Publications

Submission to the UN Human Rights Committee on the United Kingdom’s Eighth Periodic Report on Compliance with the International Covenant on Civil and Political Rights.

Date produced: February 2024.

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

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

Article 1 – Self-determination

• The Committee may wish to recommend that the UK takes effective steps to ensure the fundamental principles of human rights are adhered to and any reform to the UK’s human rights framework does not weaken human rights protections but builds on the Human Rights Act 1998.
• The Committee may wish to recommend that the UK takes effective steps to fulfil its commitment to legislate for a Bill of Rights for NI, as set out in the Belfast (Good Friday) Agreement 1998.
• The Committee may wish to recommend that the UK takes effective steps to develop and roll out a comprehensive guidance and training programme on Winsor Framework Article 2.
• The Committee may wish to recommend that the UK takes effective steps to amend nationality and immigration laws to reflect the commitment under the Belfast (Good Friday) Agreement 1998 that it is the birthright of all the people of NI to identify as Irish or British or both, without any loss of rights or entitlements.

Article 2 – Non-discrimination

• The Committee may wish to recommend that the UK takes effective steps to prioritise and enable political consensus towards the introduction of a Single Equality Act for NI.
• The Committee may wish to recommend that the UK takes effective steps to ensure that intersectional multiple discrimination claims in NI are effectively addressed, including providing for intersectionality within equality legislation as required.
• The Committee may wish to recommend that the UK takes effective steps to ensure that a robust sexual orientation strategy and action plan for NI is promptly published, implemented, monitored and adequately resourced.
• The Committee may wish to recommend that the UK takes effective steps to introduce legislation in NI that defines and bans all practices of conversion therapy.
• The Committee may wish to recommend that the UK takes effective steps to promptly enhance NI hate crime legislation, ensuring alignment with race and community relations strategies for effective investigation, prosecution, and support for victims.
• The Committee may wish to recommend that the UK takes effective steps to ensure that implementation of the Racial Equality Strategy 2015-2025 for NI is given priority.
• The Committee may wish to recommend that the UK takes effective steps to introduce statutory definitions of ‘sectarianism’ and ‘good relations’ in NI.
• The Committee may wish to recommend that the UK takes effective steps to promptly ensure legal recognition of intersex individuals in NI, including expedited provision of birth certificates and official documents, respecting their right to self-determination.
• The Committee may wish to recommend that the UK takes effective steps to ensure the prompt introduction and implementation of a NI Refugee Integration Strategy that is effectively monitored and adequately resourced.

Article 3 – Gender Equality

• The Committee may wish to recommend that the UK takes effective steps to ensure that a robust up-to-date and gender-sensitive Gender Equality Strategy and action plan is introduced, implemented, monitored and adequately resourced in NI.
• The Committee may wish to recommend that the UK takes effective steps to:
• ensure women’s participation in public and private life is proportionate to NI’s population.
• consider the specific gendered effect of paramilitarism intimidation in NI when implementing programmes.

Article 6 – Right to Life

• The Committee may wish to recommend that the UK takes effective steps to repeal the NI Troubles (Legacy and Reconciliation) Act 2023 and introduce revised legislation that is human rights compliant, victim-centred, and does not restrict the investigation and prosecution of alleged Troubles-related killings.
• ensure the NI Troubles (Legacy and Reconciliation) Act 2023 does not close off any pursuit of justice outside of the proposed Independent Commission for Reconciliation and Information Recovery.
• support the work of the Legacy Inquests Unit to ensure its investigations are adequately resourced and compliant with the right to life.
• The Committee may wish to recommend that the UK takes effective steps to:
• expeditiously initiate a right to life compliant inquiry into the death of Patrick Finucane.
• ensure that the Omagh Bombing Inquiry is compliant with the right to life and freedom from torture. The Committee may wish to recommend that the UK takes effective steps to review and introduce necessary legislative amendments in NI to guarantee the independence of inquiries established under the Inquiries Act 2005.

