"“Tread carefully” – the UK Parliament as a human rights “defender” within the Northern Ireland devolution framework."

In the UK, constitutional conventions established by devolution settlements maintain the functioning of devolution by affirming legislative competencies. Arguably, adherence to same by successive British Governments has impacted upon the human rights landscape; the invoking of the Sewel convention in this area was particularly apparent in the absence of action by successive NI Governments to comply with international standards.

This paper demonstrates the role of the UK Parliament in addressing identified human rights issues and compliance of the UK with obligations under international human rights law in the context of devolution. Focusing on the case study of the NI (Executive Formation) Act 2019, specifically the progress of the “Creasy amendment” implementing UN CEDAW Committee’s recommendations on abortion access in NI, it examines how Parliament navigated the Sewel convention vis-à-vis the May Government and considers whether a precedent for Parliamentary intervention to ensure the UK’s obligations under international law was introduced.