The Windsor Framework, Article 2: Institutional and Substantive Aspects
The School of Law, Ulster University and Phoenix Law organised a seminar on 16 January 2025 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:
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 consisted of two panels.
Panel 1 explored 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 explored in more detail the perspective of those involved in Article 2 litigation or potential litigation and covered specific areas of the law including immigration.
Speakers and chairs included:
- Lord Justice McCloskey
- Mr Justice Kinney, Judge-in-residence
- Geraldine McGahey, ECNI Chief Commissioner
- Alyson Kilpatrick, NIHRC Chief Commissioner
- Jude Bunting KC
- Sinead Marmion, Phoenix Law
- Dr Gillian Kane, Ulster
- Dr Esther McGuinness, Head of School, Ulster
- Prof Rory O’Connell, Ulster
Approximately 80 participants from the legal professions, academia, public sector and civil society attended the seminar.
The event was organised by Dr McGuinness and Prof O'Connell, Darragh Mackin (Phoenix) and Sinead Marmion (Phoenix).