New report highlights international route to defend Northern Ireland rights

New report highlights international route to defend Northern Ireland rights

Rights organisations could fall back on the UK-EU international dispute settlement procedure to defend human rights in Northern Ireland if the UK government wins in a major UK Supreme Court case, according to a new report.

The report, published by Social Change Initiative (SCI) in partnership with the Human Rights Centre at Queen’s University Belfast and the Donia Human Rights Centre at the University of Michigan, focuses on Article 2 of the post-Brexit Windsor Framework.

In October, the UK government will argue before the Supreme Court that the Northern Ireland courts do not have the power to disapply laws which diminish rights guaranteed by the Good Friday Agreement.

Social Change Initiative says the government’s position is “at odds with the plain text wording of Article 2 of the Windsor Framework, which they signed up to, and the government’s explanatory document on its meaning”.

However, the new report argues that the post-Brexit international dispute settlement procedure could be used to uphold the Good Friday Agreement’s human rights and equality commitments if the UK government’s arguments prevail in the Supreme Court.

Martin O’Brien, director at Social Change Initiative, said: “The Supreme Court decision will be very important, but even if the UK government’s arguments were to prevail in London, that would not necessarily be the end of the matter.

“There are international enforcement mechanisms available that could still hold the UK accountable for its commitments.”

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