Latest news – Commission responds to government consultation on a Bill of Rights for Northern Ireland
On 10 December 2008, the Commission presented its Advice on a Bill of Rights for Northern Ireland to the Government. The Government published its paper 'A Bill of Rights for Northern Ireland: Next Steps' for consultation from 30 November 2009 and 31 March 2010. The Commission made a written response to that paper on 17 February 2010. Our response can be found here. Background to a Bill of Rights
A Bill of Rights is a list of basic rights that everyone in the state is entitled to enjoy. These rights normally only bind public institutions, although, in some countries, such as South Africa, private bodies are covered. Usually individuals can seek remedies in their local courts for alleged infringements of these rights and in some instances organisations can take cases if they feel a breach has occurred. In most cases a Bill of Rights is included in the country's constitution, for example, India, USA, Canada and the Republic of Ireland.
In many countries a Bill of Rights is the "supreme law" which ensures that local parliaments cannot pass laws that infringe people's rights under it. Some countries also "entrench" a Bill of Rights which means that the Bill is established firmly in the law of the land. This doesn't mean that a Bill of Rights can never be changed once enacted but that it is more difficult to change than ordinary law.
The process
A Bill of Rights for Northern Ireland was promised to the people of Northern Ireland by the Belfast (Good Friday) Agreement, 1998. Following this agreement, the Northern Ireland Act of 1998 established the Northern Ireland Human Rights Commission and gave it specific duties in relation to a Bill of Rights. The Commission is directed by section 69(7) to "advise" the Secretary of State for Northern Ireland on what should be in a Bill of Rights for Northern Ireland.
The Bill is to "reflect the particular circumstances of Northern Ireland drawing as appropriate on international instruments and experience".
The Commission is also to consider whether and how to formulate:
(1) a general obligation on government and public bodies fully to respect, on the basis of equality of treatment, the identity and ethos of both communities in Northern Ireland, and
(2) rights not to be discriminated against and to equality of opportunity in both the public and private sectors.
The rights it contains are to reflect the principles of mutual respect for the identity and ethos of both communities and parity of esteem.
In order to give the best advice the Commission engaged in a comprehensive consultation process. It has received over 600 submissions from individuals and agencies and organised a large number of public meetings, seminars and training events throughout Northern Ireland to ensure that as many views as possible were heard.
Areas where new rights may be required
The Commission was asked to advise on rights which reflect the particular circumstances of Northern Ireland and that are additional to the European Convention on Human Rights. In its advice presented to the Government on 10 December 2008, the Commission made a number of recommendations for inclusion in a Bill of Rights, including the:
- right to equality and prohibition of discrimination
- right to health
- education rights
- freedom from violence, exploitation and harassment
- right to identity and culture
- right to civil and administrative justice
- rights to liberty and fair trial
- language rights
- rights of victims
- democratic rights
- right to an adequate standard of living
- right to accommodation
- right to work
- environmental rights, and
- children's rights
The Commission provided its advice to government in compliance with international human rights standards. It has carefully considered how its recommendations reflect the principles of mutual respect for the identity and ethos of both communities and parity of esteem. It acknowledges that the rights and needs of others must be protected and believes that both these objectives can be best achieved through a Bill of Rights that reflects a common commitment to fairness, equality and justice for all. | 
