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1 NHRI MODELS AND LEGAL FRAMEWORK
1.2 LEGAL FRAMEWORK
NHRIs operate within the mandate established in their
founding laws. NHRIs with broad, unrestricted mandates conferred by law can address the full range of
human rights, including women’s rights. Other institutions have more limited mandates, and most of these
are restricted to anti-discrimination and equality
rights.
In the OSCE region, three features appear to have
implications for the extent to which NHRIs address
women’s rights and gender equality: whether the NHRI
has been given additional responsibilities without adequate resource allocation; whether the NHRI mandate
extends to the private sector; and whether other specialized institutions have been created by the state to
assume specific responsibility for gender equality or
anti-discrimination issues.
Additional NHRI responsibilities
and limited resources
NHRIs with broad mandates to address the full range of
human rights issues may face challenges if they are also
called upon to take on additional responsibilities, often
without corresponding increases in resources. Two
recent United Nations treaties, the Optional Protocol
to the UN Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment15 and
15 The Optional Protocol to the Convention against Torture (OPCAT)
obliges each State party to “…set up, designate or maintain at the
domestic level one or several visiting bodies for the prevention of
torture and other cruel, inhuman or degrading treatment or punishment”.National Preventive Mechanisms (NPMs) are required to conduct regular visits to places of detention with a view to protecting
persons held in such places from torture and ill-treatment. OPCAT,
2002, Art. 3 – 4 and 17.
survey results
71%
of NHRIs stated
that they have a general
mandate to protect all
human rights, whereas
11%
reported that
their mandate was
restricted to a specific
type of rights, e.g.,
equality rights and
anti-discrimination.
19%
of NHRIs reported
that their legislation
specifically authorizes
them to address gender
issues and/or equality (in
addition to their general
human rights mandates).
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