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HUMAN RIGHTS and RESPONSIBILITIES in BRITAIN and IRELAND Also by Sydney D

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HUMAN RIGHTS and RESPONSIBILITIES in BRITAIN and IRELAND Also by Sydney D HUMAN RIGHTS AND RESPONSIBILITIES IN BRITAIN AND IRELAND Also by Sydney D. Bailey WAR AND CONSCIENCE IN THE NUCLEAR AGE CHRISTIAN PERSPECTIVES ON NUCLEAR WEAPONS HOW WARS END (2 vols) THE MAKING OF RESOLUTION 242 THE PROCEDURE OF THE UN SECURITY COUNCIL VOTING IN THE UN SECURITY COUNCIL THE GENERAL ASSEMBLY OF THE UNITED NATIONS THE SECRETARIAT OF THE UNITED NATIONS A SHORT POLITICAL GUIDE TO THE UNITED NATIONS BRITISH PARLIAMENTARY DEMOCRACY CEYLON PARLIAMENTARY GOVERNMENT IN SOUTHERN ASIA NAISSANCE DE NOUVELLE DÉMOCRA TIES PEACEFUL SETTLEMENTS OF INTERNATIONAL DISPUTES Human Rights and Responsibilities in Britain and Ireland A Christian Perspective Edited by Sydney D. Bailey for the Project of the Churches on Human Rights and Responsibilities in the United Kingdom and the Republic of Ireland Foreword by The Archbishop of York M MACMILLAN PRESS © Sydney D. Bailey 1988 Foreword © The Archbishop of York 1988 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright Act 1956 (as amended), or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 33-4 Alfred Place, London WC1E 7DP. Any person who does any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damages. First published 1988 Published by THE MACMILLAN PRESS LTD Houndmills, Basingstoke, Hampshire RG21 2XS and London Companies and representatives throughout the world Typeset by Footnote Graphics, Frome British Library Cataloguing in Publication Data Human rights and responsibilities in Britain and Ireland: a Christian perspective. 1. Human rights-Religious aspects­- Christianity 2. Human rights-British Isles. I. Bailey, Sydney D. II. Project of the Churches on Human Rights and Responsibilities in the United Kingdom and the Republic of Ireland 261.7 BT738.15 ISBN 978-0-333-46074-0 ISBN 978-1-349-18940-3 (eBook) DOI 10.1007/978-1-349-18940-3 Contents Foreword by the Archbishop of York, Dr John Habgood IX Acknowledgements xi Project of the Churches on Human Rights and Responsibilities in the United Kingdom and the Republic of Ireland xu Notes on Members of the Working Party and Consultants xiv Introduction 1 Background to the Report 1 Some definitions 4 Organisation of the Project 8 1 Rights and Responsibilities in Christian Ethics 12 History of the human rights concept 12 A theological basis for human rights 13 Philosophical objections 19 Dangers of language 21 'The justice which God requires' 22 2 Rights and Responsibilities in International Law 27 National sovereignty 27 A legal revolution 28 The Christian dimension 30 Individual responsibility 31 The international human rights treaties 32 Remedies for violations 34 Incorporation of human rights treaties into domestic law 37 3 Majorities and Minorities 45 The tyranny of the majority 45 Morality, religion, and law 48 Integration or separate identities? 52 'Self-determination of peoples' 54 Territorial integrity 55 Minority rights 57 Some recent trends 58 Mechanisms for protection of minorities 60 v vi Contents 4 Northern Ireland: A Special Case? 67 Northern Ireland in context 67 Historical background 71 Solutions and initiatives 75 The economic dimension 82 Responsibilities reviewed 85 5 Law and Constitution in These Islands 92 The role of law 92 Four legal systems 93 Constitutions 94 Legal protection for human rights in the United Kingdom 97 Northern Ireland 100 The Republic of Ireland 106 6 The Protection of Minority Rights 118 Cultural identity 120 The family 121 Education 126 Religion and the Churches 134 Political representation 135 Statutory agencies concerned with human rights 137 The need for consistency and coherence 143 7 The Responses of Christians to the Conflict in Northern Ireland 147 The witness of individual Christians 151 The role of the Churches 153 Challenges 160 8 Political Violence and the Rule of Law 164 Terrorism and counter-terrorism 164 States of emergency 168 Proscribed organisations 170 Exclusion orders 171 The security forces 172 Riots 174 The courts 177 Prisoners 181 Finding the right balance 185 Contents vii 9 Towards Peaceful Coexistence 188 The Churches 191 Grievances removed 194 10 Your Rights are my Responsibility 196 The responsibilities of governments 197 Northern Ireland: a special case? 198 Constitutional status 199 The responsibilities of individuals, and of their associations 200 The responsibilities of the Churches 202 Responsibility for security 203 A bridge for the future? 