NIHRC publishes report on the enforcement and remedies available under Article 2 of the Windsor Framework

The Northern Ireland Human Rights Commission (NIHRC) has released independent research titled 'Windsor Framework Article 2: Enforcement and Remedies', authored by Anurag Deb (Queen’s University Belfast), Dr Sylvia de Mars (Newcastle University), Dr Eleni Frantziou (Durham University), Professor Colin Murray (Newcastle University), and Professor Aoife O’Donoghue (Queen’s University Belfast).

The report examines how EU law rights were enforced before Brexit both by EU institutions and in UK law. It provides analysis of how the oversight mechanisms under the Withdrawal Agreement operate, and how they interact with the non-diminution commitment in Windsor Framework Article 2 (WF Article 2). The report also explores the key remedies that are available if rights under Article 2 have been breached.

Speaking about the research, Alyson Kilpatrick, Chief Commissioner of the Northern Ireland Human Rights Commission said:

“For a right to be meaningful, a person must be able to rely on it in a court which is empowered to provide a remedy. This research is important to help clarify which remedies are available should a right protected by WF Article 2 be breached. It builds on our previous work to expand our understanding of WF Article 2 and its practical implications, and to ensure that the Commission fulfils its mandate to vindicate the rights of everyone in NI.”

This is the latest publication in a research series exploring obligations under WF Article 2 which requires the UK Government to ensure that no diminution of the rights, safeguards and equality protections contained in the relevant part of the Belfast (Good Friday) Agreement 1998 occurs as a result of the UK’s withdrawal from the European Union. The NIHRC and Equality Commission for Northern Ireland play a crucial role in monitoring and enforcing Article 2, ensuring that rights are upheld and breaches are addressed.

Read the full report here.

For more information see here: www.nihrc.org/brexit