UNDP-OHCHR TOOLKIT
Practical considerations may also play a part:
11 A
country with an under-developed and/
or overburdened judiciary may, at least at the
outset, believe that giving NHRIs the authority
to go to court to enforce decisions would strain
already-thin resources.
11 “Experts”, including international experts and members
of existing institutions, bring certain attitudes and
perspectives with them. They will tend to see the
advantages in models that they have had the most
experience with.
While it is risky to generalise about NHRI classifications
or “models” of institutions, listing the attributes and pros
and cons may encourage better understanding and may
assist those who support establishing or strengthening
an institution.
A detailed discussion of elements to consider in
establishing a NHRI, from the perspective of the UNCT
planning cycle and from the standpoint of the “preestablishment” phase, are set out in Chapters 6 and
7, respectively.
KEY MESSAGES
11Although the Paris Principles set out the basic norms for the roles and responsibilities of NHRIs,
they do not dictate NHRI models or structures.
11Since there is no ideal or single accepted structure for NHRIs, beyond that they comply with the
Paris Principles, the best strategy for working effectively with an NHRI – or helping to establish one –
is to understand the surrounding legal, political and regional institutional cultures.
11Particular models of NHRIs tend to be found in certain regions, which are in turn linked to the legal
traditions of those regions. Care should be taken with names, which can be misleading and may mean
different things in different areas. The main models typically referenced include: human rights
commissions, human rights ombudsman offices, hybrid institutions and consultative/advisory
human rights research institutions.
11The UN General Assembly passed two important resolutions in 2008 on the role of the NHRIs in the
promotion and protection of human rights and also addressing the contributions that other institutions
can make.
11UN staff should work towards establishing comprehensive, independent NHRIs rather than specialized
institutions especially if those are not compliant with the Paris Principles. Compliance of NHRIs with the
Paris Principles and membership in existing NHRI networks (e.g. the ICC) will ensure their increasing
effectiveness for the promotion and protection of human rights.
11A variety of factors will influence the choice of model in establishing an NHRI. First and foremost,
the decision rests with the country. However, UN staff can play a useful role in sharing
information about the social, political and legal trends in a particular regional or legal tradition.
Other factors include economic circumstances and philosophical differences as to the best
approach and practical considerations.
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