Research Report Update: EU Developments in Equality and Human Rights - Impact of Brexit
The Equality Commission for Northern Ireland, the Northern Ireland Human Rights Commission and the Irish Human Rights have published a joint updated research report
This report examines issues of divergence in the protection of rights and equality on the island of Ireland focusing on the period from 1 January 2022 to 31 August 2023 (though includes some more recent developments). It updates an initial report on divergence and we generally do not replicate the recommendations in that initial report, except where we wish to draw attention to subsequent developments or outstanding issues.
Downlload the updated report below:
Annual Report 2023-2024 on the Implementation of Article 2 of the Windsor Framework
Our 2023-24 joint Annual Report on the Implementation of Article 2 of the Windsor Framework outlines the views of the Equality Commission, and our partner the Northern Ireland Human Rights Commission, on the Government’s compliance with Article 2 and makes recommendations to ensure the continued protection and enhancement of human rights and equality standards in Northern Ireland.
The report highlights key developments over the past year, including significant court judgments. It also includes a summary of the Commissions’ research findings which provide a strong basis for recommendations to government.
Policy Recommendations: The Impact of Brexit on Minority Ethnic and Migrant People in NI
The Equality Commission has produced policy recommendations relating to the impact of Brexit on minority ethnic and migrant people in Northern Ireland.
The recommendations were informed by the findings of an independent
research report completed in November 2022 by Pivotal Public Policy Forum.
Briefing Paper on the EU Pay Transparency Directive
Joint ECNI and NIHRC Briefing Paper on the EU Pay Transparency Directive: The UK Government’s dynamic alignment obligations relating to Windsor Framework Article 2
A new EU Pay Transparency Directive was adopted by EU Parliament in March 2023 and it came into force in June 2023.
The ECNI and NIHRC have progressed work to explore the extent to which this proposed Directive amends or replaces the Directive 2006/54/EC, on the Equal Treatment of Women and Men in employment and occupation in Annex 1 of the Windsor Framework.
This paper sets out two Commissions’ analysis and conclusions that the new EU Pay Transparency Directive does amend this Annex 1 Directive on Equal Treatment of Women and Men in employment and occupation. To ensure compliance with the dynamic alignment (‘keeping pace’) commitment under Article 13(3) of the Windsor Framework, any amendment or replacement of the Annex 1 Directives, requires the law in NI to be amended to ‘keep pace’ with that change.
Download briefing paper
The Impact of Brexit on Women in Northern Ireland
The Equality Commission has commissioned research into the Impact of Brexit on Women in Northern Ireland. This research was undertaken by Katharine A. M. Wright, Ruth McAreavey and Rebecca Donaldson, Newcastle University.
The Report provides a high level, preliminary analysis of the actual, perceived and potential socioeconomic impacts of the UK’s withdrawal from the EU on women and girls in Northern Ireland.
Annual Report by three Commissions: Equality and Human Rights after Brexit (Oct 2022 – Sept 2023)
This is the second activity report on the joint work by the Irish Human Rights and Equality Commission, Equality Commission for Northern Ireland and Northern Ireland Human Rights Commission to ensure the implementation of Article 2 of the Windsor Framework from an island of Ireland perspective. The report covers October 2022 to September 2023.
Public Awareness Survey - equality and human rights protections in NI after Brexit
The Equality Commission for Northern Ireland commissioned a short survey, as part of its role with the Northern Ireland Human Rights Commission, to promote understanding and awareness of the importance of Protocol Article 2 and the role of the dedicated mechanism.
The aim of the survey, which took place between 19 and 22 March 2023, was to capture a snapshot of the public’s awareness and understanding of Article 2 of the Windsor Framework and the role of the dedicated mechanism, and attitudes to equality and human rights protections in Northern Ireland post Brexit.
2024 Survey
Our
latest 2024 survey has provided food for thought and some useful insights. We had the survey designed to capture a snapshot of the public’s awareness and understanding of Article 2 of the Windsor Framework and the role of the dedicated mechanism.
The survey results from 2024 offer a mixed bag. On the one hand, awareness of rights under the Windsor Framework is clearly improving, with more people understanding the protections in place and the role of the Equality Commission and the Northern Ireland Human Rights Commission.
