Publications

NIHRC Report on EU Charter of Fundamental Rights Post-Brexit

The Northern Ireland Human Rights Commission has released a report titled "The Interaction between the EU Charter of Fundamental Rights and General Principles with the Windsor Framework.” The research examines the continued relevance and application of the EU Charter of Fundamental Rights in Northern Ireland following the UK’s withdrawal from the EU.

The report is the latest in the Commission’s ongoing research series that explores human rights obligations under Article 2 of the Windsor Framework. Article 2 of the Windsor Framework provides legal protections that certain equality and human rights in Northern Ireland are not reduced after Brexit.

Key highlights of the report include:

• Continued Relevance of the EU Charter of Fundamental Rights: The report underscores the ongoing applicability of the Charter in NI through the Windsor Framework and the Withdrawal Agreement, ensuring that fundamental rights protections remain robust post-Brexit.

• Legal Mechanisms and Interpretations: Detailed insights are provided into how Articles 2 and 4 of the Withdrawal Agreement underpin the application of the Charter and general principles of EU law, maintaining high standards of human rights protection.

• Non-Diminution Guarantee: The analysis highlights the non-diminution clause in the Windsor Framework, ensuring no reduction in rights, safeguards, or equality of opportunity as set out in the Good Friday Agreement.

• Impact of Dynamic Alignment: The report discusses the dynamic alignment obligations, ensuring Northern Ireland’s legal standards remain in step with evolving EU laws and protections.

To view the full report please click here.