The Windsor Framework, Article 2: Institutional and Substantive Aspects

The School of Law, Ulster University and Phoenix Law are organising a seminar on 16 January 2025 on Ulster University's Belfast Campus to examine the institutional and substantive legal aspects of Article 2 of the Windsor Framework.

Article 2 of the Windsor Framework is a short article but has important implications for rights and equality in this jurisdiction. It reads:

ARTICLE 2 WF

Rights of individuals

1. The United Kingdom shall ensure that no diminution of rights, safeguards or equality of opportunity, as set out in that part of the 1998 Agreement entitled Rights, Safeguards and Equality of Opportunity results from its withdrawal from the Union, including in the area of protection against discrimination, as enshrined in the provisions of Union law listed in Annex 1 to this Protocol, and shall implement this paragraph through dedicated mechanisms.
2. The United Kingdom shall continue to facilitate the related work of the institutions and bodies set up pursuant to the 1998 Agreement, including the Northern Ireland Human Rights Commission, the Equality Commission for Northern Ireland and the Joint Committee of representatives of the Human Rights Commissions of Northern Ireland and Ireland, in upholding human rights and equality standards.

The seminar will have two panels, each of which will include an overview on developments, followed by short presentations on selected aspects and discussion.

Panel 1

Panel 1 will explore the institutional aspects and in particular the case law developments and the role of the Equality Commission for Northern Ireland and the Northern Ireland Human Rights Commission as the ‘dedicated mechanisms’ specified for the purposes of Article 2(1).

Panel 2

Panel 2 will explore in more detail the perspective of those involved in Article 2 litigation or potential litigation and will cover specific areas of the law including immigration and employment.

Confirmed participants include:

• Lord Justice McCloskey
• Prof Rory O’Connell, Ulster
• Mr Justice Kinney
• Alyson Kilpatrick, NIHRC Chief Commissioner
• Geraldine McGahey, ECNI Chief Commissioner
• Jude Bunting KC
• John Larkin KC
• Darragh Mackin, Phoenix Law
• Sinead Marmion, Phoenix Law
• Dr Gillian Kane, Ulster
• Dr Esther McGuinness, Head of School, Ulster

Buffet lunch provided from 13:00-13:30