If you would like further information on any of these surveys, please contact dmu@equalityni.org
Annual Report 2022-23: Implementation of Protocol Article 2
Our Annual Report 2022-23 sets out the work on advising and holding the UK Government to account on the Implementation of its no diminution commitment in Article 2 of the Windsor Framework over the last year.
Speaking about the report, Geraldine McGahey, Chief Commissioner, Equality Commission for Northern Ireland and Alyson Kilpatrick, Chief Commissioner, Northern Ireland Human Rights Commission said:
“The UK Government made important commitments to protect equality and human rights post Brexit. This report highlights our advice to Government on the significant legislative developments that have taken place over the last year, including The Windsor Political Declaration, the Retained EU Law Bill, the Northern Ireland Troubles (Legacy and Reconciliation) Bill, the Illegal Migration Bill and the potential reform of the Human Rights Act. We remain concerned about the impact of these developments on equality and human rights in Northern Ireland."
Download the report
Briefing papers and submissions
- Submission to the House of Lords on the Data Protection and Digital Information Bill (pdf, March 2024)
- ECNI and NIHRC Briefing Paper: The EU Pay Transparency Directive: The UK Government’s dynamic alignment obligations relating to Windsor Framework Article 2 (pdf, March 2024)
- Submission to the House of Lords on the Safety of Rwanda (Asylum and Immigration) Bill (pdf, Feb 2024)
- Submission to the House of Lords Sub-Committee on the Windsor Framework’s call for evidence for its inquiry on regulatory divergence and the Windsor Framework (pdf, Dec 2023)
- Submission to the House of Lords on the Illegal Migration Bill (pdf, June 2023)
- Submission to the House of Lords Sub-Committee on the Protocol’s call for evidence for its inquiry on the Windsor Framework (pdf, May 2023)
- Briefing on the Retained EU Law (Revocation and Reform) Bill (pdf, Jan 2023)
- Briefing on the Northern Ireland Protocol Bill (pdf, Oct 2022)
- Preliminary Briefing on the Northern Ireland Protocol Bill (pdf, June 2022)
- Submission to House of Lords Sub-Committee on the Protocol’s follow up Inquiry on the impact of the Protocol (pdf, June 2022)
- Submission by NIHRC and ECNI to ‘Retained EU Law: Where next?’ - an inquiry by the European Scrutiny Committee (pdf, April 2022)
- Joint ECNI / NIHRC Briefing on the provisions on Voting/Candidacy Rights of EU citizens in Northern Ireland in the Elections Bill (pdf, Mar 2022)
- Briefing Paper on the Modern Slavery and Human Trafficking and Electronic Travel Authorisation provisions in the Nationality and Borders Bill (pdf, Jan 2022)
- Submission to House of Lords Sub-Committee on Protocol: Scrutiny of HM Government Command Paper ‘Northern Ireland Protocol: the way forward’ (Non-inquiry session)’ (pdf, Nov 2021)
- Letter from House of Lords Sub-Committee to the Secretary of State for NI in response to our oral evidence session on Article 2 (pdf, Oct 2021)
- Submission to the Introductory Inquiry into the Operation of the Protocol by the House of Lords Sub-Committee on the Protocol on Ireland/Northern Ireland (pdf, June 2021)
- Work on Internal Market Bill: Joint statement (2020) with the NIHRC and the IHREC on the Internal Market Bill
- Joint briefing paper with the NIHRC on the Internal Market Bill (pdf, Sept 2020) - includes the Annex 1 Directives
- Brexit and the Northern Ireland Protocol - written evidence submitted to the NI Affairs Committee Inquiry by NI Human Rights Commission and Equality Commission for NI (pdf, Dec 2020) - html format
Research Report: Impact of Brexit on Minority Ethnic and Migrant People in Northern Ireland
New research, commissioned by the Equality Commission from the independent think tank Pivotal, looks at the actual, perceived, and potential socioeconomic impacts of Brexit on minority ethnic and migrant people in Northern Ireland.
The research entitled
Impact of Brexit on Minority Ethnic and Migrant People in Northern Ireland (pdf, May 2023) has found that life in Northern Ireland is much more difficult for many minority ethnic and migrant people following Brexit.
