Annex 3: Northern Ireland Human Rights
Commission Methodology
A Briefing on the Methodology used in
preparing the advice of the NIHRC to Government on a Bill of Rights,
9 June 2008
1. Is the case made that the need for this proposed
right arises out of the particular circumstances of Northern Ireland?
2. Is the proposed right (a) supplementary to the
Human Rights Act 1998 (b) supplementary to those provisions of
the European Convention on Human Rights not reproduced in Schedule
1 to the Human Rights Act 1998 and (c) compatible with their existing
provisions?
3. Is the case made that the right is not adequately
protected under the European Convention on Human Rights and the
Human Rights Act?
4. Is the proposed right in line with best practice
according to international instruments and experience?
5. Will the proposed right help to reflect the principles
of mutual respect for the identity and ethos of both communities
and parity of esteem?
6. In light of the above, taking into account what
the consequences might be (positive and negative) of including
this proposal in the Bill of Rights, the content of the Forum's
Final Report, the support and opposition regarding the proposal,
the context of human rights in the UK and on the island of Ireland
and any submissions made to the Commission on the subject, does
the Commission believe it would be in the interests of the people
of Northern Ireland?
7. Taking into account all the above and having regard
to the totality of rights considered for inclusion in a Bill of
Rights, does the Commission consider (a) that this proposed right
should be included in its advice to the Secretary of State and
(b) that any amendments or additions are necessary or desirable
in order to ensure the coherence and effectiveness of the Bill
of Rights as a whole?
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