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Beyond trade: implementing the Ireland/Northern Ireland Protocol’s human rights and equalities provisions

Lookup NU author(s): Professor Colin MurrayORCiD, Clare Rice

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This is the authors' accepted manuscript of an article that has been published in its final definitive form by Queen's University Belfast School of Law, 2021.

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Abstract

The protections for rights and equality might be placed at the forefront of the EU/UK Withdrawal Agreement’s Protocol on Ireland/Northern Ireland, but they have been overshadowed by debates over its trade provisions. This marginalisation of these elements of the Protocol is problematic. Rights and equalities protections have long been a contested aspect of Northern Ireland’s constitutional arrangements, and there is thus every possibility that the limits of these new arrangements will be tested upon their entry into force. Moreover, unlike the aspects of the Protocol relating to trade, which can ultimately be terminated by the Northern Ireland Assembly, the rights and equalities aspects of the Protocol will continue in force independent of such a vote. As such, these provisions could even be said to provide the kernel of an uncodified Northern Ireland Bill of Rights.

Publication metadata

Author(s): Murray C, Rice C

Publication type: Article

Publication status: Published

Journal: Northern Ireland Legal Quarterly

Year: 2021

Volume: 72

Issue: 1

Print publication date: 30/06/2021

Acceptance date: 01/12/2020

Date deposited: 10/02/2021

ISSN (print): 0029-3105

Publisher: Queen's University Belfast School of Law

URL: https://doi.org/10.53386/nilq.v72i1.886

DOI: 10.53386/nilq.v72i1.886

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