Article 7 - Torture

• may wish to recommend that the UK takes effective steps to repeal the NI Troubles (Legacy and Reconciliation) Act 2023 and introduce revised legislation that is human rights compliant, victim-centred, and does not restrict the investigation and prosecution of alleged Troubles-related torture, inhuman and degrading treatment in NI.
• The Committee may wish to recommend that the UK takes effective steps to ensure that the Victims Payment Scheme in NI offers fair, adequate, and prompt compensation to all who are eligible.
• The Committee may wish to recommend that the UK takes effective steps to ensure that:
• the response to paramilitarism in NI considers and effectively addresses resulting trauma to victims, including reasonably accommodating specific needs.
• The Committee may wish to recommend that the UK takes effective steps to:
• fully commence the Mental Capacity (NI) Act 2016 without further delay.
• promptly introduce adult safeguarding legislation in NI that makes it an offence for a care worker to ill-treat or wilfully neglect the individual they are caring for.
• ensure that findings from investigations into Dunmurry Manor, Muckamore Abbey Hospital and the COVID-19 pandemic are fully addressed and remedied, and that mechanisms are established to ensure breaches do not recur in the future.
• The Committee may wish to recommend that the UK takes effective steps to:
• investigate and prosecute perpetrators of female genital mutilation in NI.
• improve the way in which data in NI is gathered and monitored.
• ensure specialised, adequately funded and accessible support for victims or potential victims of female genital mutilation in NI.
• The Committee may wish to recommend that the UK takes effective steps to legally prohibit non-urgent and non-essential medical or surgical treatment of intersex children before they are of sufficient maturity to make their own decisions. This includes establishing effective investigation and monitoring mechanisms and ensuring that victims are provided with redress and access to appropriate support services.
• The Committee may wish to recommend that the UK takes effective steps to ensure:
• the prompt introduction of Domestic Abuse Protection Orders and Notices in NI.
• that the Domestic and Sexual Violence and Abuse Strategy in NI includes effective provisions for gender-sensitive training of all professionals across the course of the reporting, judicial and support journey of a victim of domestic and sexual abuse. This includes consideration of groups with specific needs.
• specialised, accessible, gender-sensitive support and services for victims and survivors of domestic and sexual violence and abuse is available across NI, with guaranteed sustainable funding. This includes ensuring that such support is available regardless of immigration status.
• extensive disaggregated data is collected, published and effectively monitored to ensure the needs of victims and survivors of domestic and sexual violence and abuse are reflected in all services and strategies.
• The Committee may wish to recommend that the UK takes effective steps to ensure:
• sufficient, long-term, ring-fenced funding is available and fully utilised to maintain consistent abortion services in line with the Abortion (NI) Regulations in every Health and Social Care Trust area in NI. Also, that the necessary funding for abortion services is an addition to the Department of Health’s broader budget, to ensure existing healthcare services can be delivered in full.
• comprehensive disaggregated data is gathered, reported and monitored regarding abortion services in NI.
• telemedicine is introduced as an option for early medical abortions in NI under certain circumstances, as in other parts of the UK, and that a clear pathway to care and after care is in place for telemedicine abortions, including for individuals using unregistered sources.
• there is regional, abortion-specific, non-stereotyping guidance in NI and that all associated healthcare staff undertake related training that is informed by service users and periodically refreshed, particularly regarding conscientious objection.
• The Committee may wish to recommend that the UK takes effective steps to ensure victims of historical abuse in NI, outside the remit of the Historical Institutional Abuse Inquiry, have an effective remedy, including expedited access to thorough and effective independent investigations that offer effective redress (including compensation) and are subject to public scrutiny and meaningful victim participation.
• The Committee may wish to recommend that the UK takes effective steps to ensure:
• Larne House staff can effectively identify, report and support victims of torture.
• the independence of health care professionals dealing with detained asylum seekers in Larne House.
• legislation is amended to allow the NIHRC to enter Larne House without having to provide advance notice.

Article 8– Freedom from Slavery

• The Committee may wish to recommend that the UK takes effective steps to:

• introduce legislation in NI to ensure the burden of proof in cases concerning child victims of sexual offences is victim centred and does not prevent effective prosecution.

• provide specialised training on child sexual exploitation for relevant professionals in the NI criminal justice system and that measures reflective of the Barnahus model are adopted.
• The Committee may wish to recommend that the UK takes effective steps to review the effectiveness of the new Interface Protocol for when a child is reported missing and other police interactions to ensure any findings are effectively addressed.
• The Committee may wish to recommend that the UK takes effective steps to:
• ensure the root causes of human trafficking in NI are effectively addressed, and that specialised, accessible support in NI is sufficiently and promptly available for victims and adequately funded.
• promptly introduce legislation providing for Slavery and Trafficking Risk Orders in NI.
• amend the Illegal Migration Act 2023 to ensure human rights compliant support and assistance to potential victims of human trafficking and no diminution of rights under domestic law in NI, in breach of Windsor Framework Article 2.

