The challenge
In February 2020, the NIHRC assisted the applicant to bring a judicial review against the NI Secretary of State regarding Schedule 5 to the Electoral Law Act (Northern Ireland) 1962 and Schedule 1 to the European Parliamentary Elections (Northern Ireland) Regulations 2004. It was argued that the requirement for candidates standing for local council in Northern Ireland, or taking part in European Parliament elections, to publish their home address put the applicant’s safety at risk and breached her rights under the European Convention on Human Rights and Charter of Fundamental Rights of the European Union.
Human rights engaged
Articles 8, 9, 14 and Protocol 1, Article 3 European Convention on Human Rights (ECHR).
Articles 39, 40 Charter of Fundamental Rights of the European Union (CFR)
Outcome
Following the initiation of legal proceedings, the NI Secretary of State indicated that legislation would be introduced in order to amend the Electoral Law Act (NI) 1962. A substantive hearing before the High Court was not required.
Current status
Following the introduction of the Local Elections (NI) (Amendment) Order 2020, candidates can now indicate if they do not wish their home address to be disclosed.