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Quoted By: >>1515522
How a Troubles ruling could impact court's definition of a woman
https://www.bbc.com/news/articles/cm2pz4r4kk8o
tld;dr
Something happened in Bongland; troons seething.
A recent ruling by the Supreme Court has made it harder to use Northern Ireland's Brexit deal to bring human rights challenges against the government.
The case concerned the last Conservative government's plan to allow immunity for some Troubles-related crimes.
The Labour government dropped that plan, but still wanted the court to clarify the scope of the human rights aspect of the Brexit deal. The government won a partial victory which could have a much wider impact.
It is likely to be significant in deciding whether the 2025 Supreme Court ruling on the definition of a woman applies in Northern Ireland in the way it does in the rest of the UK.
What has the NI Brexit deal got to do with human rights?
The deal, known as the Windsor Framework, is mostly about trade but also includes an important human rights element.
Article 2 of the framework commits the UK not to water down human rights provisions, underpinned by EU law, that flow from the Good Friday Agreement.
It means a citizen's rights in NI which are derived from EU law should not be diminished as a result of the UK's withdrawal from the EU.
Since Article 2 came into effect in 2021 it has featured in Northern Ireland court cases tackling some of the most controversial areas of public policy: abortion, immigration and the legacy of the Troubles.
What has its impact been?
It has been significant, particularly since 2024 when the High Court in Belfast ruled Article 2 has "direct effect".
That means that individuals can use Article 2 in the UK courts to challenge and potentially dis-apply, or strike-down, UK laws.
Meandering bloviation continues...
https://www.bbc.com/news/articles/cm2pz4r4kk8o
tld;dr
Something happened in Bongland; troons seething.
A recent ruling by the Supreme Court has made it harder to use Northern Ireland's Brexit deal to bring human rights challenges against the government.
The case concerned the last Conservative government's plan to allow immunity for some Troubles-related crimes.
The Labour government dropped that plan, but still wanted the court to clarify the scope of the human rights aspect of the Brexit deal. The government won a partial victory which could have a much wider impact.
It is likely to be significant in deciding whether the 2025 Supreme Court ruling on the definition of a woman applies in Northern Ireland in the way it does in the rest of the UK.
What has the NI Brexit deal got to do with human rights?
The deal, known as the Windsor Framework, is mostly about trade but also includes an important human rights element.
Article 2 of the framework commits the UK not to water down human rights provisions, underpinned by EU law, that flow from the Good Friday Agreement.
It means a citizen's rights in NI which are derived from EU law should not be diminished as a result of the UK's withdrawal from the EU.
Since Article 2 came into effect in 2021 it has featured in Northern Ireland court cases tackling some of the most controversial areas of public policy: abortion, immigration and the legacy of the Troubles.
What has its impact been?
It has been significant, particularly since 2024 when the High Court in Belfast ruled Article 2 has "direct effect".
That means that individuals can use Article 2 in the UK courts to challenge and potentially dis-apply, or strike-down, UK laws.
Meandering bloviation continues...
