CHAPTER 4: THE RULE OF LAW AND THE CORE PROTECTION MANDATE continued RIGHT OR ISSUE UN INSTRUMENTS SAFEGUARDS/LIMITS AND VIOLATIONS SAMPLE AREAS OF UNCT SUPPORT TO NHRIS PRIVACY Art. 17(1) ICCPR No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. Safeguards: Ensure that the NHRI understands its responsibilities with regard to the right of privacy and advise them on possible activities/best practices. 11 Limits/Violations: 11 REMEDY, 11 access to justice Arts. 2, 26 ICCPR State should have to justify intrusions / interceptions of personal privacy, including the home, correspondence and communications. Wide search/seizure/break and entry powers (without warrant) can be exercised by officers or security forces in the interests of national security, public order or similar justifications. Safeguards: 11 11 Constitutional and legislative provisions providing remedies in the event of a violation of rights. Functioning and effective judiciary. Limits/Violations: 11 Remedies from NHRIs Any laws shielding legislation or government action from constitutional scrutiny. Safeguards: 11 NHRIs are empowered to conduct investigations into rights violations and there is a provision for seeking a remedy. NHRIs conduct mediations and other forms of alternative dispute resolution (ADR). Provide the NHRI with the necessary technical assistance, specialised training, expertise, material, and support to address issues and practices that invade privacy. Ensure that the NHRI understands its responsibilities with regard to remedies where it has jurisdictional authority and advise them on possible activities/best practices. Support the NHRI’s efforts to seek legislative reform to improve accessibility. Support liaison and coordination efforts with relevant government actors. UNCT can provide the NHRI with the necessary technical assistance, specialised training, expertise, and material support for improvements to case management systems to ensure case processing is timely and effective. Help to develop and communicate service standards to the public; ensure functioning and user-friendly case management software that is actually implemented and used. Training on mediation conducted early in the process, preferably with staff who are separate from investigation staff. 11 c ommunications Optional Protocol to the to ICCPR and CAT Convention against Torture treaty bodies First Optional Protocol ICCPR Safeguards: 11 Country has ratified Optional protocols. If no ratification, support the NHRI to advocate for ratification. The UNCT can provide support and information regarding regional practices, public advocacy to build public awareness and support. Provide technical assistance, specialised training, expertise, and material support to actively follow up on Committee views to ensure that remedies are provided to complainants. 75