Rights of Individuals
Article 2 sets out the UK Government’s commitment that there will be no diminution of rights as a result of the UK leaving the EU.
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Article 2 Rights of individuals
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The obligation to ensure no diminution of rights extends to those protections against discrimination enshrined in the EU Directives listed in Annex 1 to the Protocol, as amended or replaced. The effect of this is that domestic legislation implementing these responsibilities will need to be amended as the EU Directives evolve.
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PROVISIONS OF UNION LAW REFERRED TO IN ARTICLE 2(1)
Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security |
A UK government explainer further states, however, that ‘It should be noted that the directives in Annex 1, which have a future-facing dimension, represent only a subset of the protections in scope of the wider ‘no diminution’ commitment’.
These government commitments have been given effect in UK domestic law in the European Union (Withdrawal Agreement) Act 2020, which establishes a ‘dedicated mechanism’ for the implementation of these provisions and ensures that individuals can challenge alleged breaches of the commitment set out in Article 2(1) before the domestic courts.
Schedule 3 of the European Union (Withdrawal Agreement) Act 2020 confers new functions on both the Equality Commission Northern Ireland and the Northern Ireland Human Rights Commission to enable each to act as part of the ‘dedicated mechanism’ to monitor, advise, report on and enforce the UK’s adherence to its commitment that there will be no diminution of rights, safeguards or equality of opportunity in Northern Ireland as a result of the UK’s exit from the EU.
Related RaISe Briefings
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Title |
Published |
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Rights, Safeguards and Equality of Opportunity in the Ireland/Northern Ireland Protocol: The Dedicated Mechanism |
26.10.20 |
