New Report released on EU Charter of Fundamental Rights Post-Brexit

The Northern Ireland Human Rights Commission (NIHRC) has released a new report titled "The Interaction between the EU Charter of Fundamental Rights and General Principles with the Windsor Framework.” The research examines the continued relevance and application of the EU Charter of Fundamental Rights in Northern Ireland following the UK’s withdrawal from the EU.

The report was launched at an event at Ulster University which heard from the report’s researchers Tobias Lock (Maynooth University), Dr Eleni Frantziou (Durham University) and Anurag Deb (Queen’s University Belfast).

The report is the latest in the Commission’s ongoing research series that explores human rights obligations under Article 2 of the Windsor Framework. Article 2 of the Windsor Framework provides legal protections that certain equality and human rights in Northern Ireland are not reduced after Brexit.

Key highlights of the report include:

• Continued Relevance of the EU Charter of Fundamental Rights: The report underscores the ongoing applicability of the Charter in NI through the Windsor Framework and the Withdrawal Agreement, ensuring that fundamental rights protections remain robust post-Brexit.

• Legal Mechanisms and Interpretations: Detailed insights are provided into how Articles 2 and 4 of the Withdrawal Agreement underpin the application of the Charter and general principles of EU law, maintaining high standards of human rights protection.

• Non-Diminution Guarantee: The analysis highlights the non-diminution clause in the Windsor Framework, ensuring no reduction in rights, safeguards, or equality of opportunity as set out in the Good Friday Agreement.

• Impact of Dynamic Alignment: The report discusses the dynamic alignment obligations, ensuring Northern Ireland’s legal standards remain in step with evolving EU laws and protections.

NIHRC Chief Commissioner, Alyson Kilpatrick, commented:

“This report makes an important contribution to understanding how we can continue to uphold human rights protections in NI following Brexit. The research demonstrates that the EU Charter of Fundamental Rights remains a critical instrument for protecting human rights in NI. The Windsor Framework provides a unique mechanism to retain these protections following the UK’s withdrawal from the EU.”

The NIHRC encourages policymakers, legal practitioners, human rights advocates, stakeholders and the public to review the full report to understand the implications of these findings on Northern Ireland’s legal landscape.

To view the full report please click here.