204 Appendices 1 The European Convention on Human Rights and Domestic Law 210 2 How an Individual may bring Proceedings in Strasbourg 214 3 UN Declaration on Elimination of Intolerance and Discrimination based on Religion or Belief 217 4 The Anglo-Irish Agreement 1985 220 5 Conclusions of the Inter-Church Report Violence in Ireland 226 Suggestions for Further Reading 228 Income and Expenditure Accounts for the Project September 1984-May 1987 232 Financial Contributions towards the Project 233 Index 234 Foreword Issues concerning majority and minority rights and responsibilities underlie much of the political conflict in today's world. Where social and political differences are correlated with differences in religious allegiance, the conflicts become peculiarly intractable. It is a sad fact that many of the most violent conflicts and outrages have a strongly religious dimension. The theme of this book, therefore, has a wider relevance than its title might imply. The special problems of Britain and Ireland may owe much to particular historical events, some of which lie buried­ though certainly not dead - in the distant past. They may also reflect some of the national characteristics of the British and Irish people. The religious dimension may have features which are peculiar to Ireland. But the problems also conform to more general patterns of conflict and can serve to illustrate more general principles. Indeed, a simple recognition that such patterns of conflict are not all that uncommon may in itself be a help in reducing some of the animus. And the converse also follows. Any serious attempt to understand the problems in one place, and to search for meeting points, may have unexpected spin-offs elsewhere. It was the hope of those who first conceived the Project that the effort of standing back and looking in general terms at human rights and responsibilities might help to provide a common starting point and a common language in which old issues might be tackled afresh. Inevitably, though, the Project grew, the authors found themselves forced to deal with particularities as well as with generalities, and also to provide more background information than was originally in­ tended. The result is a wide-ranging study which I believe could do much to increase understanding between separated cpmmunities, as well as inform and stimulate many who may not at the moment feel that the problems belong to all of us who live in these islands. The fact that this is 'a Christian perspective' is central to the book. I have already made the point that religion can exacerbate conflict. It also holds the key to finding constructive ways of reconciliation. At the very least, the Churches have a responsibility to work side by side in exposing misunderstandings, in removing the causes of gratuitous offence, and in learning to speak and hear the truth in love. ix X Introduction The Advisory Board, who sponsored and monitored the work, consists of concerned Christians from both islands anxious to initiate and maintain a constructive dialogue about our common problems based on our shared Christian perspective, but the Report in no way commits the Churches to which the members of the Advisory Board belong. I thank the members of the Advisory Board for the careful and patient way they discharged their mandate. The calibre of those who served on the Working Party should itself inspire confidence, and I pay tribute to the way they carried out a daunting and complex task. I warmly commend the result. The Working Party operated entirely independently. The text was edited under the auspices of the Working Party, and the Advisory Board was not asked to endorse the precise way the issues and conclusions were formulated. The Report is lengthy and complex, and deals with a wide range of important issues. Members of the Advisory Board naturally have their own ideas about many of these issues, some of which may diverge from what is contained in the Report as regards presentation or substance. The Advisory Board has now decided to authorize the publication of the Report, not because it provides definitive answers to the issues raised, but rather because it represents a useful contribution to the Christian dialogue to which we attach such importance. I hope that the Report will be received and read by people of goodwill in this spirit. Bishopthorpe, York JOHNEBOR July /987 Acknowledgements We owe a special debt of gratitude to our four consultants: Kevin Boyle, Anthony Lester, Mary Robinson, and Ben Whitaker. Many other people and organisations have been generous with their help, either by giving us factual information, discussing ideas with us, or in other ways. We thank, in particular, the Rev. Harold Allen, the Rev. Basil Arney, Amnesty International, the Rev. Robert Beresford, the Rt. Hon. David Bleakley, Kenneth Bloomfield, Paul Buxton, James Casey, Arthur Chapman, the Committee on the Administration of Justice, Jerome Connolly, John Coolahan, Robert Cooper, the Rev. Gabriel Daly, Donald David­ son, Noel Dorr, the Rev. Eric Elliott, Frances Elliott, the Friends Committee on National Legislation, John Fisher, David Goodall, Tom Hadden, Dr Jeremy Harbison, Kurt Herndl, Sara Huey, Carol Jackson, Sister Mary Kilpatrick, Jim Knox, Mgr George Leonard, B. G. McClelland, Alf McCreary, Alister McCullough, the Rev.
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