Northern Ireland faces a real and pressing public health emergency due to the COVID-19 pandemic. Both the UK and Irish governments have introduced emergency legislation in response to this crisis. Emergency legislation in times of crisis can be necessary and actively support positive action to protect human rights. The general principle is that emergency measures...
The Committee of Ministers is the decision-making body of Europe’s leading human rights organisation, the Council of Europe. At the start of March 2020, the 1369th meeting of the Ministers’ Deputies was held to look at the execution of judgements made by the European Court of Human Rights (ECHR) in a series of cases in...
After three years in the political wilderness, Northern Ireland once again has a functioning devolved government sitting at Stormont. A new cross-party deal, published in January 2020, paved the way for the restoration of the NI Assembly and Executive. The New Decade, New Approach (NDNA) agreement was announced by the Irish and British governments on...
On the 23 September 2019, the Council of Europe (CoE) Committee of Ministers, which oversees the implementation of the judgements of the European Court of Human Rights (ECthR), will meet in Strasbourg to consider whether there has been progress in implementing the requirements of a number of court judgements. It is expected that this will...
Two amendments to the Northern Ireland (Executive Formation) Bill 2019, inserted in the House of Commons, would require the NI Secretary of State to report on progress towards implementing measures designed to afford additional protections to security forces in legacy investigations. Namely (in summary), these amendments add requirements for the Secretary of State to: Report...
The Equality Commission for Northern Ireland (ECNI) has been reviewing and revising the procedures related to its enforcement (investigation) powers. These powers enable ECNI to investigate public bodies that fail to comply with their Section 75 duties. In March 2019, ECNI launched a public consultation on its (draft) ‘Revised Policy and Procedures for Complaints and...
Contained within the Ireland/Northern Ireland protocol of the draft Withdrawal Agreement is a commitment from the UK to ensure that, in the event of Brexit, there will be “no diminution” of key rights set out in the Good Friday Agreement. This commitment is to be implemented through ‘dedicated mechanisms’, including new oversight and enforcement powers...
The UK is currently undergoing the sixth periodic review of its compliance with the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which it ratified in 1988. All states signed up to the treaty have a duty to prevent and investigate torture, support victims of torture, and ensure perpetrators are...
The Committee of Ministers is the decision-making body of Europe’s leading human rights organisation, the Council of Europe. Between 12 to 14 March, the 1340th (Human Rights) meeting of the Ministers’ Deputies will take place. This session will look at the execution of judgements made by the European Court of Human Rights (ECHR) in a...
Since the EU referendum, the UK government has consistently emphasised that the ‘associated rights’ of the Common Travel Area (CTA) between the UK and Ireland will provide British and Irish citizens with reciprocal rights across the two jurisdictions after Brexit. However, independent legal analysis has highlighted that, in several areas, rights for Irish citizens in...
Periodically, the UK is reviewed for its compliance with the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which it ratified in 1986. Through ratifying the treaty, the UK committed itself to taking action to end discrimination against women. The eighth periodic review of the UK is currently in progress. On...
In Northern Ireland, abortion is regulated by outdated legislation, including Sections 58 and 59 of the Offences against the Person Act, 1861. Abortion is only lawful where necessary to preserve the life of the pregnant woman or where there is a risk of real and serious adverse effects on the woman’s physical or mental health,...
CAJ Director Brian Gormally appeared today before the Oireachtas Joint Committee on Justice and Equality to discuss the issues and potential risks raised by Brexit in terms of human rights and equality in Ireland. Attending the same meeting were representatives of the Northern Ireland Human Rights Commission (NIHRC) and the Irish Human Rights and Equality...
The Counter-Terrorism and Border Security Bill continues to progress through the UK Parliament. Our latest briefing note on the bill examines one particular area of concern: an additional border control power that could jeopardise the Common Travel Area (CTA) between the UK and Ireland. The Bill would extend the existing port and border control powers...
Mid Ulster Council has produced a comprehensive draft policy that seeks to address the environmental and social impacts of all bonfires held on council-owned property in the Mid Ulster area. The Council held a 13 week-long consultation on the policy across the summer, to which CAJ has responded. Our submission broadly welcomes the policy. We...
