A national human rights institution (NHRI) is an independent state-based institution with the responsibility to protect and promote human rights in a country. The Office of the United Nations High Commissioner for Human Rights (OHCHR) aids these bodies, providing advisory and support services, and facilitates access to United Nations (UN) treaty bodies and other committees.[1] There are over one hundred such institutions, about two-thirds assessed by peer review as compliant with the United Nations standards set out in the Paris Principles. Compliance with the Principles is the basis for accreditation at the UN, which, uniquely for NHRIs, is not conducted directly by a UN body but by a sub-committee of the Global Alliance of National Human Rights Institutions (GANHRI) called the Sub-Committee on Accreditation.[2] The secretariat to the review process (for initial accreditation, and reaccreditation every five years) is provided by the National Institutions and Regional Mechanisms Section of the OHCHR.[3]
NHRIs can be grouped together into two main categories: human rights commissions and ombudspersons. While most ombudspersons have their powers vested in a single person,[4] human rights commissions are led by multi-member boards, often representative of various societal groups. NHRIs are sometimes set up to deal with specific issues such as discrimination, although the Paris Principles requires they should be bodies with broad responsibilities. Specialised national institutions also exist in many countries to protect the rights of a particular vulnerable group such as ethnic and linguisticminorities, indigenous peoples, children, refugees, persons with disabilities, or women.
However, national human rights institutions under the Paris Principles have an explicit and broad human rights mandate including promotion and protection functions.[5] This can include research, documentation and training and education in human rights issues, while the ombudsman model tends to handle complaints about administrative deficiencies. While all human rights violations are maladministration, ombudsmen generally deal with few human rights violations.[6]
In most countries, a constitution, a human rights act, or institution-specific legislation establish national human rights institutions. The degree of independence of these institutions depends upon national law, and best practice requires a constitutional or statutory basis rather than (for example) a presidential decree.
Many countries establish special commissions to ensure laws and regulations protecting human rights are applied effectively. These commissions are often composed of members from diverse backgrounds, and with interest, expertise, or experience in human rights.
Human rights commissions primarily protect those within the state's jurisdiction against discrimination or mistreatment, and defend civil liberties and other human rights. Some investigate alleged violations of constitutional rights or international human rights treaties.
An essential role of many human rights commissions is to receive and investigate complaints alleging human rights abuses violating national law. Many human rights commissions rely on conciliation or arbitration for investigation and complaint resolution. Human rights commissions may be granted authority to impose legally binding outcomes on parties to a complaint. If no special tribunal has been established, the commission may transfer unresolved complaints to normal courts for final determination.
NHRIs usually deal with human rights issues by directly involving a public authority. In relation to non-state entities, some national human rights institutions may address:
grievances or disputes involving certain kinds of company (for instance state-owned enterprises, private companies providing public services, or companies operating at federal level)
complaints or disputes raising any human rights issue and involving any company.[9]
Additionally they may promote and protect the responsibilities of the state and the rights of the individual by:
advising to the state of its international and domestic human rights obligations and commitments
receiving, investigating and resolving human rights complaints
educating and publishing for all sections of society (particularly minority groups such as refugees)
monitoring human rights in the state and its subsequent actions
engaging with the international community to advocate for human right recommendations and to raise pressing issues for the state.[10]
Promoting and educating about human rights may involve informing the public of the commission's roles, sparking discussions on important human rights issues, providing counselling services and meetings, or distributing human rights publications.[10] Another important function is reviewing a government's human rights policy to detect shortcomings and suggest improvements.[10] This often includes proofing draft legislation, or policies. The degree of enforcement of institution's recommendations or rulings depends on the society's human rights climate.
Human rights commissions may monitor the state's compliance with local and with international human rights laws and recommend changes. The realization of human rights cannot be achieved solely through legislation and administrative arrangements; therefore, commissions are often charged with improving community awareness of human rights.
