1 NHRI MODELS AND LEGAL FRAMEWORK
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The “classical” Ombudsperson offices or institutions have a general mandate
to investigate maladministration,14 namely poor or failed administration, with
no specific human rights mandate. They provide individual legal protection
and complaint-handling in relation to administrative deficiencies.
Most Ombudsperson offices in the OSCE region today are hybrid institutions,
combining their mandate to address maladministration with a broader mandate to investigate human rights violations.
Other less common models include human rights advisory commissions and
research institutes. In general, institutions of this nature issue advice, reports
and/or recommendations on human rights, but do not handle individual complaints.
questions to consider
For NHRIs with a broad mandate, in states with a single human rights
institution:
?
Does the NHRI systematically identify and address issues that affect women’s
rights and gender equality across all programme areas?
?
If the NHRI has many existing responsibilities, how can it ensure that the
work on women’s rights and gender equality receives continuous attention and
adequate resources?
?
If the NHRI has received new responsibilities, how can it ensure that it maintains focus on women’s rights and gender equality, and integrates women’s
rights and gender aspects into new areas of responsibility?
14 Maladministration occurs if an institution fails to act in accordance with the law, fails to respect
the principles of good administration, or violates human rights. Some examples are administrative
irregularities, unfairness, discrimination, abuse of power, failure to reply, refusal of information, or
unnecessary delay. European Ombudsman, What is maladministration?
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