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Read the Northern Ireland Human Rights Commission report: Human Trafficking and Article 2 of the Ireland/Northern Ireland Protocol (Protocol Article 2) by Alison Harvey BL, No.5 Chambers

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Human Trafficking and Article 2 of the Ireland/Northern Ireland Protocol

Last Updated: Thursday, 26 May 2022

The NIHRC has commissioned research on Human Trafficking and Protocol Article 2. The research was commissioned in light of the Nationality and Borders Bill, now Act, which introduces a number of provisions in relation to human trafficking which concerned the NIHRC. The research highlights issues in a number of areas. The Nationality and Borders Act disapplies domestic law deriving from the EU Trafficking Directive where it is incompatible with a provision of the Act. This potentially breaches Protocol Article 2.

This research is part of a wider body of research being published by NIHRC and Equality Commission for Northern Ireland as we work to identify what Protocol Article 2 means in practice and to use our mandate to protect rights effectively. It has highlighted how the EU Trafficking Directive can be read into Protocol Article 2 using a number of different arguments, including victims’ rights provisions within the Good Friday Agreement, reading rights contained in the European Convention on Human Rights into Article 2 and under equality of opportunity provisions.