Significant ruling due this week on Windsor Framework rights protections

Significant ruling due this week on Windsor Framework rights protections

Northern Ireland’s Court of Appeal will this week hand down a judgment with significant implications for the future protection of human rights in the jurisdiction, according to a new report.

The UK government is appealing part of the High Court’s ruling in the Dillon case, in which the court held that the controversial Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 was incompatible with the European Convention on Human Rights and Article 2 of the the Windsor Framework.

While the new government announced on taking office in July that it would no longer appeal the part of the ruling concerning the ECHR, it is appealing the court’s interpretation of Article 2 of the Windsor Framework.

A new report published by Social Change Initiative (SCI), in partnership with the Human Rights Centre at Queen’s University Belfast and the Donia Human Rights Centre at the University of Michigan, says this will have significant implications.

While the government has already committed to repealing and replacing the legacy law, the court’s findings “would still impact the interaction between domestic law and European Union law, the effectiveness of remedies available to citizens challenging statutes conflicting with EU law, and, most importantly, how rights under Article 2 are protected and enforced”, it says.

The court’s ruling could have an impact on migration and asylum law, in particular.

Martin O’Brien, director of Social Change Initiative, said: “The forthcoming judgment in the Legacy Act case will determine whether the commitment to ensure that Brexit does not lead to any diminution in the human rights and equality protections of the Good Friday Agreement has any real substance.

“We hope our report will help everyone to get to grips with the complex legal issues that the case will decide. And why they matter to us all.”

Share icon
Share this article: