Achieving equality: Anti-discrimination law in Northern Ireland after "Brexit"

Lead Research Organisation: Queen's University Belfast
Department Name: Research Finance Office

Abstract

This socio-legal project identifies opportunities and risks for anti-discrimination law in Northern Ireland (NI) emanating from the UK's withdrawal from the European Union ("Brexit"). It analyses the development of anti-discrimination law and policy in Northern Ireland with particular attention to the impact of EU anti-discrimination law and politics on the one hand, and the emergence of the Good Friday Agreement, also referred to as Belfast Agreement, of 1998 (1998 Agreement) and its implementation on the other hand.
The PhD is based on the assumption that anti-discrimination law in Northern Ireland is an essential element of achieving the aims of the 1998 agreement of overcoming inequalities on multiple bases, including gender, ethno-religious categorisation and citizenship. As anti-discrimination law in Northern Ireland was shaped by EU legislation, the first research objective is to identify the extent to which this task has in practice been fulfilled by implementing EU law, and as a consequent the extent to which "Brexit" will risk those achievements. The second objective is to develop recommendations on the future of anti-discrimination law in Northern Ireland, identifying opportunities as well as risks of the retreat of EU obligations. On the one hand, this retreat offers the opportunity of more open and parliamentary debate of anti-discrimination law in Northern Ireland, and on the other hand the new obligations under the withdrawal agreement entail the risk that the UK government seeks to retain the sole competence for anti-discrimination law without effective supervision by EU institutions.
Beyond Northern Ireland the PhD offers new insights into the potential of anti-discrimination law and policy for (i) enhancing socio-economic integration of areas divided by geographical borders, and (ii) to promote socio-economic development as well as peaceful inter-community relations. The project thus contributes to a socio-legal understanding of anti-discrimination law, European integration theory and the literature on the interrelation between equality and promotion of peace. It also contributes to reflections on "Brexit" as a process questioning the continued adherence to the rule of law in transnational relations.

Publications

10 25 50

Studentship Projects

Project Reference Relationship Related To Start End Student Name
ES/P000762/1 01/10/2017 30/09/2027
2444461 Studentship ES/P000762/1 01/10/2020 30/09/2024 Aislinn Fanning