in association with the Northern Ireland Human Rights Commission

WHAT IS A BILL OF RIGHTS?

A Bill of Rights is a list of basic rights that everyone in the state is entitled to enjoy. These rights normally only bind public institutions, although, in some countries, such as South Africa, private bodies are covered. Usually individuals can seek remedies in their local courts for alleged infringements of these rights and in some instances organisations can take cases if they feel a breach has occurred. In most cases a Bill of Rights is included in the country's constitution, for example, India, USA, and Canada.
 
In many countries a Bill of Rights is the "supreme law" which ensures that local parliaments cannot pass laws that infringe people's rights under it. Some countries also "entrench" a Bill of Rights which means that the Bill is established firmly in the law of the land. This doesn't mean that a Bill of Rights can never be changed once enacted but that it is more difficult to change than ordinary law.

For example, the Northern Ireland Human Rights Commission could advise the Secretary of State for Northern Ireland that a referendum should be required if changes are to be made to the Bill of Rights once it is enacted.

The Process

A Bill of Rights for Northern Ireland was promised to the people of Northern Ireland by the Belfast (Good Friday) Agreement, 1998. Following this agreement, the Northern Ireland Act of 1998 established the Northern Ireland Human Rights Commission and gave it specific duties in relation to a Bill of Rights. The Commission is directed by section 69(7) to "advise" the Secretary of State for Northern Ireland on what should be in a Bill of Rights for Northern Ireland.
 
The Bill is to "reflect the particular circumstances of Northern Ireland drawing as appropriate on international instruments and experience".
 
In order to give the best advice the Commission has been engaged in a comprehensive consultation process. It has received over 650 submissions from individuals and agencies and organised a large number of public meetings, seminars and training events throughout Northern Ireland to ensure that as many views as possible are heard.

Areas where new rights may be required 

The Commission has been asked to advise on rights which reflect the particular circumstances of Northern Ireland and that are additional to the European Convention on Human Rights. It has argued that special rights may have to be devised in the following areas: equality; education; language; cultural expression and identity; victims' rights; social and economic rights; criminal justice and implementation. It is also concerned about guarantees which may be required for certain groups of people, such as women, children and young people.

Timescales

The Commision is currently deliberating on the nature and content of its advice to government.  The establishment of the Bill of Rights Forum by the UK government was a very welcome development and the Commission looks forward to submiting its views (hopefully towards the end of 2008) on the contents of a proposed Bill  to government and Parliament.

© Northern Ireland Human Rights Commission 2008