Publications

Submission to the Independent Human Rights Act Review Team’s Call for Evidence

Read the Northern Ireland Human Rights Commission submission to the Independent Human Rights Act Review Team’s Call for Evidence.

Date produced March 2021.

Below is a summary of the recommendations.

You can also download the full document through the links provided.

The Northern Ireland Human Rights Commission (NIHRC) recommends:

• 2.7 that the IHRAR Team consider the Good Friday Agreement and the UK Government’s commitment to non-diminution when considering its deliberations.
• 2.8 The NIHRC recommends that the IHRAR Team engage with the Ad Hoc Committee on a Bill of Rights for NI when conducting its review to ensure that the NI context is carefully considered as part of the review.
• 3.12 The NIHRC advises that no amendment is necessary to the duty to “take into account” ECtHR jurisprudence under section 2 of the Human Rights Act 1998.
• 3.19 The NIHRC advises that the approach taken by domestic courts in considering issues falling within the margin of appreciation is functioning appropriately and should remain unchanged.
• 3.25 The NIHRC advises that the current approach to judicial dialogue between domestic courts and the ECtHR permits domestic courts to raise concerns as to the application of ECtHR jurisprudence having regard for the circumstances of the UK.
• 4.14 The NIHRC recommends that no amendments are required for Sections 3 and 4 of the HRA, nor should either section be repealed. 4.19 The NIHRC advises that the no changes are necessary with respect to section 14 of the HRA governing derogation orders.
• 4.21 The NIHRC advises that the current framework is sufficient for dealing with subordinate legislation and no changes are necessary.
• 4.27 The NIHRC advises that the HRA should apply to public authorities in overseas territories.