NORTHERN IRELAND HUMAN RIGHTS COMMISSION

1.  The NIHRC was established as a result of the Good Friday Agreement of 10 April 1998; its duties and powers are set out in Section 69 of the Northern Ireland Act 1998. The NIHRC complies with the United Nations’ 1993 Paris Principles on National Human Rights Institutions except that (1) it is not a national institution, (2) it does not have the power to compel co-operation in investigations and (3) it is, in our view, inadequately resourced.

One full-time Chief Commissioner and eight part-time Commissioners are accountable to the Secretary of State for Northern Ireland at Westminster. The Commission has a duty to advise the government at Westminster and the NI Assembly on the human rights implications of all legislation and policy. In addition the Commission undertakes research and investigations into alleged human rights abuses, conducts major education programmes, is involved in litigation either in its own name or in support of another party, and produces a range of publications connected with its work and with the promotion of human rights in general. The Commission is currently undertaking a major consultation on what might be included in a Bill of Rights for Northern Ireland. 

In this respect the Commission is particularly targeting children and young people. A specific budget has been secured to ensure effective consultation with children and young people throughout Northern Ireland. The Commission will work closely with NGOs and children’s sector organisations for guidance and support during this consultation process.

2.  There are currently three key consultation documents being considered that have particular effect on children and young people in Northern Ireland. Firstly, the Bill of Rights document produced by the NIHRC which lists a series of rights that should be included to protect children and young people. Secondly, a consultation paper has been issued by the Office of Law Reform in Northern Ireland entitled Physical Punishment in the Home – Thinking about the Issues, Looking at the Evidence. This will consider how the law might be amended in Northern Ireland to regulate the physical punishment of children in the home. The third consultation document involving children and young people is through the Northern Ireland Executive of the Assembly which is considering the creation of the post of a Children’s Commissioner for Northern Ireland.

 These are three major policy and practice initiatives, all of which have made a commitment to ensuring that the voice of children and young people is heard during the consultation process. The NIHRC is working closely with government and the relevant NGOs in the children’s sector to ensure that international human rights standards are central to the outcome of the consultation processes. A coalition of children’s organisations and other NGOs, Children are Unbeatable has been established with the twin aim of supporting parents to use a non-violent approach to discipline and to achieve equal protection for children from assault. The NIHRC is in regular contact with this group and with individual organisations such as the Children’s Law Centre (the Director of which is a Commissioner with the NIHRC) and will make a submission to the consultation document.

3. The Human Rights Unit of the Northern Ireland Assembly Office of the First and Deputy First Ministers has established an NGO Forum to advise on the Children’s Commissioner proposal and the accompanying Children’s Strategy. This is a temporary initiative at present but it is anticipated that it will be formalised and made permanent in due course. To accompany this Forum, an Inter-Departmental Working Group has been created to provide advice from a statutory perspective. The NIHRC is supportive of the proposal to create a Children’s Commissioner and would intend to work cooperatively with any such office through a Memorandum of Understanding to ensure the best possible protection of children throughout Northern Ireland. The current proposals, if accepted, have the potential to establish an excellent model of protection.
   

4. In terms of the rights of children proposed for inclusion in a Bill of Rights for Northern Ireland, the NIHRC is suggesting a general clause requiring state authorities in Northern Ireland to follow the United Nations Convention on the Rights of the Child, as well as more specific rights for children. Interpretation of the whole of the Bill of Rights should be underpinned by the "best interests" principle and the Commission’s proposals would strengthen a child’s right to consultation and participation in decisions that affect his or her life. The provision of a stable, safe and supportive environment and protection for abuse, physical, emotional or mental, are also highlighted. In Northern Ireland the age of criminal responsibility is only 10 years old. This and other aspects of the criminal justice system are recommended for change. Conditions for young people in work and in the education system are also highlighted for consideration.
5. In addition in Northern Ireland, the Equality Commission, created under the Northern Ireland Act 1998, has the responsibility to monitor the compliance of public sector services with what is known locally as their Section 75 Duty. This refers to the duty under section 75 of the Northern Ireland Act, to have due regard to the need to promote equality of opportunity –

6. As required by statute, the NIHRC has produced and published a Review of its Effectiveness over its initial two-years’ activity. This Review contains some twenty-five recommendations to government on how the Commission might more effectively achieve its aim of protecting and promoting human rights in Northern Ireland. Key to these recommendations are enhanced investigatory powers, an adequate level of resourcing and a restoration of our power to make third party interventions in the courts. Details of all the recommendations and further details on the role of the Commission can be obtained on the website at www.nihrc.org.