Far-reaching rights bill planned for North

Radical proposals for what a Bill of Rights for Northern Ireland should contain were made today by the North's Human Rights Commission.

If enacted the recommendations would go considerably further than the current European Convention on Human Rights.

The proposals, made to Ulster Secretary Dr John Reid in preliminary form ahead of widespread public consultation, are wide-ranging and cover virtually all aspects of life in the North.

Professor Brice Dickson, the Chief Commissioner of the HRC, said it was an important day for everyone in Northern Ireland.

The provision of a Bill of Rights was one of the requirements of the Good Friday Agreement and Professor Dickson said with the publication of their proposals ‘‘we can all begin to believe that a legal system can at last be put in place which fully protects people against basic injustices.’’

He sent out the clear message on what he wanted to see emerge from the enactment of such a Bill.

‘‘We do not want a Bill of Rights to be a plaything of lawyers or politicians; we want it to become embedded in the fabric of society so that people can benefit from it in their daily lives and so that as often as possible problems can be prevented before they arise,’’ he said.

Addressing democratic rights the report proposed a right for elected representatives to fair, full and effective participation in governing Northern Ireland.

There should be a right to use proportional representation when electing people from Northern Ireland to the Westminster Parliament, the removal of restrictions which prevent people from standing for or voting in elections.

The Commission said it was not proposing specific rights for the two main communities but was suggesting that the rights of all communities should be protected on an equal basis.

It said there should be the right to ‘‘enjoy one’s culture, practice one’s religion and use one’s language, the right to be nomadic for Travellers and the right not to be treated as a member of a particular community if one does not want to be.’’

The Commission said there should be a general right to equality before and under the law, positive action measures to redress inequalities and freedom from both direct and indirect discrimination.

It added: ‘‘The proposed non-discrimination clause refers to grounds not currently protected under the European Convention, such as ethnic origin, age, marital or family status, residence, possession of a conviction, sexual orientation, parentage and disability.’’

The Commission also suggests outlawing harassment or bullying on any of those grounds.

The right to life should be strengthened by restricting the circumstances in which law enforcement officials can lawfully employ lethal force.

Several rights are proposed which expand upon the protections currently offered by the European Convention in the field of criminal justice.

Better and faster handling of detainees is recommended, as are the restoration of the right to silence and the right to jury trial, fairer trial procedures and improvements to the rights or prisoners and ex-prisoners.

With regard to victims, the Commission distinguishes between victims of the conflict to date in Northern Ireland and victims of future crimes.

The former should be entitled to the highest standards of social care and support and, where appropriate, acknowledgement of and redress for their loss.

For future victims of crime, the document proposed rights to respect, restitution, investigation and access to information and assistance during and after court proceedings.

Proposed rights regarding family life, private life and children include the right to the protection of personal data, the right to recognition of relationships outside marriage and the right to have the best interests of children given paramountcy.

As well as the adoption of the UN’s Convention on the Rights of the Child, the Commission said there should be more specific protections which reflected the needs of children in Northern Ireland.

Among those were the right to be protected from all forms of violence and exploitation, to be detained only in exceptional circumstances and to be made aware of their rights.

The age at which a child should not be liable for criminal penalties should be raised from ten to 12, they said.

At the launch of the consultative document at Belfast’s Waterfront Hall, Kevin Boyle, Professor of Human Rights Law at the University of Essex and a recently appointed senior advisor to the UN High Commissioner for Human Rights, said it was innovative, imaginative and forward-looking and should be welcomed by all.

He said it was based on the unarguable premise that a society based on an effective system of rights and responsibilities was much more likely to be peaceful and stable.

‘‘A divided society such as Northern Ireland, like others around the world, can only benefit from a far-reaching Bill of Rights,’’ he added.