Table Of ContentHUMAN RIGHTS AND RESPONSIBILITIES IN
BRITAIN AND IRELAND
Also by Sydney D. Bailey
WAR AND CONSCIENCE IN THE NUCLEAR AGE
CHRISTIAN PERSPECTIVES ON NUCLEAR WEAPONS
HOW WARS END (2 vols)
THE MAKING OF RESOLUTION 242
THE PROCEDURE OF THE UN SECURITY COUNCIL
VOTING IN THE UN SECURITY COUNCIL
THE GENERAL ASSEMBLY OF THE UNITED NATIONS
THE SECRETARIAT OF THE UNITED NATIONS
A SHORT POLITICAL GUIDE TO THE UNITED NATIONS
BRITISH PARLIAMENTARY DEMOCRACY
CEYLON
PARLIAMENTARY GOVERNMENT IN SOUTHERN ASIA
NAISSANCE DE NOUVELLE DÉMOCRA TIES
PEACEFUL SETTLEMENTS OF INTERNATIONAL DISPUTES
Human Rights and
Responsibilities in
Britain and Ireland
A Christian Perspective
Edited by
Sydney D. Bailey
for the Project of the Churches on Human Rights and Responsibilities
in the United Kingdom and the Republic of Ireland
Foreword by
The Archbishop of York
M
MACMILLAN
PRESS
©Sydney D. Bailey 1988
Foreword© The Archbishop of York 1988
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First published 1988
Published by
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British Library Cataloguing in Publication Data
Human rights and responsibilities in Britain and
Ireland: a Christian perspective.
1. Human rights-Religious aspects-
Christianity 2. Human rights-British Isles.
I. Bailey, Sydney D. II. Project of the Churches
on Human Rights and Responsibilities in the United
Kingdom and the Republic of Ireland
261.7 BT738.15
ISBN 978-0-333-46074-0 ISBN 978-1-349-18940-3 (eBook)
DOI 10.1007/978-1-349-18940-3
Contents
Foreword by the Archbishop of York, Dr John Habgood IX
Acknowledgements xi
Project of the Churches on Human Rights and
Responsibilities in the United Kingdom and the
Republic of Ireland xu
Notes on Members of the Working Party and Consultants xiv
Introduction 1
Background to the Report 1
Some definitions 4
Organisation of the Project 8
1 Rights and Responsibilities in Christian Ethics 12
History of the human rights concept 12
A theological basis for human rights 13
Philosophical objections 19
Dangers of language 21
'The justice which God requires' 22
2 Rights and Responsibilities in International Law 27
National sovereignty 27
A legal revolution 28
The Christian dimension 30
Individual responsibility 31
The international human rights treaties 32
Remedies for violations 34
Incorporation of human rights treaties into
domestic law 37
3 Majorities and Minorities 45
The tyranny of the majority 45
Morality, religion, and law 48
Integration or separate identities? 52
'Self-determination of peoples' 54
Territorial integrity 55
Minority rights 57
Some recent trends 58
Mechanisms for protection of minorities 60
v
vi Contents
4 Northern Ireland: A Special Case? 67
Northern Ireland in context 67
Historical background 71
Solutions and initiatives 75
The economic dimension 82
Responsibilities reviewed 85
5 Law and Constitution in These Islands 92
The role of law 92
Four legal systems 93
Constitutions 94
Legal protection for human rights in the United
Kingdom 97
Northern Ireland 100
The Republic of Ireland 106
6 The Protection of Minority Rights 118
Cultural identity 120
The family 121
Education 126
Religion and the Churches 134
Political representation 135
Statutory agencies concerned with human rights 137
The need for consistency and coherence 143
7 The Responses of Christians to the Conflict in
Northern Ireland 147
The witness of individual Christians 151
The role of the Churches 153
Challenges 160
8 Political Violence and the Rule of Law 164
Terrorism and counter-terrorism 164
States of emergency 168
Proscribed organisations 170
Exclusion orders 171
The security forces 172
Riots 174
The courts 177
Prisoners 181
Finding the right balance 185
Contents vii
9 Towards Peaceful Coexistence 188
The Churches 191
Grievances removed 194
10 Your Rights are my Responsibility 196
The responsibilities of governments 197
Northern Ireland: a special case? 198
Constitutional status 199
The responsibilities of individuals, and of their
associations 200
The responsibilities of the Churches 202
Responsibility for security 203
A bridge for the future? 204
Appendices
1 The European Convention on Human Rights
and Domestic Law 210
2 How an Individual may bring Proceedings in
Strasbourg 214
