Written evidence from Women's sector organisations
within Northern Ireland[98]
1. BACKGROUND
1.1 Women's sector organisations within
Northern Ireland welcome the interest of the Northern Ireland
Affairs Committee regarding a Bill of Rights for Northern Ireland.
Collectively, we have been engaged in the process of consultation
around a Bill of Rights over many years. We were a recognised
sectoral group within the Bill of Rights Forum which was established
by the Westminster Government following the St Andrew's Agreement
and chaired the Working Group on Women within the Forum. In broad
terms we support the submission given by the Northern Ireland
Human Rights Commission to the Northern Ireland Office, although
on a few issues we would have wished it to have gone further.
1.2 We would like to take this opportunity to
outline what we consider to be the main issues of concern to women
in Northern Ireland that we believe must be included in a strong
and inclusive Bill of Rights. Our evidence for this derives from
many years of consultation within our member organisations and
from the responses we have received from events organised to inform
women's groups about the Bill of Rights process. We have also
taken into consideration the provisions the Belfast (Good Friday)
Agreement (the Agreement)and relevant International Standards,
including the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW) and UN Resolution 1325.
1.3 Women in Northern Ireland constitute a diverse
group in terms of age, social class, life experience, racial and
ethnic background, sexual orientation, disability and religious
and political belief. We respect that diversity.
1.4 Our hope for the Bill of Rights is that
it will become a living instrument whereby the most marginalised,
the most overlooked and oppressed groups are protected and empowered
to flourish in a new Northern Ireland.
1.5 There has been little acknowledgement
of the particular circumstances of Northern Ireland in terms of
the material reality of women's lives. The report by the Women's
Centres Regional Partnership, Women and the Conflict: talking
about the troubles and planning for the future (which was
endorsed by Jeffrey Donaldson, MLA, MP) made visible the impact
of the conflict on women's lives, affecting their under-representation
in public and political life; violence against women; mental health
issues in communities; the impact on women's life opportunities
in education, employment and training opportunities. Our hope
is that a Bill of Rights will address these issues and will help
strengthen the case for full and equal representation of women
in all areas of Northern Irish society.
The following are the main areas of concern
for women in Northern Ireland:
2. DEMOCRATIC RIGHTS
2.1 In the political and public sphere women
are seriously under-represented. Only 18 of our Assembly of 108
members are women. By any measure women do not have full and equal
participation in political and public life and access to power
and decision making. This is undoubtedly a legacy of the conflict,
when political life was a dangerous road to take, as the murder
of several prominent women would attest. The "particular
circumstances" of Northern Ireland has created a sectarian
and adversarial political culture that has been off-putting for
many women, alienating them from a political process that did
not address their concerns. We would draw attention to the pledge
contained in the Good Friday/Belfast Agreement on "the right
of women to full and equal political participation" (p 16;
to UN SCR 1325 on "Women, Peace and Security" which
calls for an increase in the number of women at decision-making
levels in national, regional and international institutions involved
in preventing, managing, and resolving conflicts and for the increased
participation of women at decision-making levels in conflict resolution
and peace processes. We would also draw the attention of the Committee
to the Concluding Observations of the Committee on the Elimination
of Discrimination against Women: United Kingdom of Great Britain
and Northern Ireland (para 37) "In view of its particular
relevance to Northern Ireland, the Committee notes with regret
the lack of information provided on the implementation of Security
Council resolution 1325 on women, peace and security. It also
notes the under representation of women in public office ... and
in key institutions established directly as a result of the peace
process."
2.2 Positive action measures in the devolved
institutions of Scotland and Wales have helped to transform the
political landscape in terms of the representation of women. In
Northern Ireland, our situation of under representation of women
can only be redressed through a commitment to positive action
such as that recommended by Article 7 of CEDAW which requires
states to take all appropriate measures to eliminate discrimination
against women in political and public life. Legislation exists
in the form of the Sex Discrimination (Election Candidates) Act
2002 permitting all-female short lists but none of the political
parties in Northern Ireland have made use of this mechanism to
improve the gender balance of political life.
2.3 The women's sector believes that this
situation is so fundamentally undemocratic that the Bill of Rights
must promote and protect women's rights in this sphere.
