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The Northern Ireland ConflictConsociational Engagements$
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John McGarry and Brendan O'Leary

Print publication date: 2004

Print ISBN-13: 9780199266579

Published to Oxford Scholarship Online: August 2004

DOI: 10.1093/0199266573.001.0001

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The Protection of Human Rights under the Belfast Agreement

The Protection of Human Rights under the Belfast Agreement

(p.352) 12 The Protection of Human Rights under the Belfast Agreement
The Northern Ireland Conflict

John McGarry (Contributor Webpage)

Brendan O'Leary (Contributor Webpage)

Oxford University Press

The chapter addresses a fundamental aspect of Northern Ireland's Agreement: the need to institutionalise rights protections. While a Bill of Rights should uphold traditional liberal norms of freedom and individual equality, an appropriately designed Bill also needs to entrench the basic political compromise at the heart of the Agreement. It should protect (or at least not endanger) the principles of inclusive power-sharing; proportionality; community self-government; the equality of groups; and community veto rights. It should also uphold the right of the current national minority and any future minority to meaningful cross-border arrangements, making explicit the ‘double protection model’ implicit in the Agreement.

Keywords:   consociation, double protection, general equality, proportionality, community self-government, community equality, veto rights, consensual participation rights, confederal rights

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