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The 2015 Annual Statement 2015

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The 2015 Annual Statement 2015 The 2015 Annual Statement The 2015 Annual Statement Human Rights in Northern Ireland Protecting and promoting your rights Contact us If you would like to know more about the work of the Commission, or any of the services we provide, please contact us. Northern Ireland Human Rights Commission Temple Court 39 North Street Belfast Northern Ireland Human Rights Commission Northern Ireland BT1 1NA Telephone: +44 (0) 28 9024 3987 Textphone: +44 (0) 28 9024 9066 SMS Text: +44 (0) 7786 202075 Fax: +44 (0) 28 9024 7844 Email: [email protected] www.nihrc.org ISBN 978-1-911003-11-3 Follow us on: 9 781911 003113 2015 2015 Human Rights in Northern Ireland 2015 The 2015 Annual Statement The 2015 Annual Statement Human Rights in Northern Ireland 2015 1 Human Rights in Northern Ireland 2015 About us The NI Human Rights Commission (the Commission) protects and promotes the human rights of everyone in Northern Ireland (NI). We do this by: • keeping under review the adequacy and effectiveness in NI of law and practice relating to the The 2015 Annual Statement protection of human rights; • advising the Secretary of State for NI and the Executive Committee of the NI Assembly of legislative and other measures which ought to be taken to protect human rights; • advising the NI Assembly whether proposed legislation is compatible with human rights standards; • promoting understanding and awareness of the importance of human rights in NI by, for example, undertaking or commissioning or otherwise assisting research and educational activities. In addition, the Commission has powers to: • give assistance to individuals who apply to it for help in relation to proceedings involving law or practice concerning the protection of human rights; • bring proceedings involving law or practice concerning the protection of human rights; • institute, or intervene in, legal proceedings concerning human rights where it need not be a victim or potential victim of the unlawful act to which the proceedings relate; • conduct investigations, and; require a person to provide information and documents in their possession, and to give oral evidence, in respect of an investigation; • enter a specified place of detention in NI, in respect of an investigation, and; • publish its advice and the outcome of its research and investigations. Our mission statement The Commission champions the human rights of those who live in NI. The Commission is NI’s human rights guardian and centre of excellence. It holds to account and works in partnership with Government, elected representatives, statutory organisations and civil society. The Commission, established on the basis of the Belfast (Good Friday) Agreement, plays a central role in shaping a society that, as it emerges from conflict, respects the Universal Declaration of Human Rights by upholding human rights and responsibilities. Chief Commissioner: Les Allamby Commissioners: Christine Collins John Corey Milton Kerr QPM Grainia Long Alan McBride Marion Reynolds MBE Paul Yam MBE Director: Virginia McVea Deputy Director: Dr David Russell 2 Human Rights in Northern Ireland 2015 The 2015 Annual Statement Acronyms CFREU Charter of Fundamental Rights of the European Union CAT Convention Against Torture, Inhuman or Degrading Treatment or Punishment CERD Convention on the Elimination of All Forms of Racial Discrimination CEDAW Convention on the Elimination of Discrimination Against Women COMEX Committee of Experts for the European Charter for Regional or Minority Languages CRPD Convention on the Rights of Disabled Persons DCAL Department for Culture Arts and Leisure DENI Department of Education NI DOE Department of the Environment DFP Department of Finance and Personnel DHSSPS Department of Health, Social Services and Public Safety DOJ Department of Justice DSD Department of Social Development ECHR European Convention on Human Rights ECt.HR European Court of Human Rights ECNI Equality Commission Northern Ireland ESC European Social Charter FCNM Framework Convention for the Protection of National Minorities HRA Human Rights Act HSC Health and Social Care ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic, Social and Cultural Rights, INLA Irish National Liberation Army IRA Irish Republican Army MOJ Ministry of Justice NCA National Crime Agency NGO Non Governmental Organisation NHRI National Human Rights Institution NI Northern Ireland NIO Northern Ireland Office NICCY Northern Ireland Commissioner for Children and Young People OFMDFM Office of the First Minister and Deputy First Minister OHCHR Office of the High Commissioner for Human Rights PACE Police and Criminal Evidence Act PSNI Police Service of Northern Ireland RHC Red Hand Commando UDA Ulster Defence Association UFF Ulster Freedom Fighters UK United Kingdom UN United Nations UVF Ulster Volunteer Force 3 Human Rights in Northern Ireland 2015 Contents Foreword ......................................................................................................................7 Understanding the annual statement ..........................................................................8 Chapter 1 Introduction .................................................................................................9 The 2015 Annual Statement Chapter 2 Substantive rights and issues ..................................................................11 Equality and non-discrimination ........................................................................................... 11 Consolidating, strengthening and clarifying equality protections ................................................................. 11 Intersectional multiple discrimination .......................................................................................................... 11 Age discrimination ...................................................................................................................................... 12 Sectarianism ............................................................................................................................................... 12 Racial equality strategy ............................................................................................................................... 12 Racist hate crimes ...................................................................................................................................... 13 Religious tolerance ..................................................................................................................................... 14 Gender equality strategy ............................................................................................................................. 15 Persons with disabilities ............................................................................................................................. 16 Extension of civil marriage to same sex couples ......................................................................................... 17 Eligibility to donate blood ............................................................................................................................ 17 Right to life ........................................................................................................................... 19 Conflict related deaths: transitional justice and individual cases ................................................................. 19 Legacy inquests and inquiries .................................................................................................................... 22 Inquiries Act 2005 ...................................................................................................................................... 23 On the Runs: Administrative Scheme ......................................................................................................... 24 Rule of law: non-state actors ...................................................................................................................... 25 Investigations of deaths in custody ............................................................................................................. 27 Right to liberty and security of the person ........................................................................... 28 Alternatives to imprisonment ..................................................................................................................... 28 Imprisonment for fine default ...................................................................................................................... 29 Women in prison ........................................................................................................................................ 29 Imprisonment of children with adults .......................................................................................................... 30 The remand of children ............................................................................................................................... 30 Definition of terrorism ................................................................................................................................. 31 Powers of arrest under the Terrorism Act 2000 .......................................................................................... 32 Freedom from torture, inhuman and degrading treatment .................................................. 33 Prison review and conditions .....................................................................................................................
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