UNDP-OHCHR TOOLKIT continued RIGHT OR ISSUE UN INSTRUMENTS SAFEGUARDS/LIMITS AND VIOLATIONS SAMPLE AREAS OF UNCT SUPPORT TO NHRIS Arts. 2, 3 ICCPR Safeguards: Art. 26 ICCPR All persons are equal … without any discrimination on any ground … such as ... national or social origin, birth … or other status. 11 Ensure that the NHRI understands its responsibilities with regard to equality and non-discrimination, and provide advice on possible activities/ best practices. EQUALITY 11 11  efore the law b (general) r ights of non-citizens HABEAS CORPUS Art. 9, 13 ICCPR Constitutional guarantees of equality. Limits/Violations: 11 Differential treatment as regards minority groups or vulnerable persons, including treatment that has an adverse impact on persons based on race, sex, ethnic origin and other grounds. Safeguards: 11 Habeas corpus must remain available even during public emergencies threatening the nation.7 Limits/Violations: 11 11 11 Laws that extend the period before which a person has the right to be brought before a judicial officer. Restrictions of powers of release without written permission. Members of proscribed organizations are excluded from the complaint process. Provide the NHRI with the necessary technical assistance, specialised training, expertise, and material support to investigate allegations of unequal or discriminatory treatment in the administration of justice, and legal system generally, especially as regards minority groups or vulnerable persons. Ensure that the NHRI understands its responsibilities with regard to habeas corpus and advise them on possible activities/best practices. Provide the NHRI with the necessary technical assistance, specialised training, expertise, and material support to investigate the extent to which habeas corpus is difficult to access either because courts decline applications on a systematic basis, or restrict access to lawyers. Activities could be undertaken in coordination with Bar associations and lawyers’ associations, as well as NGOs. LEGAL RIGHTS 11 interpreter, assistance of an Art. 14(3)(f) ICCPR Safeguards: 11 Accused have access to interpreters in court. Limits/Violations: 11 72 No mention of access to qualified interpreters during questioning by law enforcement officers and limited access to interpretation in court. Ensure that the NHRI understands its responsibilities and advise them on possible activities/best practices. E.g. Support monitoring of judicial hearings in areas where minority language rights are an issue and support the preparation of reports on the state of practice and availability of interpreters. Provide the NHRI with the necessary technical assistance, specialised training, expertise, and material support to work with law enforcement to ensure that arrested persons have access to interpretation, emphasising language capacity for languages spoken by minority communities.