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1 NHRI MODELS AND LEGAL FRAMEWORK
Many NHRIs are not permitted to investigate allegations of human rights abuses that occur in the private
sector. Despite this, these NHRIs may still advise the
government to enhance laws, policies and practices
relating to the protection of women’s rights and gender equality in the private sector. Occasionally, NHRIs
have sought to encourage public authorities to take
action to address discrimination complaints involving
the private sector.
Specialized institutions
In many OSCE participating States, independent bodies
have been established with specialized human rights
mandates to protect and promote the rights of particular groups, such as women, children or persons with disabilities. The ODIHR survey found that NHRIs are less
engaged with women’s rights and gender equality if
other institutions have been given these responsibilities.
The Paris Principles provide that NHRIs should consult with other institutions that have responsibility
for human rights.17 Where various institutions accept
complaints, procedures should be established to determine whether claimants may file complaints with one
or the other institution. The institutions should jointly
develop a clear referral system, which respects confidentiality and the informed choice of complainants.
This is particularly important in cases that involve
gender-based discrimination or violations of women’s
rights in combination with other alleged abuses.
If the relationship between the NHRI and other specialized human rights institutions is not clearly defined
in relevant legislation, this could be done, for example,
17 UN Principles relating to the status and functioning of national institutions for protection and promotion of human rights (the “Paris
Principles”), op. cit.
example
The Spanish Ombudsman’s Office monitors the
Organic Act on Integrated
Protection Measures
against Gender Violence
(2004), with respect to
all incidents and failures stemming from
its enforcement by the
various public authorities,
State security forces,
judges, prosecutors and
lawyers. The Office publishes the information
collected and encourages
relevant authorities to
prevent future incidents
and failures.
survey results
46%
of the NHRIs
surveyed said that there
is another specialized
body dealing with antidiscrimination, equality
rights, children’s rights
and/or women’s rights in
their state.
Most of these NHRIs refer
gender matters to the
specialized institution(s).
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