3 UN Declaration on Elimination of Intolerance
and Discrimination based on Religion or Belief 217
4 The Anglo-Irish Agreement 1985 220
5 Conclusions of the Inter-Church Report Violence
in Ireland 226
Suggestions for Further Reading 228
Income and Expenditure Accounts for the Project
September 1984-May 1987 232
Financial Contributions towards the Project 233
Index 234
Foreword
Issues concerning majority and minority rights and responsibilities
underlie much of the political conflict in today's world. Where social
and political differences are correlated with differences in religious
allegiance, the conflicts become peculiarly intractable. It is a sad fact
that many of the most violent conflicts and outrages have a strongly
religious dimension.
The theme of this book, therefore, has a wider relevance than its
title might imply. The special problems of Britain and Ireland may
owe much to particular historical events, some of which lie buried
though certainly not dead - in the distant past. They may also reflect
some of the national characteristics of the British and Irish people.
The religious dimension may have features which are peculiar to
Ireland. But the problems also conform to more general patterns of
conflict and can serve to illustrate more general principles. Indeed, a
simple recognition that such patterns of conflict are not all that
uncommon may in itself be a help in reducing some of the animus.
And the converse also follows. Any serious attempt to understand
the problems in one place, and to search for meeting points, may
have unexpected spin-offs elsewhere.
It was the hope of those who first conceived the Project that the
effort of standing back and looking in general terms at human rights
and responsibilities might help to provide a common starting point
and a common language in which old issues might be tackled afresh.
Inevitably, though, the Project grew, the authors found themselves
forced to deal with particularities as well as with generalities, and also
to provide more background information than was originally in
tended. The result is a wide-ranging study which I believe could do
much to increase understanding between separated cpmmunities, as
well as inform and stimulate many who may not at the moment feel
that the problems belong to all of us who live in these islands.
The fact that this is 'a Christian perspective' is central to the book.
I have already made the point that religion can exacerbate conflict. It
also holds the key to finding constructive ways of reconciliation. At
the very least, the Churches have a responsibility to work side by side
in exposing misunderstandings, in removing the causes of gratuitous
offence, and in learning to speak and hear the truth in love.
ix
Introduction
X
The Advisory Board, who sponsored and monitored the work,
consists of concerned Christians from both islands anxious to initiate
and maintain a constructive dialogue about our common problems
based on our shared Christian perspective, but the Report in no way
commits the Churches to which the members of the Advisory Board
belong. I thank the members of the Advisory Board for the careful
and patient way they discharged their mandate.
The calibre of those who served on the Working Party should itself
inspire confidence, and I pay tribute to the way they carried out a
daunting and complex task. I warmly commend the result.
The Working Party operated entirely independently. The text was
edited under the auspices of the Working Party, and the Advisory
Board was not asked to endorse the precise way the issues and
conclusions were formulated. The Report is lengthy and complex,
and deals with a wide range of important issues. Members of the
Advisory Board naturally have their own ideas about many of these
issues, some of which may diverge from what is contained in the
Report as regards presentation or substance. The Advisory Board
has now decided to authorize the publication of the Report, not
because it provides definitive answers to the issues raised, but rather
because it represents a useful contribution to the Christian dialogue
to which we attach such importance.
I hope that the Report will be received and read by people of
goodwill in this spirit.
Bishopthorpe, York JOHNEBOR
July /987
