Professor Monica McWilliams
reflecting the principles of mutual respect for the
R
Y
identity and ethos of both communities, together
A with the rights that are already in the European
N
Convention on Human Rights, would then
constitute the new Bill of Rights for Northern
Ireland. The commission handed their advice on

P
L
E
a Bill of Rights to the Secretary of State on 10
G December 2008.
I
N
Monica emphasised the importance of
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consultation and the Commission’s commitment
R
to deliberative democracy: the notion that
O
democratic engagement should engage
ordinary people and civic society organisations
M
in an informative and reflective process. She
supported the UK Joint Committee on Human
Rights’ recommendation that should there be a
future UK Bill of Rights, the same consultation
process should be at its heart.
Monica cautioned that “civil society cannot be
expected to [participate] on its own.” Leaving
deliberation as an organic process would risk
only hearing those best placed or best resourced
to articulate their views. “In order for civil society
activism to play its full part in the public and
that: “for human rights to be real [...] they must political debate, Government has to some extent
be owned and understood by all”. act as a facilitator.”
Monica emphasised that civil society activism Warning that “you don’t arrive at consensus,
is essential in a democracy. She argued that a you build it,” she discussed the methods of
sustainable framework for this is necessary to building consensus on a Bill of Rights across
ensure human rights protections, the support of Northern Ireland and noted the depth of “the
judges, and political willingness to engage with level at which we have to engage, in terms
the issues at hand. of getting people to understand this abstract
In the UK the leading force for change has Bill.” In Northern Ireland, eleven sectors were
tended to come from outside the judiciary and represented in the consultation (including trade
institutions of government, often in the form unions, churches, business leaders, disabled
of sustained pressure from organised rights people, women and victims); taking their seats
advocates and popular movements. Northern alongside delegates from each of the main
Ireland is another example of a strong and political parties.
developed civil society at the forefront of There was an inevitable diversity of opinion
demands for better human rights protections. on what would be in a Bill of Rights, “but
However, even here, challenges arise. For most people accepted that it was finally time
example, identification of human rights structures in Northern Ireland to build and reshape a
with one particular community or section of better future for our people”. For example,
society often presents an obstacle to gaining the Catholic Church and the Unionists were
broader support for necessary changes. able to cooperate on the controversial issue of
The process of consultation for the Bill of reproductive rights.
Rights in Northern Ireland, has made every effort Monica was encouraged that both the Joint
towards inclusion and participation of wider Committee on Human Rights and the UK
society. Under the Good Friday Agreement, the Government agree that having a Bill of Rights at
Human Rights Commission for Northern Ireland both national and devolved levels is desirable.
was given a mandate to consult and advise “The process in Northern Ireland has shown
on the scope for legislative rights that would that it is precisely because of our past and our
8 reflect the particular circumstances of Northern particular circumstances that we needed these
Ireland, drawing on international instruments extra protections so that people in Northern
and experience as appropriate. These rights, Ireland could feel safe and secure, and could start
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