Title of Project :
Using Bills of Rights to protect ‘meaningful’ Equality: Lessons for Northern Ireland from South Africa and Canada
Project Description : The thesis examines how law can be used as a tool to deliver ‘meaningful’ equality. Specifically, it looks at how Bills of Rights have been used as a popular paradigm to achieve this elusive goal. Drawing upon the experience from South Africa and Canada, who have included a Bill of Rights as part of their constitution, the thesis hopes to draw out a number of lessons for the Bill of Rights debate in Northern Ireland.
The thesis argues that ‘meaningful’ equality requires incorporating a broad concept of equality in a Bill of Rights, most notably ‘substantive’ equality as opposed to ‘formal’ equality. I describe four specific aims of substantive equality which are borrowed from Sandra Fredman. These are breaking the cycle of disadvantage associated with out groups; promote respect for the equal dignity and worth of all; positive affirmation of identity within a community; and facilitating full participation in society.
The thesis then examines to what extent a Bill of Rights helps or hinders in delivering these aims which are not mutually exclusive. This is usefully explored through the particular prism of an constitutional equality provision to test whether a Bill of Rights can deliver the four aims of substantive equality. This necessitates a discussion of a Bill of Rights on two main levels. The first level examines the process of how the equality provision was adopted, the manner in which it was created, the method by which the equality provisions were written and the compromises that were achieved. The second level looks at how the equality provision has been interpreted by the judiciary, as one of the inherent consequences of a Bill of Rights is the handing over of power from elected representatives to the judicial branch. Therefore, regarding the second level, the ability of a Bill of Rights to deliver substantive equality, is dependent on whether courts adopt a liberal and purposive approach or a literal and legalistic approach.
By viewing a Bill of Rights on both these levels and through the particular lens of a constitutional equality provision, the thesis offers a more nuanced and contemporary understanding of the capability of a Bill of Rights to deliver ‘meaningful equality’. Defining Bills of Rights as a process and a forum for negotiation rather than simply viewing it as a ‘constraining’ mechanism imposed from the elite , draws attention to the distinctive characteristics to the modern understanding of the different ways Bills of Rights can help deliver substantive equality.
Other Information :
Education and Work Experience
In 1998 Anne graduated first in her year with a B.A Hons in Law and Government at the University of Ulster. In 1999 at the same university, she was awarded the degree of LLM in European Law. Having lectured part-time at the University of Ulster from February to June 2000, she began her PhD in the field of human rights and equality law before moving to Queen’s University Belfast in April 2001. There she occupied posts as the Human Rights Training Officer and as a Research Associate. As the Human Rights Training Officer, Anne provided and delivered training sessions to the public sector on the Human Rights Act and continues to provide consultancy work in this area. As a Research Associate, she was involved in a major research project entitled ‘Evaluating the Effectiveness of National Human Rights Institutions: The Northern Ireland Human Rights Commission, With Comparisons from South Africa’, January 2005.
In 2004 Anne moved to the Transitional Justice Institute, University of Ulster, where she was appointed lecturer. She teaches Public International law at undergraduate level and International Human Rights Law at postgraduate level.
Publications
‘The Unique Position of National Human Rights Institutions: A Mixed Blessing?’(2006) HRQ (forthcoming)
‘Access to Intervene: The Northern Ireland Human Rights Commission and the Northern Ireland Act 1998’ [2003] 4 EHRLR 423
‘The Drafting Process of a Bill of Rights for Northern Ireland’ (2004) PL 526
Reports
Stephen Livingstone, Rachel Murray with Anne Smith ‘Evaluating the Effectiveness of National Human Rights Institutions: The Northern Ireland Human Rights Commission, With Comparisons from South Africa’, (2005)
Other articles : Working Papers
Eithne McLaughlin and Anne Smith, ‘Building Equality and Social Justice through Constitutional Provisions: Equality Mainstreaming and the Bill of Rights in the 1998 Good Friday Agreement’ (2006) Equality and Social Inclusion in Ireland Project, Working Paper No.15, < http://www.qub.ac.uk/sites/EqualitySocialInclusionInIreland-HomePage/ProjectPublications/>
Conference presentations
I have participated in a number of conferences as a presenter and chair:
National Human Rights Institutions, Effective or Just Existing? British Council and Human Rights Centre, October 2003;
Building Equality and Social Justice through Constitutional Provisions: Equality Mainstreaming and the Bill of Rights in the 1998 Good Friday Agreement’ joint paper with Professor Eithne McLaughlin at a Multi-disciplinary International Conference, February 2006
Confidentiality & the Human Rights Act paper to the Northern Health Social Services Board, June 2003;
The role of the Northern Ireland Human Rights Commission and the Human Rights Act paper to the Prison Officers’ Association, January 2002;
The role of the Northern Ireland Human Rights Commission and the Bill of Rights, Social and Economic Rights paper to the Ulster People’s College, February 2002;
The legal framework of the Bill of Rights and links with equality legislation paper to the AIDS Helpline Conference on “Human Rights and HIV”, November 2001;
The Introduction to the Bill of Rights: Social and Economic Rights paperto the Association Independent Advice Centre’s Annual Conference, December 2001;
The Introduction to the Bill of Rights: Social and Economic Rights paperto the Association Independent Advice Centre’s Annual Conference, December 2001.