Articles 9, 10 and 11– Liberty and Security of the Person

• The Committee may wish to recommend that the UK takes effective steps to revise its broad definition of terrorism, including in NI, including providing a definition of ‘hostile activity’ and ensuring consideration of online activity or content.
• The Committee may wish to recommend that the UK takes effective steps to:
• ensure the principles of necessity and proportionality are embedded within section 41 of the Terrorism Act 2000.
• enable bail to be available for persons arrested under the Terrorism Act 2000 and ensures bail is granted for such persons when appropriate, following consideration of public safety, including in NI.
• The Committee may wish to recommend that the UK takes effective steps to end imprisonment for fine default in NI and that alternative strategies are promptly developed, implemented, and monitored, including community interventions and support services for actual or potential fine defaulters.
• The Committee may wish to recommend that the UK takes effective steps to promptly introduce legislation to remove the legal basis for the imprisonment of children alongside adults in NI.
• The Committee may wish to recommend the UK takes effective steps to ensure:
• remand of children in NI is a last resort and that suitable accommodation is provided within a reasonable time, if released on bail.
• that a range of non-custodial accommodation arrangements is available in NI for children awaiting trial who cannot return to their homes.
• The Committee may wish to recommend that the UK takes effective steps to:
• promptly implement the Criminal Justice Inspection NI’s recommendations in relation to the Care and Supervision Units in NI.
  
• effectively monitor and develop measures in NI prisons aimed at reducing prisoner violence.
• ensure all prisoners in NI have access to effective mental healthcare and support.
  
• address issues with rehabilitation and release planning, drug use and poor hygiene within NI prisons.
• The Committee may wish to recommend that the UK takes effective steps to ensure:
• the prompt development of a separate custodial facility for NI women.
  
• that pregnant women are not detained for immigration purposes under the new Illegal Migration Act 2023.
  
• that individuals, particularly women, held at any point in Larne House have consistent access to required safeguarding or specialised support throughout the entirety of their immigration application process.
  

Article 12 – Freedom of Movement

• The Committee may wish to recommend that the UK takes effectives steps to ensure that:
• all journeys into NI that originate from Ireland should be exempt from Electronic Travel Authorisation requirements.
• the freedom of movement rights and other associated rights of the Common Travel Area maintains the same level of protection as existed on 31 December 2020.

Article 13 – Non-refoulement

• The Committee may wish to recommend that the UK takes effective steps to ensure:
• the support and accommodation provided to refugees and people seeking asylum in NI is urgently reviewed to ensure it is adequate, fit for purpose and culturally appropriate.
• the Illegal Migration Act 2023 is amended to ensure compliance with the UK’s international human rights obligations and Windsor Framework Article 2, and that there is no diminution of protection for refugees and people seeking asylum in NI.
• a realistic, long-term strategy aimed at expeditiously ending the use of the ‘contingency’ asylum accommodation model in NI, particularly for families with children and people with specific needs.
• The Committee may wish to recommend that the UK takes effective steps to:
• completely withdraw from all asylum agreements declaring Rwanda a safe third country of removal and ensure all people seeking asylum in the UK are processed in a way that is human rights compliant. This includes taking into account the difficult journey and trauma experienced by many prior to arriving in the UK.
• immediately and thoroughly reassess the Safety of Rwanda (Asylum and Immigration) Bill and amend as required to ensure no diminution of rights in NI, contrary to Windsor Framework Article 2.

Articles 14, 15, 16 and 26 – Fair Trial Rights

• The Committee may wish to recommend that the UK takes effective steps to ensure:
• justice barriers are eliminated, especially for litigants in person, persons with disabilities, and older individuals in NI.
• adopt technologies without hindering access for specific needs, including children, persons with disabilities, older persons, unrepresented litigants, and non-English speakers.
• immigration legal services in NI satisfy needs, preventing unfair penalties for asylum seekers without adequate legal advice.
• The Committee may wish to recommend that the UK takes effective steps to ensure the minimum age of criminal responsibility in NI is raised to at least 14 years of age.
• The Committee may wish to recommend that the UK takes effective steps to ensure the availability of funding to deliver transformational change and reduce avoidable delay in NI’s criminal justice system.
• The Committee may wish to recommend that the UK takes effective steps to ensure that:
• closed material procedures in cases of serious human rights violations do not create obstacles to accountability or the rights to a fair trial and effective remedy in NI.
• sufficient, long-term resources are available where closed material procedures are used in NI.
• The Committee may wish to recommend that the UK takes effective steps to ensure the test for a miscarriage of justice is human rights compliant in NI.
• The Committee may wish to recommend that the UK takes effective steps to ensure that the use of non-jury trials do not become normalised in NI. This includes clarity on the indicators used to determine the conditions whereby the use of non-jury trials will be discontinued.
• The Committee may recommend that the UK takes effective steps to ensure that:
• the highest standards of victims’ rights and rights of accused persons are central to cross-border criminal justice cooperation.
• in the absence of CJEU oversight in the extradition process, establish clear safeguards within the Trade and Cooperation Agreement oversight mechanisms to ensure human rights and legal protections for accused persons and crime victims in the UK and the EU.
• consideration is given to ensure there are no adverse effects on the cross-border placement of children resulting from the UK’s withdrawal from the EU.
• ensure Data Protection and Digital Information Bill is compliant with EU GDPR, the EU E-Privacy Directive and the EU Data Protection and Law Enforcement Directive falling within the scope of the non-diminution commitment in Windsor Framework Article 2.