The Paris Principles obliges national human rights institutions to "[prepare] reports on the national situation with regard to human rights in general, and on more specific matters"; this is usually done in annual status reports.[11]
Reason for establishing national human rights institutions
The International Council on Human Rights Policy reported that NHRIs are established: in countries experiencing conflict (usually internal like South Africa, Ireland, or Spain), or in response to claims of serious human rights abuses.[12] NHRIs may be established as visual institutional security, as a body that is seen to be dealing with prevalent issues (such as seen in Mexico and Nigeria), or finally to underpin and consolidate other human rights protections (such as in Australia and New Zealand). National governments establish institutions reflecting their opinions and cultural identity. The United Nations Commission on Human Rights passed resolutions in 1992, recommending promotion of such institutions by governments without any, and also promoting the reform of those that did.[12] The United Nations Commission took over tasks requiring international involvement. Regional human rights agreements encouraged this development and establishment of human rights institutions as technical assistance was provided through international arrangements (such as the Asia-Pacific Forum of National Human Rights Institutions).[12]
NHRIs in some member states work at the international and regional level, such as in the European Union.[13] They may work to prevent discrimination against minority groups or international crimes, such as torture.[13] The authority and expertise typically held by NHRIs enable them to advocate for equal treatment. They serve as a resource in helping states adhere to international rights standards by offering an impartial perspecitve and addressing issues at the national level.[13]
Coupled with the United Nations, NHRIs are protecting and providing comprehensive and wide-ranging solutions. However, some states are unwilling to give effect to these sanctions, and the United Nations is unable to conduct the widespread and analytical monitoring of countries. In order to be legitimate, effective, and credible, NHRIs must be independent and effective.[14] One of the most effective tools that NHRIs have is their unique position between the responsibilities of government and the rights of civil society and non-governmental organisations (NGOs). This conceptual space gives NHRIs a positively distinctive role, acting as a different protection service for the people and different tools available to hold the state and other bodies accountable for human rights breaches.[14] However being independent from government and NGOs provides greater difficulty when funding, and working relationships are taken into account.[14] In most countries they receive government funding, and are also created and appointed by a governmental body.[14] This creates somewhat of a parallel obligation and taints the idea of the institutions autonomy and makes it harder to pursue their individual agenda.
The Paris Principles were conceived at a 1991 conference convened by the United Nations Commission on Human Rights.[13] Although the priorities and structure of them differ from country to country they have core features.[15] Part A.3 of the Paris Principles adopted in March 1993 by the United Nations Commission on Human Rights provides that NHRIs responsibilities are to ratify human rights treaties and cooperation with human rights mechanisms. The workshop recommendations provide a basis for assessing the effectiveness and independence of a NHRI, identifying six key criteria:
independence from government
independence granted from constitution or legislation
powers of investigation without referral from a higher authority or receipt of an individual complaint
pluralism, allowing them to coexist with the governing body
adequate financial and human resources
clearly defined and broad mandate to protect and promote universal human rights.[16]
NHRI fully complying with these criteria and demonstrate independence are accredited an "A status", while those only partially fulfilling them receive a "B status". "A status" institutions are allowed to participate in United Nations Human Rights Council discussions and its mechanisms. The Subcommittee on Accreditation determines the "status" of each NHRI, appeals directed to the GANHRI's Chair within 28 days.[17] "C status" institutions are due to non-compliance with the Paris Principles, but may still participate in gatherings as observers.[13] The Committee reviews these decisions every five years, giving the institutions opportunities to show further independence or compliance with the principles. Aiming to be transparent, vigorous and thorough in evaluation, the committee helps institutions earn "A status" and comply with the Paris Principles.
Global Alliance of National Human Rights Institutions
The Global Alliance of National Human Rights Institutions (GANHRI), formerly known as the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC), is a representative body of institutions worldwide. It aims to create effective and independent NHRIs around the world and encourages inter-institutional cooperation.[18] It organises international conferences for NHRIs, helps institutions in need of assistance, and helps governments create NHRIs when requested.[18]
International Ombudsman Institute
NHRIs can deal with a variety of issues including torture, discrimination, environment and employment rights.[14] In addition to human rights commissions they can be constituted or legislated as an ombudsman or a hybrid human-rights ombudsman.[14] The International Ombudsman Institute provides support for national ombudsman institutions for human rights. They are more concerned with state administration processes and so receive and make complaints in regards to systematic or administrative human rights breaches or concerns.[19]
International Coordinating Committee of NHRIs
The international Coordinating Committee of NHRIs was established in 1993 with a Bureau composed of one representative from the Americas, Asia Pacific, Africa and Europe.[20] The Coordinating Committee organises an annual meeting and a biennial conference that facilitates and supports NHRI engagement with the United Nations system.[20] At these gatherings NHRIs are able to share their expertise on specific topics and engage with the United Nations Office of the High Commissioner for Human Rights (OHCHR), which acts as a Secretariat of the Coordinating Committee. In order to facilitate NHRI dialogue with civil society the Coordinating Committee also holds an NGO forum. The Coordinating Committee may also be asked by a government to assist in making a new NHRI or to develop on pre existing ones.[20] Its name was changed to GANHRI in 2016.
Not all of the following NHRIs are accredited through GANHRI.
1 2 3 4 5 Handbook on the establishment and accreditation of National Human Rights Institutions in the European Union. Vienna: European Union Agency for Fundamental Rights. 2012. ISBN978-92-9192-993-1.
↑ Stropparo, P. E. (2023). Pueblo desnudo y público movilizado por el poder: Vacancia del Defensor del Pueblo: algunas transformaciones en la democracia y en la opinión pública en Argentina . Revista Mexicana De Opinión Pública, (35). https://doi.org/10.22201/fcpys.24484911e.2023.35.85516
This page is based on this Wikipedia article Text is available under the CC BY-SA 4.0 license; additional terms may apply. Images, videos and audio are available under their respective licenses.
