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Human Rights in the Republic of Ireland

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Human Rights: Realities and Possibilities

Abstract

The 1984 New Ireland Forum Report, drawn up by the three main nationalist parties in the Republic of Ireland plus the leading nationalist party in the North, lays responsibility for the discrimination, repression and violence suffered by successive generations in Northern Ireland on the arbitrary division of Ireland by the British parliament in 1920.2 While this assessment is in a narrow sense historically valid, it fails to face up to the nature of the problems which the Sinn Fein government in Dublin would have encountered if its fervently desired outcome of a British handover of the whole of Ireland had been acceded to. Politically, of course, no such outcome was possible given Conservative Party domination of government and parliament in Britain, and their identification with the Protestant majority in the North. Irish politicians may reasonably choose to present an analysis of the current problem of Ireland derived from a nationalist conception of what the British government ought to have done in 1920 which ignores the realities of British party politics at that time; but they are required by that presentation to come to grips with the to-be-expected dread consequences of any British government attempt to put nearly a million Protestant Ulsterman under a Catholic Sinn Fein government in Dublin.

This appraisal draws extensively on a report prepared for me by Colm Campbell, B.C.L., Cobden Trust Research Student at the Queen’s University, Belfast.

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Notes

  1. See F. S. L. Lyons, Ireland Since the Famine (London: Weidenfeld & Nicolson, 1971) pp. 460–2.

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  2. See Tim Pat Coogan, The IRA (London: Fontana, 1984) pp. 72–104.

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  3. See Senator Mary Robinson, ‘The Protection of Human Rights in the Republic of Ireland’ in Colin Campbell (ed.), Do We Need a Bill of Rights? (London: Maurice Temple Smith, 1980) pp. 55–6.

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  4. Quoted in J. M. Kelly, The Irish Constitution, 2nd edn (Dublin: Jurist, 1984) p. 475.

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  5. Desmond M. Clark, ‘Emergency Legislation, Fundamental Rights and Article 28.3.3 of the Irish Constitution’, The Irish Jurist, vol. XII, pt 2 (Winter 1977) p. 217.

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  6. Kevin Boyle, Tom Hadden and Paddy Hillyard, Ten Years on in Northern Ireland: The Legal Control of Political Violence (London: Cobden Trust, 1980) p. 64

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  7. Dermot P. Walsh, The Use and Abuse of Emergency Legislation in Northern Ireland (London: Cobden Trust, 1983) p. 81.

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  8. S. C. Greer and A. White, Abolishing the Diplock Courts (London: Cobden Trust, 1986) p. 56.

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  9. Amnesty International, Report of a Mission to the Republic of Ireland in June 1977, issued on 19 December 1977, London, pp. 7–9.

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  10. See Joe Joyce and Peter Murtagh, Blind Justice (Dublin: Poolbeg Press, 1984) pp. 123–4.

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  11. Kadar Asmal, ‘The Emergency and the Constitution’, Rights, vol. 5, no. 2 (November–December 1980).

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  12. This view is disputed by Bob Rowthorn and Naomi Wayne, Northern Ireland: The Political Economy of Conflict (Oxford: Polity Press, 1988), who draw attention to the impact of the combination of a low birth rate and emigration on Protestant numbers.

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  13. Quoted by Harold Jackson and Anne McHardy, The Two Irelands — The Problem of the Double Minority (London: Minority Rights Group, 1984) p. 12.

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  14. See Sydney D. Bailey (ed.), Human Rights and Responsibilities in Britain and Ireland: A Christian Perspective (London: Macmillan, 1988) pp. 124–6

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  15. See H. J. Whyte, Church and State in Modern Ireland, 1923–1970 (Gill & Macmillan, 1971) chs VII and VIII.

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© 1990 L. J. Macfarlane

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Macfarlane, L.J. (1990). Human Rights in the Republic of Ireland. In: Human Rights: Realities and Possibilities. Palgrave Macmillan, London. https://doi.org/10.1007/978-1-349-11602-7_3

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