3. VIOLENCE AGAINST
WOMEN: THE
RIGHT TO
DIGNITY AND
PHYSICAL INTEGRITY
3.1 Women have been particularly affected
by the culture of violence that has been created as a result of
decades of civil strife and a rise in violent crime. Incidents
of violence against women have increased, trafficking of women
is a new issue, but it is one that appears to be facilitated as
a result of our particular culture. While women have been joining
the Police Service of Northern Ireland, on-going threats by dissident
republicans to nationalists joining PSNI are impacting upon the
representation of Catholic women, with severe repercussions for
the overall representation within the police service. In addition,
the gender-specific nature of domestic violence and sexual violence
has been obscured. There is no "gender parity" in terms
of who is most affected by gender-based violence. In her report
to the Economic and Social Council of the United Nations, 2 February
1996, the Special Rapporteur on Violence Against Women stated
very clearly that "the language of law must be clear and
unambiguous in protecting women victims from gender-specific violence
within the family and intimate relationships."
3.2 We need an acknowledgment of the problem
and its impact on the lives of women and girls and an explicit
commitment to eliminate gender-based violence.
3.3 This should reflect the standard laid
down in the 1993 UN Declaration on the Elimination of Violence
Against Women, asking states to pursue by all appropriate means
and without delay, a policy of eliminating violence against women.
4. HEALTH ISSUES
4.1 Women do not have access to abortion
services in Northern Ireland, except in the most limited of circumstances,
and it is estimated that at least 1,300 women from Northern Ireland
travel to Great Britain every year to access abortion. Apart from
the financial costs involved (fees for the abortion, travel and
accommodation), the lack of such facilities in Northern Ireland
leads to later abortions, which can impact adversely on the health
of the women concerned. We call for a Bill of Rights to guarantee
to women the right to access the full range of reproductive services
as enjoyed by women in the rest of the United Kingdom. We also
draw the Committee's attention to the fact that United Nation's
Committee on the Elimination of Discrimination against Women has
directed the UK government to consult widely on this issue in
Northern Ireland (para 42).
5. SOCIAL AND
ECONOMIC RIGHTS
5.1 It is officially recognised that grievances
among large sections of the population in Northern Ireland in
relation to discrimination, exclusion and poverty, particularly
in the areas of employment and housing, were prime factors in
the conflict. There are continuing high levels of socio-economic
disadvantage and deprivation in Northern Ireland. While this may
also be the case in other parts of the UK, there is a crucial
difference, namely the distinct manner in which socio-economic
rights have been abused, neglected and restricted by sate and
non-state actors in Northern Ireland and their close relationship
to both the causes and impact of 30 years of conflict. Given this,
we believe that the inclusion of social and economic rights within
a Bill of Rights for Northern Ireland is essential.
5.2 There has been an abject failure in this
society to promote the equality of women in society in socio-economic
terms eg. pensions, pay, social security etc. The establishment
of a culture of socio-economic rights could fundamentally lift
the position of women in society—and thereby also lift many
of the families and groups in society who are suffering from the
dual nightmare of poverty and inequality.
6. A SECTION ON
WOMEN'S
RIGHTS
6.1 The women's sector in Northern Ireland
is of the firm opinion that a separate section on women's rights
within a Bill of Rights is vital in order to send out a strong
and legally enforceable message that discrimination against women
is wrong. As the South African Bill of Rights succeeded in addressing
the particular issues facing that country, so must a Bill of Rights
for Northern Ireland address the gender inequalities and discrimination
that exists.
7. ENFORCEMENT OF
A BILL
OF RIGHTS
7.1 We consider it essential that the gender
inequality within the judiciary in Northern Ireland charged with
enforcing any provisions within the Bill of Rights should be addressed.
There are currently no women at High Court level or above in Northern
Ireland. A court charged with enforcing a Bill of Rights must
be reflective of the whole of the population in Northern Ireland.
For this to be achieved, we consider that affirmative action measures
will be necessary.
Additionally, we would urge that the system for appointing
and training judges be reformed to ensure that those appointed
in Northern Ireland are committed to the obligations imposed on
them by a Bill of Rights. One point we would make is that commitment
must be a criterion for appointment rather than a matter for training.
April 2009
Northern Ireland Women's European Platform;
Women's Support Network;
Northern Ireland Women's Rural Network;
Northern Ireland Women's Aid Federation;
Centre for the Advancement of Women in Politics,
Queen's University of Belfast;
WOMEN'STEC;
Lesbian Line;
Foyle Women's Information Network;
Women's Forum;
First Steps Women's Centre, Dungannon; and
The Women's Centre, Derry.
98 Women's Resource and Development Agency; Back
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