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.

Article 2

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 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.

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

Title

Published

Rights, Safeguards and Equality of Opportunity in the Ireland/Northern Ireland Protocol: The Dedicated Mechanism
In December 2019, a new Ireland/Northern Ireland Protocol was presented to the European Council in the context of the withdrawal of the UK from the European Union. The Protocol was intended to seek a solution to reconcile the different interests associated with the unique position of Ireland and Northern Ireland. This Note briefly summarises the role of the dedicated mechanism for monitoring the implementation of Article 2 of the Protocol.

 26.10.20