Article 17 – Right to Family, Home and Correspondence

• The Committee may wish to recommend that the UK takes effective steps to ensure:
• the Bereavement Benefits (Remedial) Order is retrospective to February 2016 for the families who made claims based on the High Court of Justice in NI’s judgment.
• that bereavement benefits in NI are provided on equal terms to non-married couples without dependent children in NI.
• The Committee may wish to recommend that the UK takes effective steps to:
  
• commence the DNA retention sections of the Criminal Justice Act (NI) 2013 without further delay, ensuring that its implementation complies with Gaughran v UK (2020).
• The Committee may wish to recommend that the UK takes effective steps to ensure the:
• expedited development and implementation of a suitable methodology for recording disaggregated data on the community background of individuals stopped and searched under the Justice and Security (NI) Act 2007 in NI.
• provision of adequate safeguards, including appropriate mitigations, for any use of stop and search against children in NI.
• The Committee may wish to recommend that the UK takes effective steps to amend the Rehabilitation of Offenders (NI) Order 1978 to enable an offender to be rehabilitated if their circumstances satisfy human rights criteria. This includes ensuring an effective review mechanism is operational.
• The Committee may wish to recommend that the UK takes effective steps to promptly ensure the use of biometric surveillance technologies in policing and criminal justice in NI are appropriately regulated, non-discriminatory and proportionate, in accordance with human rights obligations. Any legislative or policy proposals should be subject to a human rights impact assessment and extensive public consultation process.

Article 18 – Right to Freedom of Thought, Conscience and Religion

• The Committee may wish to recommend that the UK takes effective steps to promptly abolish the common law offence of blasphemy and blasphemous libel in NI.

Article 19 – Right to Freedom of Expression

• The Committee may wish to recommend that the UK takes effective steps to ensure defamation law in NI eradicates the risk of libel tourism and adequately addresses Strategic Lawsuits Against Public Participation.
• The Committee may wish to recommend that the UK takes effective steps to ensure journalists in NI have effective, human rights compliant protection to report on issues of public importance.

Article 21 – Right to Peaceful Assembly

• The Committee may wish to recommend that the UK takes effective steps to:
• devolve responsibility for parades and protests to the NI Assembly, in line with the Stormont House Agreement.

• ensure a range of options underpinned by human rights aimed at resolving disputes relating to parades and protests in NI are addressed in legislation, as required by the Stormont House Agreement.

Article 23 – Right to Marry

• The Committee may wish to recommend that the UK takes effective steps to:
• increase the minimum age for marriage to 18 years for all children in NI.
• strengthen efforts to combat forced marriages in NI, including by sensitising parents on the need for full and free consent of their child to marry.

Article 24 – Children’s Rights

• The Committee may wish to recommend that the UK takes effective steps to repeal the defence of reasonable chastisement of a child in NI and to devise and implement a NI strategy to effectively promote positive and non-violent forms of discipline in NI.
• The Committee may wish to recommend that the UK takes effective steps to:
• promptly raise the minimum age of recruitment to the Armed Forces from 16 to 18 years to ensure the protection of children, including in NI.
• prohibit all forms of advertising and marketing for military service targeted at children in NI.
• The Committee may wish to recommend that the UK takes effective steps to ensure all children allegedly involved in an offence are granted anonymity at every stage of the legal process in NI.
• The Committee may wish to recommend that the UK takes effective steps to:
• minimise, with a view to eliminating, the use of spit and bite guards on children. This includes ensuring that the best interests of the child are a primary consideration in such scenarios. Also, while working towards the elimination for the use of spit and bite guards on children, policies in NI are amended to ensure the exceptional scenarios in which spit and bite guards can be used on children is clear, effective training is provided.
• to eliminate the use of strip searches on children. This includes ensuring availability of less intrusive methods for conducting searches that are effectively monitored, regularly reviewed and consider the child’s best interests.

Article 25 – Right to Vote and to be Elected

• The Committee may wish to recommend that the UK takes effective steps to:
• implement a Childcare Strategy and action plan in NI that recognises non-traditional working patterns and provides for affordable and accessible childcare facilities and/or arrangements.
• introduce a statutory duty to provide adequate and effectively resourced childcare provision in NI, in line with the rest of the UK.
• identify and remove barriers to participation in public and political life people with disabilities in NI. This includes ensuring the provision of adequate information and reasonable adjustments at all stages.