CHAPTER 1: INTRODUCING NATIONAL HUMAN RIGHTS INSTITUTIONS
In some countries, the law may say that the NHRI must
protect and promote human rights which are contained
in ratified international treaties. Constitutions and NHRI
enabling laws will vary from country to country, and
should be read carefully. Some countries do not have a
constitutional basis for their NHRIs, but only a legislative
base. A NHRI created in this manner complies with the
Paris Principles.
HUMAN RIGHTS COMMISSION ACT, 1994
South African Human Rights Commission
“WHEREAS the Constitution provides that the Human
Rights Commission shall, inter alia, be competent and
obliged to promote the observance of, respect for and
the protection of fundamental rights; to develop an
awareness of fundamental rights among all people of
the Republic” (emphasis added).
In some countries, NHRIs are created by decree, ordersin-council, proclamations or other executive instruments
that do not require the approval of the country’s elected
representatives. NHRIs created by such executive instruments do not meet international standards. According to
the ICC’s General Observations, the creation of an institution by an instrument of the Executive is not adequate to
ensure permanency and independence.
For details on enabling laws and compliance with the
Paris Principles, see Chapters 7 and 10.
Generally speaking, human rights laws should be given
a broad, liberal and purposive interpretation. NHRIs can
provide a central role in building a culture of human
rights, while reinforcing the rule of law. And while this
cannot be used to “read in” rights that do not exist, a
broad reading of an NHRI law can be used to interpret a
set of existing rights more expansively and in a way that
is more consistent with the achievement of human rights.
For example, in some jurisdictions the right to be free
from discrimination on the grounds of sex has been read
broadly to include the rights of women who are pregnant
and breastfeeding.
1.2.4 International human rights law
This Toolkit deals primarily with obligations arising from
treaties and focuses on the UN system, although there will
be some reference to regional systems.
Many human rights norms have been codified by the
United Nations over the past fifty years and given force
through a range of covenants, conventions, protocols
and other instruments. These human rights norms are
universal, indivisible, interdependent and interrelated, as
States re-affirmed at the 1993 Vienna World Conference
on Human Rights. States have also accepted the establishment of international bodies to supervise national
compliance with international human rights law. Thus, the
promotion and protection of human rights has become
an objective in the international community and this has
direct implications for UNCT staff in the field. In many
cases, treaty bodies3 have identified NHRIs as key
implementing mechanisms for facilitating the national
application of international human rights.
TWO SOURCES OF CONVENTIONAL OR
TREATY-BASED INTERNATIONAL HUMAN
RIGHTS OBLIGATIONS
The UN system has general application internationally,
subject to individual state ratifications or accessions,
declarations and reservations.
Regional systems for human rights protection apply
within territorial limitations, e.g. the African, the InterAmerican and the European human rights systems.
There are three general sources of international law: (1)
treaty or conventional law, (2) customary international
law, and (3) general principles of law. For the purposes of
this Toolkit, we will focus on treaty or conventional law.
Upon ratifying a treaty or convention, States undertake
certain legal obligations.
Annex 1: Table of UN Instruments and International
Law provides an overview of the key UN instruments listed according to their thematic relevance.
(See the end of Chapter 1)
Information on treaty bodies can be found in Chapter 3, section 3.6.1
3
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