The Northern Ireland Human Rights Commission continues to be at the forefront of building a culture of human rights.
In December we launched our Annual Statement at the Northern Ireland Assembly. The statement illustrates the scope of the work undertaken by the Commission over the past 12 months and analyses progress and gaps in human rights protections in order to improve the public’s human rights.
The 2016 Annual Statement highlighted the positive steps being taken by the N.I Assembly and gave a green light to the extension on eligibility to donate blood for men who have sex with men, in line with elsewhere in the UK, and the publication of a racial equality strategy. Highlighting where protections are poor, we issued a red light on access to termination of pregnancy in circumstances of fatal and serious foetal abnormality, rape or incest and on the lack of civil marriage for same sex couples. The statement drew attention to a number of privacy issues in often unreported areas, such as use of medical data within health and social care. We highlighted the need for adequate legal protections and processes to be put in place by government departments to ensure personal data and privacy is protected.
Privacy issues were highlighted by our guest speaker United Nations Special Rapporteur on Privacy in the Digital Age, Professor Joseph Cannataci. The Special Rapporteur gave a stark message on the risks to privacy from our digital footprint via phones, browser history and emails, highlighting the potency of mega data. He also noted that legislation to further restrict privacy was being enacted in France and Germany. He raised that while newly passed UK legislation to modernise privacy and security issues was welcome, there remained serious issues of government access to data and significant gaps in oversight and accountability. Professor Cannactacis full address is on our Youtube channel youtube.com/nihrc.
The Commission is Chair of the Commonwealth Forum of National Human Rights. We have begun to tread new waters through our work on Sport and Human Rights. To this end, in preparation for the Belfast 2021 Commonwealth Youth Games, we hosted with the Northern Ireland Commonwealth Games Council, a symposium in December in Belfast which brought together experts from business and sports industries. Caroline Rees, President and Co-Founder of Shift and key advisor on the UN Guiding Principles on Business and Human Rights led the discussion with David Grevemberg, CEO of the Commonwealth Games Federation, Jim Boyce, Vice-President of FIFA and former President of the IFA and Dr Lisa Bradley Commonwealth Games Silver medallist and Head of Department of International Business at Ulster University. The seminar discussed how human rights violations can increase in countries who host major sporting events and there is evidence of worker and child exploitation and forced eviction from homes in the run up to the sporting events. The Commission, through the global reach of mega sporting events, wants to play a part to improve the legacy for future sporting events and to develop best practice tools to promote human rights.
Locally, the Commission is working in partnership with Ulster University to examine the impact on Litigants in Person in Northern Ireland. The study seeks to examine the experience of people who represent themselves in court hearings and how this impacts on the justice system and the courts. Funded by the Nuffield Foundation, it is the first of its kind in the civil and family courts in Northern Ireland. The research will explore why people represent themselves in court, their experiences and the impact on the courts. The areas of interest include family proceedings, family homes and domestic violence, divorce, civil bills and bankruptcy. The research will also examine the human rights standards and legal decisions on the right to legal representation in civil courts.
A key strength of the Commission’s structure is its power to investigate systemic human rights issues. In September 2016 the Commission announced an investigation into the issue of Travellers Accommodation in Northern Ireland. Research has shown that a quarter of Travellers residing in Northern Ireland have reported their place of residence to be unhealthy or very unhealthy, and many also have concerns about safety. A lack of footpaths, public lighting, fire hydrants, play areas, plumbing, washing facilities, electricity and refuse management are just some of the issues described.
The Commission has issued its power to access to information from public authorities and government departments. In addition, a roundtable with NGOs and Traveller user groups has been convened. Members of the Travelling Community and those delivering support services are being asked for their assistance, alongside site visits to Traveller accommodation in Northern Ireland. The Commission will publish its findings in the autumn of 2017.
Finally we are awaiting a date for judgment on our ongoing and highly publicised case on the law on termination of pregnancy in Northern Ireland. It is expected in the next few weeks. In the High Court, Justice Horner ruled that the law in NI breached the European Convention on Human Rights, Article 8 the right to private life and a women’s right to personal autonomy by the absence of exceptions to the general prohibition on abortions in the cases of: (a) fatal foetal abnormalities at any time; and (b) pregnancies which are a consequence of sexual crime up to the date when the foetus becomes capable of existing independently of the mother. The High Court did not uphold the Commission's challenge to the lack of access to termination locally in cases of serious malformation of the foetus.
The Attorney General and the Justice Minister both lodged appeals to the High Court’s ruling and the Commission cross-appealed the decision and reintroduced all of the original grounds brought before the High Court. Predicting political developments in 2017 is a risky business, nonetheless the Commission will continue to do what it does best, protect and promote human rights in Northern Ireland.
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