. Maarten Must Address Its Own Human Rights Shortcomings

The Minister also used the conference to reflect on St. Maarten's responsibilities as a country within the Kingdom of the Netherlands.

Speaking one day before the country marked its 16th constitutional anniversary, Tackling said the exercise of self-government must be accompanied by accountability for how public authority is used.

"On 10 October 2010 we gained authority over our own affairs, and with it the obligation that comes with any authority: to answer for how it is used. Sixteen years is long enough that we can no longer describe our shortcomings as the growing pains of a young country. They are now ours, and so is the work of fixing them," she stated.

Tackling acknowledged that St. Maarten's detention system has been the subject of longstanding criticism from domestic oversight institutions and international human rights bodies.

In 2018, the European Court of Human Rights found a violation of the European Convention on Human Rights in the Corallo case, which concerned detention conditions in St. Maarten.

Although the judgment was issued against the Kingdom of the Netherlands, the Minister emphasized that St. Maarten must take responsibility for correcting the conditions that led to the violation.

She also noted that Hurricane Irma had caused further damage to the prison system, compounding existing deficiencies.

The Minister recalled her appearance before the Council of Europe's Committee of Ministers in Strasbourg in 2025, where the implementation of the Corallo judgment was under examination.

She described international scrutiny as an important mechanism for ensuring that governments respond to established human rights violations.

"The State cannot be the sole judge of whether the State has acted justly. Courts must be free to find that we failed. Oversight bodies must be free to say so. And when a failure is established, the only acceptable response is to change," Tackling stated.

Prison Reform Must Go Beyond Construction

Addressing the ongoing Detention Sector Reform Program, Tackling emphasized that improving St. Maarten's prison system requires more than replacing deteriorating infrastructure.

While the construction of a new Point Blanche Prison is necessary to provide appropriate conditions for healthcare, education, family contact, work and safety, she said physical improvements alone cannot guarantee respect for human rights.

"This is how I understand the Detention Sector Reform Program. It is not mainly a construction project. It is the State answering a long-standing human-rights failure through its institutions," she explained.

The Minister said the reform program also involves strengthening the Correctional Service through improved leadership, professional training, operational standards, healthcare and security.

Drawing on her previous experience in death penalty defense work in Houston, Texas, Tackling argued that individuals convicted of crimes retain their inherent dignity even after losing their liberty.

She explained that understanding a person's background and circumstances does not excuse criminal conduct, but that punishment imposed by the courts should not be compounded by inhumane detention conditions.

"A court imposes the sentence, which is the loss of liberty. It is not the State's job to add to that punishment through the conditions in which it is served," she stated.

Tackling maintained that correctional institutions must protect the public and their employees while providing prisoners with opportunities for rehabilitation and eventual reintegration into society.

She emphasized that most individuals in detention will eventually return to the community, making humane treatment and rehabilitation matters of public interest as well as individual rights.

Minister Calls on Kingdom to Support Human Rights Obligations

The Minister also called for stronger cooperation between St. Maarten, the Kingdom of the Netherlands and the Council of Europe in strengthening the institutions responsible for protecting fundamental rights.

Referring to Article 43 of the Charter of the Kingdom, Tackling noted that each country is responsible for promoting fundamental rights, while safeguarding those rights is a Kingdom responsibility.

She argued that this arrangement must include practical support, particularly in the areas of professional expertise, financing and institutional development.

Her appeal came ahead of the Kingdom's planned Presidency of the Council of Europe's Committee of Ministers in 2027.

"Of the Kingdom: as you prepare to take up the Presidency of the Committee of Ministers, if safeguarding these rights is a Kingdom affair, then supporting the institutions that deliver them is a Kingdom responsibility too, in expertise, funding and partnership," she stated.

Tackling also encouraged the Council of Europe to maintain its involvement with St. Maarten beyond formal monitoring procedures through technical support and practical cooperation.

She emphasized that international legal protections are particularly important for smaller countries such as St. Maarten, which depend on the application of common legal standards rather than economic or military influence.

According to the Minister, respect for international law strengthens the protection of countries and individuals that may otherwise lack the power to defend their interests.

Accountability Must Produce Institutional Change

Tackling challenged government institutions to move beyond responding to international criticism through reports and formal compliance measures.

She maintained that the effectiveness of international oversight should ultimately be measured by whether it produces lasting improvements in public institutions and prevents similar violations from occurring again.

"If scrutiny produces only a reply to Strasbourg, we have complied. If it changes the institution, strengthens the profession and makes the same failure less likely, we have progressed," she stated.

The Minister encouraged participants at the conference to ask difficult questions and critically examine the government's performance in protecting human rights.

She argued that institutions should be willing to confront their shortcomings openly rather than wait for judicial findings to establish where failures have occurred.

Looking to the future, Tackling emphasized that changes in government, ministerial leadership and infrastructure must not weaken the standards established to protect individuals against misuse of State authority.

She maintained that the ultimate objective is to ensure that the rule of law remains effective regardless of who holds office or exercises government power.

As St. Maarten marked 16 years of country status, the Minister called for human dignity, accountability and respect for the rule of law to remain central to the exercise of State authority.

She concluded by emphasizing that accountability requires more than acknowledging shortcomings. It requires government institutions to correct them.

"And that when we fall short of it, our job is not to defend the failure but to correct it," Tackling stated.

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