UNDP-OHCHR TOOLKIT
Chapter 4: The Rule of Law and the Core Protection Mandate
Objective: Set out in detail the roles and responsibilities of NHRIs, including the human
rights framework at the national and international levels with a focus on how NHRIs relate
to the UN system.
The rule of law and the administration of justice are State responsibilities. NHRIs also have a
role in strengthening both areas. This Chapter examines the role of NHRIs and the particular
strategies and activities that NHRIs can undertake to strengthen the rule of law.
A related and crucial aspect of the NHRI mandate is core protection work. The OHCHR considers
core protection issues to be one of the more important elements in determining the credibility
of NHRIs at both the national and international levels. This chapter also emphasizes the role of
NHRIs in the core protection mandate such as:
11 General
activities relating to the prevention of torture, summary execution
and arbitrary detention
11 Complaints
11 Detention
11 General
from detainees
monitoring
activities relating to the protection of human rights defenders
Chapter 5: NHRIs, Human Development and Democratic
Governance
Objective: Highlight possible roles and added value of NHRIs in the larger development
context, particularly on influencing development processes, with concrete case studies in
areas such as participation in the formulation of poverty reduction strategies,
decentralisation programmes, policy and budget monitoring.
While many NHRIs tend to focus on civil and political rights, they also have important roles to
promote and protect economic, social and cultural rights and to strengthen the ties between
these rights and ESC rights. UNCTs can assist NHRIs in this work at the national level, including
through supporting the integration of the Millennium Development Goals to develop a road
map on programmatic priorities. Adapting these to the particularities of each country permits
effective target-setting and programming for NHRIs.
Working within cultural contexts is integral to a NHRI’s approach to development and human
rights, and especially to the effectiveness of NHRIs working to achieve equality. Working within
cultural traditions can allow the NHRI to work with social and cultural leaders to effect attitudinal
and practical changes. With the support of UNCTs, NHRIs can be informed of relevant norms and
documents related to cultural rights and their relationship to other human rights.
Because of the important links between democratic governance and human development,
NHRIs can look to strategic planning processes as a way to identify specific areas of priority in the
development context that have implications for human rights. The collaboration of UNCTs, NHRIs
and UNDP is necessary to the creation of an enabling environment to achieve MDGs. NHRIs can
also play an effective role in poverty reduction strategies, by maintaining a strong human rightsbased approach to Poverty Reduction Strategy Papers (PRSP). Their role may include seeking
involvement in the development and monitoring of a PRSP, and intervening where necessary.
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