Membership of professional associations
Anne is a member of the Committee on the Administration of Justice, the British Association for Canadian Studies and Associate Member of the Equality and Social Inclusion in Ireland project.
If you would like to learn more about how we can help further your studies and career opportunities, please contact us.
Name : Anne Smith
E-mail Address : a.smith1@ulster.ac.uk
Tel No : +44 (0) 28 71375154
Mode of Study : Part time
Expected Completion Date : September 2006
Supervisor(s) : Professor Christine Bell (TJI) and Ms Mary O’Rawe (TJI)
Title of Project : Using Bills of Rights to protect ‘meaningful’ Equality: Lessons for Northern Ireland from South Africa and Canada
Project Description : The thesis examines how law can be used as a tool to deliver ‘meaningful’ equality. Specifically, it looks at how Bills of Rights have been used as a popular paradigm to achieve this elusive goal. Drawing upon the experience from South Africa and Canada, who have included a Bill of Rights as part of their constitution, the thesis hopes to draw out a number of lessons for the Bill of Rights debate in Northern Ireland.
The thesis argues that ‘meaningful’ equality requires incorporating a broad concept of equality in a Bill of Rights, most notably ‘substantive’ equality as opposed to ‘formal’ equality. I describe four specific aims of substantive equality which are borrowed from Sandra Fredman. These are breaking the cycle of disadvantage associated with out groups; promote respect for the equal dignity and worth of all; positive affirmation of identity within a community; and facilitating full participation in society.
The thesis then examines to what extent a Bill of Rights helps or hinders in delivering these aims which are not mutually exclusive. This is usefully explored through the particular prism of an constitutional equality provision to test whether a Bill of Rights can deliver the four aims of substantive equality. This necessitates a discussion of a Bill of Rights on two main levels. The first level examines the process of how the equality provision was adopted, the manner in which it was created, the method by which the equality provisions were written and the compromises that were achieved. The second level looks at how the equality provision has been interpreted by the judiciary, as one of the inherent consequences of a Bill of Rights is the handing over of power from elected representatives to the judicial branch. Therefore, regarding the second level, the ability of a Bill of Rights to deliver substantive equality, is dependent on whether courts adopt a liberal and purposive approach or a literal and legalistic approach.
By viewing a Bill of Rights on both these levels and through the particular lens of a constitutional equality provision, the thesis offers a more nuanced and contemporary understanding of the capability of a Bill of Rights to deliver ‘meaningful equality’. Defining Bills of Rights as a process and a forum for negotiation rather than simply viewing it as a ‘constraining’ mechanism imposed from the elite , draws attention to the distinctive characteristics to the modern understanding of the different ways Bills of Rights can help deliver substantive equality.
Other Information :
Education and Work Experience
In 1998 Anne graduated first in her year with a B.A Hons in Law and Government at the University of Ulster. In 1999 at the same university, she was awarded the degree of LLM in European Law. Having lectured part-time at the University of Ulster from February to June 2000, she began her PhD in the field of human rights and equality law before moving to Queen’s University Belfast in April 2001. There she occupied posts as the Human Rights Training Officer and as a Research Associate. As the Human Rights Training Officer, Anne provided and delivered training sessions to the public sector on the Human Rights Act and continues to provide consultancy work in this area. As a Research Associate, she was involved in a major research project entitled ‘Evaluating the Effectiveness of National Human Rights Institutions: The Northern Ireland Human Rights Commission, With Comparisons from South Africa’, January 2005.
In 2004 Anne moved to the Transitional Justice Institute, University of Ulster, where she was appointed lecturer. She teaches Public International law at undergraduate level and International Human Rights Law at postgraduate level.
Publications
‘The Unique Position of National Human Rights Institutions: A Mixed Blessing?’(2006) HRQ (forthcoming)
‘Access to Intervene: The Northern Ireland Human Rights Commission and the Northern Ireland Act 1998’ [2003] 4 EHRLR 423
‘The Drafting Process of a Bill of Rights for Northern Ireland’ (2004) PL 526
Reports
Stephen Livingstone, Rachel Murray with Anne Smith ‘Evaluating the Effectiveness of National Human Rights Institutions: The Northern Ireland Human Rights Commission, With Comparisons from South Africa’, (2005)
Other articles : Working Papers
Eithne McLaughlin and Anne Smith, ‘Building Equality and Social Justice through Constitutional Provisions: Equality Mainstreaming and the Bill of Rights in the 1998 Good Friday Agreement’ (2006) Equality and Social Inclusion in Ireland Project, Working Paper No.15, < http://www.qub.ac.uk/sites/EqualitySocialInclusionInIreland-HomePage/ProjectPublications/>
Conference presentations
I have participated in a number of conferences as a presenter and chair:
Membership of professional associations
Anne is a member of the Committee on the Administration of Justice, the British Association for Canadian Studies and Associate Member of the Equality and Social Inclusion in Ireland project.
If you would like to learn more about how we can help further your studies and career opportunities, please contact us.