This independent research report titled ‘The Environment, Human Rights and the Windsor Framework’ was commissioned by the Northern Ireland Human Rights Commission and authored by Dr Ciara Brennan, Dr Mary Dobbs, Dr Orla Kelleher, Ms Alison Hough BL and Dr Lisa Claire Whitten.
The report examines the relationship between Article 2 of the Windsor Framework, which deals with the rights of individuals, and environmental protections. It does so in light of the 1998 Belfast ‘Good Friday’ Agreement, which is central to understanding Article 2.
More specifically, this report considers two main questions:
1) Whether and to what extent does Windsor Framework Article 2
provide meaningful protection of environmental human rights and of
other human rights that could be used to protect the environment?
2) Does evidence exist which indicates that Article 2 protections may be
triggered2 (now or in the foreseeable future) in an environmental context?
Article 2 of the Windsor Framework requires the United Kingdom (UK) Government to ensure that no diminution of the rights, safeguards and equality protections contained in the relevant part of the Belfast (Good Friday) Agreement 1998 occurs as a result of the UK’s withdrawal from the European Union (EU).
A safe, clean and healthy environment has been recognised by the European Court of Human Rights as essential to the full enjoyment of human rights. In NI, human rights and the environment interact in a complex interplay of international and domestic human rights frameworks and environmental protections through international, national and devolved governance.
In this report, Brennan et al reflect on the established link between human rights and the environment and identify some of the ways in which EU environmental law interacts with the Rights, Safeguards and Equality of Opportunity section of the Belfast (Good Friday) Agreement.
The ‘Environment, Human Rights and the Windsor Framework’ independent report makes an argument that the Rights, Safeguards and Equality of Opportunity chapter of the Belfast (Good Friday) Agreement should be understood as dependent on a range of environmental protections and safeguards required to realise the commitments set out in it.
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