Publications

NIHRC Response to the Executive Office Committee Consultation on Gaps in Equality Legislation

Date produced: September 2024

Below is a summary of the Northern Ireland Human Rights Commission's (NIHRC) recommendations and messages.

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

The NI Human Rights Commission advises and recommends:

2.5 The NIHRC recommends that the Committee consider the consolidation of equality and non-discrimination protections into a single legislative instrument.

2.8 The NIHRC recommends that intersectional multiple discrimination should be prohibited expressly in a consolidated legislative instrument.

2.11 The NIHRC recommends that the existing equality protections be extended to provide age discrimination protection in the provision of goods, facilities and services to all children under 18 years old.

2.13 The NIHRC recommends that the equality framework is amended to better protect those who experience discrimination in relation to their sexual orientation and/or gender identity.

2.16 The NIHRC recommends that institutional mechanisms are required to ensure the enforcement of equality law, in particular those relating to gender equality.

2.19 The NIHRC recommends that equality laws should be amended to ensure they address inequalities experienced by disabled people in NI.

2.23 The NIHRC recommends that the Committee consider the role of strategies, including the racial equality strategy, in supporting the implementation of reforms to equality laws and monitor their effectiveness in so doing.

3.15 The NIHRC recommends that the NI Executive ensure that provisions of the EU Pay Transparency Directive that amend and/or replace provisions of the EU Gender Equality (Employment) Directive are reflected in domestic law.

3.22 The NIHRC recommends that the Executive Office amend NI law to keep pace with those provisions of the EU Directives on standards for equality bodies adopted which amend or replace the Annex 1 equality directives, pursuant to Articles 2 and 13 of the Windsor Framework. The implementation of these changes in NI law should align with the transposition deadline for Member States in the directives.

3.26 The NIHRC recommends that the Executive Office amend the definition of discrimination in relevant NI equality law to include “intersectional discrimination” aligned to the relevant provisions of the EU Pay Transparency Directive and the transposition deadline of the Directive, in accordance with the keeping pace obligation relating to Windsor Framework Article 2.

3.31 The NIHRC recommends that the Executive Office analyse the EU Directive on Combating Violence Against Women and consider if, and to what extent, it updates provisions the EU Gender Equality (Employment) Directive.

3.32 The NIHRC recommends that, in addition to any changes required by the keeping pace obligation under the Windsor Framework, the Executive Office consider aligning on a voluntary basis with any enhancement to equality and human rights pursuant to the EU Directive on Combating Violence against Women and Domestic Violence.

3.40 The NIHRC recommends that NI law be amended to keep pace with the provisions of the EU Directives on standards for equality bodies which amend or replace the EU Employment Equality (Framework) Directive.

3.41 The NIHRC recommends that the Executive Office ensure that the EU Framework Equality Directive and domestic law, which gives effect to this Directive, is interpreted in line with the decision of the CJEU in the Szpital Kliniczny case relating to disability discrimination.

3.48 The NIHRC recommends that the Executive Office provide an annual report that monitors any proposed changes by the EU to the six Annex 1 equality directives, including relevant case law of the CJEU, which would facilitate compliance with these changes.

3.49 The NIHRC recommends that the Executive Office strengthen racial equality legislation in NI and ensure that developments on race law reform in NI are in compliance with Windsor Framework Article 2, including the keeping pace obligations relating to the EU Racial Equality Directive.

3.50 The NIHRC recommends that the Executive Office keep pace with those provisions of the newly adopted EU Directives on standards for equality bodies which amend or replace the EU Racial Equality Directive.

4.3 The NIHRC recommends the integration of international human rights duties in the design and delivery of policy measures.

4.7 The NIHRC recommends that NI equality and human rights policy and legislation keep pace with changes to EU law which strengthen protections and align with international human rights standards. This includes aligning on a voluntary basis with rights introduced as a result of EU laws that do not amend or replace the Annex 1 directives.

4.8 The NIHRC recommends that the Committee considers the enhancement and harmonisation of equality and human rights protections on the island of Ireland and to working towards ensuring North-South equivalence of rights on the island of Ireland.

4.12 The NIHRC recommends that regular reviews of new EU laws relating to equality and human rights should be undertaken to identify new measures to be considered for addition to the Annex 1 equality directives with particular consideration given to alignment of standards across the two jurisdictions on the island of Ireland.

4.15 The NIHRC recommends the voluntary alignment of NI law with the EU Gender Balance Directive where this strengthens protections and aligns with international human rights standards.

4.20 The NIHRC recommends voluntary alignment of NI law with those provisions of the EU Work-Life Balance Directive that enhance equality and human rights protections and align with international human rights standards.

4.23 The NIHRC recommends that NI law aligns, on a voluntary basis, with the EU Accessibility Act where this enhances protections for people with disabilities and older people and aligns with international human rights standards.