The integration of affirmative action and transitional justice in Northern Ireland: how an integrated approach might contribute to the eradication of housing inequality in Belfast

Abstract

This thesis investigates the justification for and application of affirmative action to address housing inequalities in post-conflict Belfast, as an illustrative case study, to determine how the transitional justice toolkit could be reimagined by integrating affirmative action as a mechanism to better confront the socio-economic dimensions of transition.

Confronting historical housing discrimination as a root cause and consequence of violent conflict in Northern Ireland (NI) has proven especially difficult and as a result the social housing sector is the site of increasingly pronounced inequalities. Nowhere are these inequalities more prominent than in the capital city of Belfast. As a principle rights issue in the city, seeking solutions for the new, existing and persistent housing inequalities that have significantly contributed to the current housing crisis is crucial. This thesis sets out a unique theoretical framework, drawing upon the theories of transformative justice, substantive equality and new social movements, to demonstrate that affirmative action could provide this solution by reorienting the field of transitional justice towards better understanding of, respect for, and responses to, the socio-economic needs of affected populations.

New empirical data from an in-depth comparative analysis of affirmative action in the US, South Africa and NI demonstrates how affirmative action, although typically overlooked by transitional justice scholars, is in fact a transitional practice. The use of affirmative action to confront socio-economic inequalities in these societies illustrates its capacity to offer a solution to the chronic inequalities which prevail in NI’s most politically, socially and physically divided sector. The research findings from this analysis demonstrate that affirmative action is a formidable mechanism to effectively confront socio-economic inequalities when it is thoughtfully and robustly justified, tailored, and applied to the particular context in which, and for whom, it is intended.

Under a holistic approach to justifying affirmative action this thesis contends that both backward looking and forward looking arguments for its implementation can be defended as necessary to address housing inequalities in NI. To tailor and apply affirmative action in the context of a highly sensitive social housing sector this thesis harnesses the theoretical and empirical findings to propose that legislative reform of Section 75 to mandate affirmative action alongside robust monitoring and enforcement processes; improved equality of opportunity guidance; and the implementation of a unique affirmative fairness approach to housing supply, allocation and choice, including outreach measures, could transform NI’s social housing sector.

Ultimately, this thesis seeks to illustrate the power of integrating affirmative action into the transitional justice toolkit for addressing socio-economic inequalities far beyond the borders of NI's most politically, socially, economically and spatially divided city.

Date of Award	Jun 2025
Original language	English
Sponsors	Department for the Economy
Supervisor	Anne Smith (Supervisor), Rory O'Connell (Supervisor) & Shauna Page (Supervisor)