Publications

NIHRC Briefing Note on Article 2 of the Windsor Framework and the rights of refugees and asylum-seekers

This briefing document highlights key points in Alison Harvey’s research paper: Article 2 of the Windsor Framework and the rights of refugees and persons seeking asylum and provides the NIHRC positions.

Date produced: November 2023.

Below is a summary of the Commission's recommendations and messages.

You can also download the full document through the links provided.

3.7 The NIHRC advises that refugees and asylum seekers are protected by Article 2 of the Windsor Framework.

3.13 NIHRC advises that rights particular to refugees and asylum-seekers are within the scope of the Rights, Safeguards and Equality of Opportunity chapter of the Belfast (Good Friday) Agreement by virtue, in particular, of the general commitment to civil rights and to the incorporation of the ECHR into domestic law.

3.22 The Commission advises that, as a consequence of Windsor Framework Article 2, the Procedures Directive (2005/85/EC), the Qualification Directive (2004/83/EC), the Reception Directive (2003/9/EC) and the Dublin III Regulation (2013/604/EU), remain relevant for determining minimum standards of rights required for asylum-seekers and refugees in NI. EU Directives on Victims (2012/29/EU) and Combating Human Trafficking (2011/36/EU) are also relevant.

Based on this analysis, the Commission is concerned about the compliance of the Illegal Migration Act 2023 with Windsor Framework Article 2, as explained in section 4 of the briefing note.

To read Alison Harvey’s research paper: Article 2 of the Windsor Framework and the rights of refugees and persons seeking asylum please click on the graphic below.