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Is that right? Fact and Fiction on a Bill of Rights

Last Updated: Friday, 23 April 2021

Under the terms of the Belfast (Good Friday) Agreement 1998, the Northern Ireland Human Rights Commission (the Commission) was asked to consult and advise on a Bill of Rights for Northern Ireland. The Commission delivered advice to the Secretary of State for Northern Ireland on 10 December 2008. The Northern Ireland Office subsequently undertook a public consultation. In that context and more broadly, the form of a possible Bill of Rights has been debated vigorously, although very little progress has been made towards the adoption of the instrument.

The ongoing delay in adopting a Bill of Rights for Northern Ireland is a matter of regret for the Commission, which continues to consider that the advice it delivered constitutes a strong basis on which to proceed. Furthermore, the Commission does not accept that the process has to be stalled pending the outcome of the current consultation regarding a possible United Kingdom (UK) Bill of Rights.

The Commission will continue to support efforts for the adoption of a Bill of Rights for Northern Ireland. The present publication is intended to assist in this regard. It responds to a number of the concerns that have been expressed in the political, civil society and media spheres. It also identifies and corrects a number of technical misunderstandings. It is hoped that the report will thus contribute to a constructive advancement of the process.

In conclusion, the Commission recalls that the onus is now on the Government to take the necessary steps to ensure that a Bill of Rights for Northern Ireland will be adopted. To avoid that responsibility is to renege on one of the most important provisions of the Belfast (Good Friday) Agreement.​

Professor Michael O’Flaherty
Chief Commissioner

Cited References

P. Alston (ed) Promoting Human Rights Through Bills of Rights: Comparative Perspectives (Oxford University Press, 1999) at 3.

Ibid at 3, citing Van Maarseven and Van der Tang, Written Constitutions: A Computerized Comparative Study (1978), 191-5.

C. Bell Human Rights and Peace Agreements (Oxford University Press, 2000)


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