Read the press release
Policy Recommendations: Impact of Brexit on the divergence of rights and best practice on the Island of Ireland
The policy recommendations of the three Commissions relate to the impact of Brexit on the divergence of rights and equalities that have an island of Ireland dimension. Whilst some of these recommendations are made jointly by all three Commissions, most recommendations are made solely by the Equality Commission NI and NI Human Rights Commission.
The recommendations have been informed by the findings of the research report below.
Research Report: Impact of Brexit on the divergence of rights and best practice on the Island of Ireland
The Equality Commission for Northern Ireland, the Northern Ireland Human Rights Commission and the Irish Human Rights and Equality Commission have published a joint research report: European Union Developments in Equality and Human Rights: The Impact of Brexit on the Divergence of Rights and Best Practice on the Island of Ireland (pdf, Dec 2022)
The aim of this research paper is to analyse the impact, and or potential impact, of Brexit as regards the divergence of equality and human rights protections and European Union best practice on the island of Ireland. Such divergence between Ireland and NI has the potential to have implications for Protocol Article 2
This research highlights EU developments in EU law, Court of Justice EU case law, policy and best practice that relate to equality and human rights in Northern Ireland, post Brexit and that have the potential to result in divergence of rights on the island of Ireland.
Annual Joint report on the implementation of Article 2 of the Ireland/Northern Ireland Protocol (Jan 21 - Sept 22)
This is the first Annual Joint Report, in respect of Protocol Article 2, from the Irish Human Rights and Equality Commission, the Equality Commission for Northern Ireland and the Northern Ireland Human Rights Commission, their first since they took over their new roles in respect of Protocol Article 2.
The report outlines the joint work of the Commissions in providing oversight of, and reporting on, rights and equalities issues with an island of Ireland dimension falling within the scope of Article 2 of the Ireland/Northern Ireland Protocol to the EU-UK Withdrawal Agreement (‘Protocol Article 2’).
Working Paper: The Scope of Article 2(1) of the Ireland/Northern Ireland Protocol
The Equality Commission and the Northern Ireland Human Rights Commission joint Working Paper sets out their views on the scope of equality and human rights protected under the Ireland/ Northern Ireland Protocol. This important paper focuses on the extent of the UK Government’s commitment, under Article 2 of the Protocol, to protect certain equality and human rights after Brexit. The Working Paper provides an informed position on how the non-diminution commitment will work in practice and on the types of rights, safeguards and equality of opportunity protections that could potentially fall under the Article 2 commitment.
Annual Report 2021-22: Implementation of Protocol Article 2
This is our first annual report focusing on the implementation of Article 2 of the Ireland/Northern Ireland Protocol. The report, which was laid before Parliament on 1 December 2022, highlights the changes made to the rights and equality landscape since Brexit and records our key policy recommendations, from 1 January 2021 to 31 March 2022, as well as concerns raised with the Government. Download our Annual Report (pdf, July 2022)
The Equality Commission and the Northern Ireland Human Rights Commission have obligations, as part of their new roles and responsibilities as the dedicated mechanism, to advise, monitor and hold the UK Government to account on its important commitment to ‘no diminution’ of certain equality and human rights as outlined in Protocol Article 2.
EU Funding: Impact of Brexit on Section 75 Equality Groups in NI
This research report considered the potential impact of loss of EU funding on Section 75 equality groups in Northern Ireland and set out recommendations for future funding, including in the context of the proposed UK Shared Prosperity Fund. Download the pdf report
Our key policy recommendations relate to the proposals outlined by the UK Government on replacement European Union (EU) funding, including the UK Shared Prosperity Fund (SPF) and have been informed by the findings of the research report which sought the views of a range of stakeholders including those who had received EU funding for programmes that promoted equality of opportunity and good relations in Northern Ireland. Read our policy recommendations
Legislative Scrutiny and the Dedicated Mechanism for monitoring Article 2 of the Ireland/NI
This report analyses current structures and identifies recommendations for reform of UK Parliament and NI Assembly mechanisms and processes so as to ensure that there can be effective scrutiny of the UK Government’s compliance with its commitment under Article 2(1) of the Protocol.
Consultation responses
Equality Commission consultation responses:
See our
full list of consultation responses