HRC On Human Rights Amendment Act 2026
The Bermuda Human Rights Commission said they “welcome the passage of the Human Rights Amendment Act 2026 through both the House of Assembly and the Senate.”
A spokesperson said, “The Act strengthens protections against discrimination and addresses gaps identified through the Commission’s ongoing review of the Human Rights Act 1981.
“One of the Commission’s statutory responsibilities is to make recommendations to the Government of Bermuda where gaps in human rights protections have been identified. The amendments are the result of consultation with stakeholders and members of the public and are intended to ensure that Bermuda’s human rights legislation remains responsive to the experiences of the community.
Key Amendments
Protection for Recipients of Government Funding
“The Act prohibits discrimination against individuals because they receive certain forms of government assistance, including government funding programmes.
“The Commission has received concerns regarding situations where individuals were denied housing, goods, facilities, or services because they received government assistance. For example, the Commission has received reports of individuals being refused rental accommodation solely because they received Financial Assistance, rather than because of their rental history, references, or ability to meet tenancy obligations.
“The amendment helps ensure that decisions are based on relevant circumstances rather than assumptions about a person’s source of income.
Repeal of the Landlord Exception
“The Act repeals section 4[4][a] of the Human Rights Act.
“This provision previously allowed an owner or family member living in one unit of a two- or three-unit residential property to discriminate when renting the remaining unit or units. As a result, a person who was refused accommodation because of a protected characteristic, such as their race, disability, sex, religion, family status, or place of origin, could have limited recourse under the Human Rights Act where the exception applied.
“The Commission has consistently received concerns from individuals who experienced barriers in accessing housing but were unable to seek a remedy because of this exception. The repeal allows complaints of discrimination in these circumstances to be assessed under the Human Rights Act in the same way as other housing-related complaints.
“The Commission notes that human rights protections do not prevent landlords, employers, service providers, or organizations from making legitimate decisions based on lawful and non-discriminatory factors. Whether discrimination has occurred must always be assessed based on the facts of each case.
Protection Against Discrimination by Association
“The Act prohibits discrimination against a person because of their association with someone who possesses a protected characteristic.
“This protection recognizes that discrimination can occur not only because of a person’s own characteristics but also because of their relationship with, support for, or association with others. Individuals may be affected because they are family members, caregivers, advocates, friends, or colleagues of someone who belongs to a protected group.
“For example, a person may be denied service because of the race of the individual accompanying them, or treated unfairly because they advocate for or support a person with a disability. The Commission has received reports of discriminatory treatment arising from associations relating to race, religion, place of origin, political opinions, and other protected grounds.
Why These Changes Matter
“The Commission believes these amendments strengthen the effectiveness of Bermuda’s human rights framework by addressing identified gaps in protection. Through its education, advocacy, and enforcement work, the Commission has become aware of situations where individuals experienced discriminatory treatment but had limited access to protection or a remedy under the existing Act.
“The amendments help ensure that individuals are assessed on their circumstances and conduct rather than assumptions, stereotypes, or characteristics protected under the Human Rights Act. They also expand protections in key areas, including housing, discrimination by association, and discrimination relating to the receipt of government funding.”
Lisa Reed, Executive Officer of the Bermuda Human Rights Commission, said: “The amendments reflect issues that have been raised through the Commission’s engagement with the public over a number of years. They address situations where individuals may experience discrimination but have limited protection under the law. At their core, these amendments are about ensuring that people are assessed on their circumstances and conduct rather than assumptions, stereotypes, or characteristics protected under the Human Rights Act.”
“As these amendments come into effect, the Commission will support public understanding of the changes through guidance, education, and stakeholder engagement.”
Responding to Questions and Concerns
A spokesperson added, “The Commission recognizes that legislative reform can raise important questions about implementation and the balancing of competing rights and interests. Constructive public discussion plays an important role in ensuring that human rights protections are understood and applied effectively.
“To support implementation of the amendments, the Commission will develop educational resources and guidance for individuals, landlords, employers, service providers, and community organizations.
Next Steps
“The Human Rights Amendment Act 2026 has now been approved by both the House of Assembly and the Senate. The Commission looks forward to supporting awareness and understanding of the amendments as they are brought into effect.
Continuing Human Rights Reform
“The Human Rights Amendment Act 2026 represents the first phase of a broader review of Bermuda’s human rights framework. The Commission remains committed to working collaboratively with the Government, stakeholders, and the public to ensure that Bermuda’s human rights legislation remains effective, accessible, and responsive to the needs of the community.”
